Medtronic Intersept 1351 Gebrauchsanweisung Seite 13

9 Important notice – limited warranty (US customers only)
A. This LIMITED WARRANTY provides the following assurances to the patient who receives an Intersept filtered cardiotomy reservoir, hereafter
referred to as the "Product":
(1) Should the Product fail to function within normal tolerances due to a defect in materials or workmanship prior to its Use-by date, Medtronic will,
at its option: (a) issue a credit to the purchaser equal to the purchase price, as defined in Subsection A(2), against the purchase of the
replacement Product or (b) provide a functionally comparable replacement Product at no charge.
(2) As used herein, purchase price shall mean the lesser of the net invoiced price of the original, or current functionally comparable, or replacement
Product.
B. To qualify for the LIMITED WARRANTY, these conditions must be met:
(1) The Product must be used prior to its Use-by date.
(2) The unused portion of the Product must be returned to Medtronic and shall be the property of Medtronic.
(3) The Product must not have been altered or subjected to misuse, abuse, or accident.
(4) The Product must be used in accordance with the labeling and Instructions for Use provided with the Product.
C. This LIMITED WARRANTY is limited to its express terms. In particular:
(1) Except as expressly provided by this LIMITED WARRANTY, Medtronic is not responsible for any direct, incidental, or consequential damages
based on any defect, failure, or malfunction of the product, whether the claim is based on warranty, contract, tort, or otherwise.
(2) THIS LIMITED WARRANTY IS MADE ONLY TO THE PATIENT IN WHOM THE PRODUCT WAS USED. AS TO ALL OTHERS, MEDTRONIC
MAKES NO WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOMER,
OR OTHERWISE. NO EXPRESS OR IMPLIED WARRANTY TO THE PATIENT SHALL EXTEND BEYOND THE PERIOD SPECIFIED IN A(1)
ABOVE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON.
(3) The exclusions and limitations set out above are not intended to, and should not be construed so as to, contravene mandatory provisions of
applicable law. If any part or term of this LIMITED WARRANTY is held to be illegal, unenforceable, or in conflict with applicable law by a court
of competent jurisdiction, the validity of the remaining portions of the LIMITED WARRANTY shall not be affected, and all rights and obligations
shall be construed and enforced as if this LIMITED WARRANTY did not contain the particular part or term held to be invalid. This LIMITED
WARRANTY gives the patient specific legal rights. The patient may also have other rights which vary from state to state.
(4) No person has any authority to bind Medtronic to any representation, condition, or warranty except this LIMITED WARRANTY.
Note: This LIMITED WARRANTY is provided by Medtronic, 710 Medtronic Parkway, Minneapolis, MN 55432. It applies only in the United States.
Areas outside the United States should contact their local Medtronic representative for exact terms of the LIMITED WARRANTY.
10 Important notice – limited warranty (for countries outside the US)
A. This LIMITED WARRANTY provides assurances for the purchaser who receives an Intersept filtered cardiotomy reservoir,hereafter referred to as
the "Product", that, should the Product fail to function to specification, Medtronic will issue a credit, equal to the original Product purchase price (but
not to exceed the value of the replacement Product) against the purchase of any Medtronic replacement Product used for that patient. The Warnings
contained in the product labeling are considered an integral part of this LIMITED WARRANTY. Contact your local Medtronic representative to
obtain information on how to process a claim under this LIMITED WARRANTY.
B. To qualify for the LIMITED WARRANTY, these conditions must be met:
(1) The Product must be used prior to its Use-by date.
(2) The Product must be returned to Medtronic within 60 days after use and shall be the property of Medtronic.
(3) The Product may not have been used for any other patient.
C. This LIMITED WARRANTY is limited to its express terms. In particular:
(1) In no event shall any replacement credit be granted where there is evidence of improper handling, improper implantation, or material alteration
of the replaced Product.
(2) Medtronic is not responsible for any incidental or consequential damages based on any use, defect, or failure of the Product, whether the claim
is based on warranty, contract, tort, or otherwise.
D. The exclusions and limitations set out above are not intended to, and should not be construed so as to, contravene mandatory provisions of
applicable law. If any part or term of this LIMITED WARRANTY is held by any court of competent jurisdiction to be illegal, unenforceable, or in conflict
with applicable law, the validity of the remaining portion of the LIMITED WARRANTY shall not be affected, and all rights and obligations shall be
construed and enforced as if this LIMITED WARRANTY did not contain the particular part or term held to be invalid.
13 English