Limited Warranty

Curlin Medical, Inc. (the "Manufacturer") warrants to the Original Purchaser that the infusion pump (the "Pump"), not including accessories, shall be free from defects in material and workmanship under normal use, if used in accordance with this User's Manual, for a period of one year from the actual date of sale to the Original Purchaser. THERE ARE NO OTHER WARRANTIES.

The warranty does not cover normal wear and tear and maintenance items, and specifically excludes batteries, administration sets, extension sets or any other accessory items or equipment used with the Pump.

Subject to the conditions of and upon compliance with this Limited Warranty, the Manufacturer will repair or replace at its option without charge (except for a minimal charge for postage and handling) any Pump (not including accessories) which is defective if a claim is made during such one year period.

The following conditions, procedures, and limitations apply to the Manufacturer's obligation under this warranty:

1. Parties Covered by this Warranty: This warranty extends only to the Original Purchaser of the Pump. This warranty does not extend to subsequent purchasers. The Original Purchaser may be a patient, medical personnel, or a medical facility that purchases the Pump for treatment of patients. The Original Purchaser should retain the invoice or sales receipt as proof as to the actual date of purchase.
   
   
2. Warranty Performance Procedure: Notice of the claimed defect must be made by telephone at 714.893.2200, via the on-line RMA form, or via postal mail to the Manufacturer at:
   
   Customer Service Department
   Curlin Medical, Inc.
   15751 Graham Street
   Huntington Beach, CA 92649-1630.
   
   Notice to the Manufacturer must include date of purchase, model, serial number, and a description of the claimed defect in sufficient detail to allow the Manufacturer to determine and facilitate any repairs that may be necessary. AUTHORIZATION MUST BE OBTAINED PRIOR TO RETURNING THE PUMP, and confirmed with issuance of an RMA (Return Materials Authorization) number. When authorized, the Pump must be properly and carefully packaged and returned to the Manufacturer, postage prepaid. Any loss or damage during shipment is at the risk of the sender.
   
   
3. Conditions of Warranty: The warranty is void if the pump has been 1) repaired by someone other than the Manufacturer or its authorized agent; 2) altered so that its stability or reliability is affected; 3) misused; or, 4) damaged by negligence or accident. Misuse includes, but not limited to, use not in compliance with the User's Manual or use with non approved accessories. The pump is a sealed unit, and the fact that the seal has been broken will be considered conclusive evidence that the Pump has been altered or misused. Removal or damage to the Pump's serial number will invalidate this warranty.
   
   
4. Limitations and Exclusions: Repair or replacement of the pump or any component part thereof is the EXCLUSIVE remedy offered by the Manufacturer. The following and limitations shall apply:
   • No agent, representative, or employee of the Manufacturer has authority to bind the Manufacturer to any representation or warranty, expressed or implied.
   • THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS OR USE OF THE PUMP FOR ANY PARTICULAR PURPOSE.
   • The pump can only be used under the supervision of medical personnel whose skill and judgment determine the suitability of the Pump for any particular medical treatment.
   • All recommendations, information, and descriptive literature supplied by the Manufacturer or its agents are believed to be accurate and reliable, but do not constitute warranties.

The Manufacturer disclaims responsibility for the suitability of the pump for any particular medical treatment or for any medical complications resulting from the use of the Pump. The Manufacturer shall not be responsible for any incidental damages or consequential damages to property, loss of profits, or loss of use caused by any defect or malfunction of the pump.

This warranty gives the Original Purchaser specific legal rights, and the Original Purchaser may have other legal rights, which may vary from state to state.