Medtronic MYOtherm XP Gebrauchsanweisung Seite 14

IMPORTANT NOTICE – LIMITED WARRANTY (U.S. CUSTOMERS ONLY)
A. This LIMITED WARRANTY provides the following assurance to the patient who receives a Medtronic
®
MYOtherm XP Cardioplegia Delivery System, 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 limitation set out above are not intended to, and should not be constructed 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, Inc. 710 Medtronic Parkway, Minneapolis,
MN 55432-5604. 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.
IMPORTANT NOTICE – LIMITED WARRANTY (FOR COUNTRIES OUTSIDE THE
U.S.)
A. This LIMITED WARRANTY provides assurance for the purchaser who receives a Medtronic
®
XP Cardioplegia Delivery System, 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
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.
12 Instructions for Use
®
representative to obtain information on how to process a
®
®
MYOtherm