This Limited Warranty does not apply to (a) any non-Masimo product, even if included or sold with a Product; (b) any software or application used with the Product, even if packaged or sold with the Product or embedded in the Product or (c) any non-Masimo network or system on which the Product operates. You should refer to the Terms of Use for the specific Product for additional details.
To request a replacement under warranty, you must follow the instructions for returning the Product under How to Obtain Warranty Service. To the extent permitted by law, Masimo’s sole obligation under this Limited Warranty is the repair or replacement, at its option, of the defective component. Masimo warrants the replacement component for the remainder of the original warranty period, or 30 days from the date of replacement, whichever is longer, or for any additional period of time that may be required by applicable law.
What is Not Covered?
This Limited Warranty above does not apply to: (a) any component of the Product that was: (i) not new or in its original packaging when supplied to purchaser; (ii) modified; (iii) used with non-Masimo supplied or approved devices (including unsupported mobile devices), components, accessories, or software; (iv) disassembled or repaired by anyone other than a person authorized by Masimo; (b) normal wear and tear; (c) damage resulting from accident, misuse, abuse, negligence; or (d) failure to use the Product in accordance with the instructions and warnings provided with the product or any published documentation.
Except as expressly provided in this Limited Warranty or where prohibited by law, the Products are provided “AS IS” and for the avoidance of doubt, this disclaimer also applies to (a) any non-Masimo product, even if included or sold with a Product; (b) any software or application used with the Product, even if packaged or sold with the Product or embedded in the Product and (c) any non-Masimo network or system on which the Product operates. There are no other warranties of any kind provided by Masimo for the Products, whether express, implied, or statutory, including without limitation, any implied warranties of non-infringement, merchantability, fitness for a particular purpose, satisfactory quality, or reasonable care. Neither Masimo nor its licensors represent or warrant that the Products (i) will satisfy your requirements or achieve your intended purpose, (ii) is without defect or error, or (iii) will operate timely, uninterrupted or error free. Masimo does not warrant the accuracy of any results obtained from the use of Masimo Products.
Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these disclaimers may not apply to you.
Limitation of Remedies
The remedies in this Limited Warranty are your sole and exclusive remedies and Masimo’s sole and exclusive liability.
To the maximum extent permitted by law, even if a remedy fails its essential purpose: (a) in no event will Masimo, its licensors, or affiliates be liable for any special, incidental, indirect, or consequential damages, including without limitation, damages for loss of profits, loss or corruption of data, data breach, business interruption, loss of information, or any other pecuniary loss whether the claims or damages are based on warranty, contract, tort (including negligence), extra-contractual liability, strict liability or any other legal theory, even if Masimo has been advised of the possibility of such damages; and (b) in no event will Masimo’s entire liability to you or any other party for any loss or damage resulting from any claims, demands or actions exceed the amount actually paid by you for the Product.
Some jurisdictions do not allow the exclusion or limitation of liability, in which case the above limitations may not apply to you. In these jurisdictions, the liability of Masimo, its licensors, and affiliates will be limited to the greatest extent permitted by law.
How to Obtain Warranty Service
To obtain warranty service on a component of a Product purchased directly from Masimo, you must have an RMA number. To request an RMA number, please contact Masimo Customer Support before the end of the warranty period. The RMA number must be included along with your return. You may be required to provide proof of purchase. You must safely and securely package, preferably in the original packaging, and return the component to the address specified by Masimo. You are responsible for return shipping charges and any risk of damage or loss while in transit to Masimo. A traceable shipping method is recommended.
If Masimo determines that a component will be replaced under warranty, it will be replaced and the cost of shipment to you will be covered. All other shipping costs must be paid by purchaser unless prohibited by law.
Other Important Notices
The rights provided to you under this Limited Warranty are provided in addition to all rights and remedies conveyed to you by applicable consumer protection laws and do not affect your legal (statutory) rights under your applicable national law.
This Limited Warranty is offered subject to Masimo’s Terms of Service for the applicable Product, which may change from time to time. You can find the latest version of the Terms of Service for each Product in the Product App, in the Product manual or packaging, or by calling Masimo Customer Support at (800) 916-1270. In the case of a conflict between the Terms of Service for a Product and this Limited Warranty, this Limited Warranty will prevail. No Masimo reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty.
Any product returned to Masimo without a valid warranty claim or without an RMA number may be rejected, returned at sender’s cost (subject to prepayment), or kept for 30 days and then disposed of at Masimo’s sole discretion.
