Limited Warranty And Disclaimer; Limitation Of Liability; Limited Remedy - 3M Bair Hugger 370 Manuel D'utilisation

Limited Warranty and Disclaimer

3M company warrants to the original end user ("User") that (i) for three years from the date of shipment the
3M™ Bair Hugger™ temperature monitoring unit Model 370, including the Software included therein, and
power supply, and (ii) for one year from the date of shipment the sensor cable and monitor cables, (collectively
the "Unit"), will substantially perform in accordance with the Operator's Manual, Installation & Service Manual,
and Instructions for Use ("User Documentation"). The terms of this Warranty do not affect or prejudice the
statutory rights of a purchaser acquiring the Unit otherwise than in the normal course of a business.
THIS WARRANTY DOES NOT APPLY IF (A) THE UNIT HAS BEEN REPAIRED BY PERSONS NOT AUTHORIZED
BY 3M; (B) THE UNIT HAS BEEN ALTERED, MODIFIED, MISUSED; (C) THE UNIT IS USED WITH NON-3M BAIR
HUGGER TEMPERATURE MONITORING UNIT COMPONENTS OR USED WITH DISPOSABLE COMPONENTS
OTHER THAN 3M BAIR HUGGER SENSORS; (D) THE UNIT OR A COMPONENT IS USED FOR OTHER USES; (E)
THE UNIT HAS NOT BEEN MAINTAINED OR USED IN ACCORDANCE WITH USER DOCUMENTATION; OR (F)
DAMAGE TO THE UNIT IS CAUSED BY NORMAL WEAR AND TEAR, NEGLIGENCE, ACCIDENT OR ABUSE.
UNLESS PROHIBITED BY LAW, THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING NOT BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY IMPLIED WARRANTY ARISING OUT OF
A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. 3M DOES NOT WARRANT
THAT THE SOFTWARE WILL FUNCTION ERROR FREE.
FURTHER, THIS WARRANTY DOES NOT EXTEND RIGHTS TO ANYONE OTHER THAN A USER AND IS NON-
TRANSFERABLE.
Use of the Unit can only be initiated and monitored by healthcare professionals whose skill and judgment
determine the fitness of the Unit for any particular medical treatment.
3M DISCLAIMS RESPONSIBILITY FOR THE FITNESS OF THE UNIT FOR ANY PARTICULAR MEDICAL
TREATMENT OR FOR ANY MEDICAL COMPLICATIONS RESULTING FROM THE USE OF THE UNIT.

Limitation of Liability

UNLESS PROHIBITED BY LAW, 3M WILL NOT BE LIABLE TO USER OR OTHERS FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL INCIDENTAL OR SPECIAL DAMAGES INCLUDING, FOR EXAMPLE, LOST PROFITS,
BUSINESS, INVESTMENTS, OR OPPORTUNITIES EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. The parties agree that 3M's total cumulative liability to User for direct damages for all causes
under this Warranty shall not exceed the price paid for the Unit. Some states or countries may have laws which
require liability rights different from those stated above. In such state or countries, the minimum required
liability terms shall apply.

Limited Remedy

If within the warranty periods set forth above the Unit does not conform to the express warranty set forth, 3M's
sole obligation and User's sole remedy shall be, at 3M's option, to repair or replace the nonconforming Unit
pursuant to the terms below. The sensor cable component of the Unit will be repaired or replaced by 3M only
once within the one-year limited warranty period. Repair or replacement of a Unit or a component part thereof
under the terms of this Warranty in no way lengthens the limited warranty period.
These are your exclusive remedies. You must promptly notify 3M within sixty (60) days of discovery of any
suspected defect in a Unit. You must return the Unit in order for your warranty coverage to take effect.
Shipping charges for returning the Unit will be the responsibility of 3M. Customer must contact 3M for return
shipping instructions. Please call Customer Service at 1-800-733-7775.
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