ZOLL AutoPulse 100 User Manual

Page 83

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P/N 12555-001 Rev 3

Page B-7

User Guide

repair or replace Products and parts covered by this warranty and all Products or parts replaced shall
become ZOLL Circulation’s property. In the course of warranty service, ZOLL Circulation may but shall
not be required to make engineering improvements to the Warranted Product or part thereof.

Exclusions

This warranty does not extend to any Warranted Products or parts thereof that have (a) been subject to
misuse, neglect or accident; (b) been damaged by causes external to the Warranted Product, including
but not limited to failure of or faulty electrical power; (c) not been used in accordance with ZOLL
Circulation’s instructions; (d) been affixed to any nonstandard accessory attachment; (e) had the serial
number removed or made illegible; (f) been modified by anyone other than ZOLL Circulation; (g) been
used with any software not provided by ZOLL Circulation; or (h) been disassembled, serviced, or
reassembled by anyone other than ZOLL Circulation, unless authorized by ZOLL Circulation. ZOLL
Circulation shall have no obligation to make repairs, replacements, or corrections which result, in whole
or in part, from normal wear and tear.

ZOLL Circulation makes no warranty (a) with respect to any products that are not Warranted Products,
(b) with respect to any products purchased from a person other than ZOLL Circulation or a ZOLL
Circulation-authorized distributor or (c) with respect to any product sold under a brand name other than
ZOLL Circulation.

THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR ZOLL CIRCULATION’S
PRODUCTS, EXTENDS ONLY TO THE PURCHASER AND IS EXPRESSLY IN LIEU OF ANY
OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY
WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ZOLL
CIRCULATION’S MAXIMUM LIABILITY ARISING OUT OF THE SALE OF THE PRODUCTS
OR THEIR USE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE,
SHALL NOT EXCEED THE ACTUAL PAYMENTS RECEIVED BY ZOLL CIRCULATION IN
CONNECTION THEREWITH. ZOLL CIRCULATION SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING
WITHOUT LIMITATION LOST PROFITS) DIRECTLY OR INDIRECTLY ARISING FROM THE
SALE, INABILITY TO SELL, USE OR LOSS OF USE OF ANY PRODUCT (HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY), EVEN IF ZOLL CIRCULATION HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS. THE FOREGOING LIMITATIONS SHALL NOT APPLY
TO ANY CLAIMS FOR BODILY INJURY OR DEATH TO THE EXTENT THAT LIMITATION OF
DAMAGES FOR SUCH CLAIMS ARE UNENFORCEABLE OR AGAINST PUBLIC POLICY
UNDER ANY APPLICABLE STATUTE OR RULE OF LAW

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