Appendix
Insulet does not warrant the suitability of the PDM or the Pods or the Omnipod®
System for any specific person as health care and treatment are complex subjects
requiring the services of qualified health care providers.
This Warranty is between you and Insulet. No other party has any rights to enforce
any of its terms. Insulet may transfer its rights and obligations under this Warranty
to another party without your consent.
If any provision of this Warranty is found to be invalid by any court that provision
will be deemed to be deleted from this Warranty and the validity of the remaining
provisions will not be affected.
No other warranty or agreement
Unless modified in writing and signed by both Insulet and you, the terms set out
in this Warranty are the complete and exclusive understanding between Insulet
and you, superseding all prior warranties and agreements, oral or written, and all
other communications relating to any defect in, failure or other malfunction in a
PDM, a Pod or an Omnipod® System. No employee, agent or other representative
of Insulet or any other party is authorised to make any product warranty or
agreement applicable to a PDM, a Pod or an Omnipod® System in addition to
those made in the foregoing.
Consent to Disclaimer of Implied Warranties and the Limitation of Remedies
If you do not consent to and instead wish to reject the Disclaimer of Implied
Warranties and the Limitation of Remedies included along with the Omnipod®
System, please return any Omnipod® System products (including any PDM
and Pod) to Insulet in exchange for a full refund. Failure to return such products
shall constitute acknowledgement of and consent to the Disclaimer of Implied
Warranties and the Limitation of Remedies.
Governing Law and Jurisdiction
This Warranty (and any non-contractual obligations arising out or in connection
with it) is governed by the laws of Canada. Any court of competent jurisdiction in
Canada will have exclusive jurisdiction and venue for any dispute arising out of or
in connection with this Warranty.
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Effective Date: 18OCT2020, PCO-000235