OPERATOR’S RESPONSIBILITY
1-2 SERHT50NA A0808
LIMITATION OF LIABILITY
The liability of Newport Medical Instruments, Inc. (NEWPORT) is
subject to and limited to the exclusive terms and conditions as set
forth herein. Said liability is limited whether arising out of, or related
to, the manufacture and sale of goods, their installation,
demonstration, sales representation, use, performance, or
otherwise. Any liability based upon product warranty, whether
breach of warranty or otherwise, is limited regardless of any fault
attributable to N
EWPORT and the nature of the action (including
breach of warranty, negligence, and strict liability).
The expressed warranties are in lieu of all other warranties,
expressed or implied, including, without limitation, warranties of
merchantability, fitness for any purpose, or noninfringement.
N
EWPORT shall not be liable for any special incidental or
consequential damages incurred by the buyer to a third party. The
buyer shall not be entitled to make liability recoveries from N
EWPORT
due to such situations.
WARRANTY
The Newport HT50 Ventilator is guaranteed to be free of defects for
a period of two (2) years from date of delivery. The following are
exceptions to this warranty:
1. Defects caused by misuse, mishandling, tampering, or by
modifications not authorized by Newport Medical Instruments,
Inc. (N
EWPORT) or its representatives.
2. Rubber and plastic components and materials are guaranteed
to be free of defects at time of delivery.
3. The internal batteries are warranted for six months.
Any product which proves to be defective in workmanship or
material will be replaced, credited, or repaired. Newport retains the
discretion to select the most suitable of these options. Newport is
not responsible for deterioration, wear, or abuse. In all cases,
Newport will not be liable beyond the original selling price.
Application of this warranty is subject to the following conditions:
1. N
EWPORT or its authorized representatives must be promptly
notified upon detection of the defective material or equipment.
2. Defective material or equipment must be returned to N
EWPORT
or its authorized representative.