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tolerances due to a defect in materials or workmanship within a period of
one (1) year, commencing with the delivery of the Equipment to the
purchaser, Medtronic will at its option:
(1) Replace the Equipment;
(2) Issue a credit equal to the original Equipment purchase price (but
not to exceed the value of the replacement Equipment), against the
purchase of replacement Equipment; or
(3) Provide functionally comparable replacement Equipment at no
charge.
B. To qualify for this replacement or credit, the following conditions must be
met:
(1) The Equipment must be returned to Medtronic within sixty (60) days
after discovery of the defect.
(2) The Equipment must not have been altered by anyone in any way.
(3) The Equipment must not have been subjected to misuse, abuse or
accident.
This LIMITED WARRANTY is provided by Medtronic of Canada
Ltd. This LIMITED WARRANTY only applies to models licensed
and purchased in Canada.
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,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES BASED ON ANY DEFECT, FAILURE, OR
MALFUNCTION OF THE EQUIPMENT, IN A MANNER
CONSISTENT WITH ITS INTENDED OPERATION AND
PERFORMANCE DUE TO THE QUALITY OF MATERIALS AND
WORKMANSHIP, WHETHER THE CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT, OR OTHERWISE.
(2) This LIMITED WARRANTY is made only to the original purchaser
of the Equipment. AS TO ALL OTHERS, MEDTRONIC MAKES NO
WARRANTY OR CONDITION, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED TERM OR
CONDITION OF SALE OR WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE WHETHER
ARISING FROM ANY LAWS AND REGULATIONS, COMMON
LAW, CUSTOM, OR OTHERWISE. NO SUCH EXPRESS OR
IMPLIED WARRANTY OR CONDITION TO THE PURCHASER
SHALL EXTEND BEYOND THE MODEL SPECIFIED ABOVE.
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