OmniPod DASH Guide De L'utilisateur page 203

Appendix
Proof of Purchase, Receipt or Activation
In order to verify the date of purchase (or receipt where purchased on your behalf) or, in the
case of a Pod, the time of activation and determine if the claim under this Warranty is within
the applicable warranty period, Insulet may require that you provide a valid proof of purchase,
receipt or activation. Your failure to provide valid proof, as determined by Insulet, may result in
the denial of coverage under this Warranty.
Exclusions
This Warranty covers only the original recipient and you cannot transfer or assign it with the
sale, rental or other transfer of the PDM or of the Pods to any other person or entity.
This Warranty will apply only if the PDM or the Pod at issue has been used in accordance with
the Omnipod® System User Guide and/or other written instructions provided by Insulet. This
Warranty does not apply if the PDM or the Pods have been:
•
Altered, changed or modified by any person or entity other than Insulet or a third party
authorised by Insulet;
•
Opened, serviced or repaired by any person or entity other than Insulet or a third party
authorised by Insulet;
•
Damaged by an act of God or another "force majeure"-like event;
•
Damaged by misuse, abuse, negligence, accident, unreasonable use or improper
handling, care or storage;
•
Damaged by wear and tear, causes unrelated to defective materials or workmanship
(including without limited unsuitable or faulty batteries) or other circumstances outside
of the reasonable control of Insulet.
This Warranty does not apply to, test strips, batteries, other accessories or related products
provided by third parties (e.g. data management tools, CGMs).
This Warranty does not extend to design defects (i.e. claims that the PDM or the Pods should
have been designed in a different way).
Disclaimer of Implied Warranties and Limitation of Remedies
To the extent permitted by law in Canada:
•
This Warranty and the remedies set out in it are the only warranties and remedies
provided by Insulet to you in relation to the PDM and the Pods and all other
statutory and implied warranties are expressly excluded to the maximum extent
permitted.
•
Insulet, its suppliers, distributors, service providers and/or agents will not be liable
for indirect, special, incidental or consequential damages caused by a defect in
the PDM or a Pod or by a breach of this Warranty, whether such claim is based in
warranty, contract, tort or otherwise.
Nothing in this Warranty is intended to exclude our liability for death or personal injury
resulting from our negligence, for fraud or fraudulent misrepresentation, or for breach of
your statutory rights in relation to the PDM or Pods.
Important additional provisions
This Warranty gives you specific legal rights. You may also have other statutory
rights which vary by jurisdiction.
Your statutory rights are not affected by this Warranty.
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Effective Date: 18OCT2020, PCO-000235