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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,
INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON ANY DEFECT, FAILURE OR MALFUNCTION OF THE
PRODUCT, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE.
(2) This LIMITED WARRANTY is made only to the purchaser of the Equipment. AS TO ALL OTHERS, MEDTRONIC MAKES
NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHETHER ARISING FROM STATUTE, COMMON
LAW, CUSTOM OR OTHERWISE. NO EXPRESS OR IMPLIED WARRANTY TO THE PURCHASER SHALL EXTEND
BEYOND THE PERIOD SPECIFIED IN A(1) ABOVE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY
AVAILABLE TO ANY PERSON.
D. The exclusions and limitations set out above are not intended to, and should not be construed so as to contravene mandatory
provisions of applicable law. If any part or term of this LIMITED WARRANTY is held to be illegal, unenforceable or in conflict with
applicable law by a court of competent jurisdiction, the validity of the remaining portions of the LIMITED WARRANTY shall not be
affected, and all rights and obligations shall be construed and enforced as if this LIMITED WARRANTY did not contain the
particular part or term held to be invalid.
E. No person has any authority to bind Medtronic to any representation, condition or warranty except this LIMITED WARRANTY.
16 Limited warranty
The following Limited Warranty applies to customers outside the United States:
A. This LIMITED WARRANTY is available only to the original purchaser of the Medtronic Affinity CP centrifugal blood pump with
Cortiva bioactive surface, Model CBAP40 (hereinafter referred to as "Product"). In the event that the Product fails to function to
the specifications set forth in the Instructions for Use, Medtronic will issue a credit, equal to the original Product purchase price
(but not to exceed the value of the replacement Product) against the purchase of any Medtronic replacement Product used for that
patient. THE WARNINGS CONTAINED IN THE PRODUCT LABELING ARE CONSIDERED AN INTEGRAL PART OF THIS
LIMITED WARRANTY. CONTACT YOUR LOCAL MEDTRONIC REPRESENTATIVE TO OBTAIN INFORMATION ON HOW TO
PROCESS A CLAIM UNDER THIS LIMITED WARRANTY.
B. To qualify for the LIMITED WARRANTY, these conditions must be met:
(1) The Product must be used prior to its Use-by date.
(2) The Product must be returned to Medtronic within 60 days after use and shall be the property of Medtronic.
(3) The Product must not have been used for any other patient, must not have been misused, altered, abused or subject to
accident, and the Product must not have been altered or repaired in any way which, in the judgment of Medtronic, affects
its stability and reliability.
C. This LIMITED WARRANTY is limited to its express terms. In particular:
(1) In no event shall any replacement credit be granted where there is evidence of improper handling, improper implantation
or material alteration of the replaced Product.
(2) Medtronic is not responsible for any incidental or consequential damages based on any use, defect or failure of the Product,
whether the claim is based on warranty, contract, tort or otherwise.
D. The exclusions and limitations set out above are not intended to, and should not be construed so as to, contravene mandatory
provisions of applicable law. If any part or term of this LIMITED WARRANTY is held by any court of competent jurisdiction to be
illegal, unenforceable or in conflict with applicable law, the validity of the remaining portion of the LIMITED WARRANTY shall not
be affected, and all rights and obligations shall be construed and enforced as if this LIMITED WARRANTY did not contain the
particular part or term held to be invalid.
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This LIMITED WARRANTY is provided by Medtronic, 710 Medtronic Parkway, Minneapolis, MN 55432. It applies only outside the
United States.
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