Disclaimer of Warranty and Limitation of Remedy
Drawbridge warrants that the Drawbridge Health OneDraw™ product (“Product”) will be free from defects in workmanship and conform to the manufacturer’s specifications until the printed date of expiration located on the Product or its packaging. This warranty is contingent upon proper use of the Product in accordance with its clear and intended use as set forth in the terms of this Instructions for Use document and any other written instructions provided by Drawbridge. Any uses of the Product contrary to such terms shall automatically void any applicable warranty. Customer acknowledges and agrees that the Product is a single use product and the foregoing warranty applies only for a single use of such Product. Drawbridge’s entire liability and customer’s exclusive remedy is limited to either (i) replacement or (ii) repair of Products found to be defective or at variance from manufacturer’s specifications during the applicable warranty period, at Drawbridge’s sole option and at no cost to customer. Customer agrees that to obtain any remedy (a) customer must promptly notify Drawbridge or one of its authorized service agents or service representatives in writing upon discovery that the Products failed to conform to the applicable warranty with detailed explanation of any alleged deficiencies or malfunction, (b) customer must return the Products to Drawbridge, and (c) an examination by Drawbridge shall disclose that such alleged deficiencies actually exist and were not caused by accident, neglect, misuse, alteration by or of customer. EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DRAWBRIDGE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The OneDraw Device is the subject of U.S. Pub. Nos. 20170067803A1 and 20190000365A1, and US Pat. Appln. No. 29/655,964.
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