APC AP9465 Life Support Policy, Warranty claims, General policy, Examples of life-support devices

IN NO EVENT SHALL APC, ITS OFFICERS, DIRECTORS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY FORM OF INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE, SERVICE OR INSTALLATION, OF THE PRODUCTS, WHETHER SUCH DAMAGES ARISE IN CONTRACT OR TORT, IRRESPECTIVE OF FAULT, NEGLIGENCE OR STRICT LIABILITY OR WHETHER APC HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, APC IS NOT LIABLE FOR ANY COSTS, SUCH AS LOST PROFITS OR REVENUE, LOSS OF EQUIPMENT, LOSS OF USE OF EQUIPMENT, LOSS OF SOFTWARE, LOSS OF DATA, COSTS OF SUBSTITUENTS, CLAIMS BY THIRD PARTIES, OR OTHERWISE.

NO SALESMAN, EMPLOYEE OR AGENT OF APC IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS WARRANTY. WARRANTY TERMS MAY BE MODIFIED, IF AT ALL, ONLY IN WRITING SIGNED BY AN APC OFFICER AND LEGAL DEPARTMENT.

Warranty claims

Customers with warranty claims issues may access the APC customer support network through the Support page of the APC Web site, www.apc.com/support. Select your country from the country selection pull-down menu at the top of the Web page. Select the Support tab to obtain contact information for customer support in your region.

Life Support Policy

General policy

American Power Conversion (APC) does not recommend the use of any of its products in the following situations:

•In life-support applications where failure or malfunction of the APC product can be reasonably expected to cause failure of the life-support device or to affect significantly its safety or effectiveness.

•In direct patient care.

APC will not knowingly sell its products for use in such applications unless it receives in writing assurances satisfactory to APC that (a) the risks of injury or damage have been minimized, (b) the customer assumes all such risks, and (c) the liability of APC is adequately protected under the circumstances.

Examples of life-support devices

The term life-support device includes but is not limited to neonatal oxygen analyzers, nerve stimulators (whether used for anesthesia, pain relief, or other purposes), autotransfusion devices, blood pumps, defibrillators, arrhythmia detectors and alarms, pacemakers, hemodialysis systems, peritoneal dialysis systems, neonatal ventilator incubators, ventilators (for adults and infants), anesthesia ventilators, infusion pumps, and any other devices designated as “critical” by the U.S. FDA.

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