2008/MAY/21 at 2:50 p.m. Doc number: M931091A001 Rev. A [0YO]
The following disclaimer of warranty applies to United
States customers only:
Disclaimer of Warranty
ALTHOUGH THE OCTOPUS 4 TISSUE STABILIZER, MODEL 29400,
AND THE OCTOPUS 4.3 TISSUE STABILIZER, MODEL 29403,
HEREAFTER REFERRED TO AS "PRODUCT" HAS BEEN
MANUFACTURED UNDER CAREFULLY CONTROLLED
CONDITIONS, MEDTRONIC HAS NO CONTROL OVER THE
CONDITIONS UNDER WHICH THIS PRODUCT IS USED.
MEDTRONIC, THEREFORE DISCLAIMS ALL WARRANTIES, BOTH
EXPRESS AND IMPLIED, WITH RESPECT TO THE PRODUCT,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MEDTRONIC SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY
FOR ANY MEDICAL EXPENSES OR ANY DIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES CAUSED BY ANY USE, DEFECT,
FAILURE OR MALFUNCTION OF THE PRODUCT, WHETHER A
CLAIM FOR SUCH DAMAGES IS BASED UPON WARRANTY,
CONTRACT, TORT OR OTHERWISE. NO PERSON HAS ANY
AUTHORITY TO BIND MEDTRONIC TO ANY REPRESENTATION OR
WARRANTY WITH RESPECT TO THE PRODUCT.
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 Disclaimer of 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 this
Disclaimer of Warranty shall not be affected, and all rights and obligations
shall be construed and enforced as if this Disclaimer of Warranty did not
contain the particular part or term held to be invalid.
The following disclaimer of warranty applies to customers
outside the United States:
Disclaimer of Warranty
ALTHOUGH THE OCTOPUS 4 TISSUE STABILIZER, MODEL 29400,
AND THE OCTOPUS 4.3 TISSUE STABILIZER, MODEL 29403,
HEREAFTER REFERRED TO AS "PRODUCT" HAS BEEN
CAREFULLY DESIGNED, MANUFACTURED AND TESTED PRIOR
TO SALE, THE PRODUCT MAY FAIL TO PERFORM ITS INTENDED
FUNCTION SATISFACTORILY FOR A VARIETY OF REASONS. THE
WARNINGS CONTAINED IN THE PRODUCT LABELING PROVIDE
MORE DETAILED INFORMATION AND ARE CONSIDERED AN
INTEGRAL PART OF THIS DISCLAIMER OF WARRANTY.
MEDTRONIC, THEREFORE, DISCLAIMS ALL WARRANTIES, BOTH
EXPRESS AND IMPLIED, WITH RESPECT TO THE PRODUCT.
MEDTRONIC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES CAUSED BY ANY USE, DEFECT OR
FAILURE OF THE PRODUCT, WHETHER THE CLAIM IS BASED ON
WARRANTY, CONTRACT, TORT OR OTHERWISE.
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 Disclaimer of 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
Disclaimer of Warranty shall not be affected, and all rights and obligations
shall be construed and enforced as if this Disclaimer of Warranty did not
contain the particular part or term held to be invalid.
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