7 warranty, Warranty – ITC Avoximeter 1000E Whole Blood Oximeter User Manual

Page 74

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ITC AVOXimeter 1000E Operator’s Manual

68

7 Warranty

Certification, Warranty and Service Warranty, and Service

ITC, declares to the original purchaser that each instrument manufactured and
sold by ITC, or sold by an authorized ITC dealer, shall be free from defects in
material and workmanship and, under normal and proper use conditions, warrants
it for a period of one year from installation and no more than 13 months from the
shipping date, except as otherwise provided in writing.

ITC's obligation is limited to repairing, replacing, or modifying (at ITC's undisputed
judgment) at ITC's factory, or elsewhere, the material whose defects have been
verified, on condition that the purchaser has informed ITC of any defects found
within 15 days from receipt. Damages caused by or connected to transport are
excluded. Transport to and from ITC facility will be at purchaser’s charge and risk,
and shall also be prepaid for reshipment, except as otherwise provided in writing.
These replacements, repairs, or alterations will in no case determine extension to
the above specified warranty period.

The warranty does not cover those parts that deteriorate, or which are in any case
considered consumables, or those parts or “items”, which by their nature are
normally required to be replaced periodically consistent with normal maintenance.
It is also understood that, following the purchase and delivery of the instrument,
the purchaser shall be deemed liable for any losses, damages, or complaints
concerning persons or things incurred by the use, or misuse of the instrument, on
behalf of the purchaser, its employees, co-operators, or others. ITC does not
assume any obligation or warranty engagement concerning precision and/or
accuracy of the measurements, as well as for any damage to the instrument,
directly or indirectly resulting from the use of reagents and/or consumables
different from those produced by ITC specifically for its own instruments, and for
the same properly tested.

Warranty will not apply to those defective instruments or materials showing
defects or damage arising from the following causes:

1. Insufficient or negligent care by the purchaser.

2. Insufficient or negligent maintenance by the purchaser in relation to the
instructions contained in the manuals prepared by ITC for this purpose; tampering
or alterations of the instruments, or in any case interventions or repairs made by
any person not duly authorized by ITC.

3. Misuse due to carelessness, negligence, or inexperience.

4. Employment of materials under heavier conditions than those for which they
have been designed and manufactured, and use of the same in combination with
incompatible or dangerous products.

5. Non-observance of the regulations relevant to installation, power supply, and
operation of the instruments (with particular regard to the regulations for accident
prevention).

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