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| CYBERONICS’ LIMITED REPLACEMENT WARRANTY Cyberonics, Inc. warrants the NCP Pulse Generator against any defects due to faulty material or workmanship for a period of one year from the date of invoice. This warranty applies only to the original purchaser of the NCP Pulse Generator and the patient implanted with it. This Limited Replacement Warranty also applies only when the product is used in accordance with the product’s physician’s manual and excludes damage due to improper handling, defacing, accident (including dropping), or misuse. This product is not warranted when used or implanted by a person(s) not trained in or familiar with the NCP Bipolar Lead, Pulse Generator, and Programming Software physician’s manuals. This Limited Replacement Warranty is not a representation that any one NCP Pulse Generator will last the entire time of the Limited Replacement Warranty. In no event shall Cyberonics, Inc. be liable for any special, incidental, indirect, or consequential damages based on the failure of the device to function within normal tolerances, or resulting from damage to the device by external forces, whether the claim is based on warranty, contract, tort, or otherwise, or in connection with the purchase, use, or surgical implantation of this device or associated components or costs over and above the original purchase price from Cyberonics, Inc. To qualify for the Limited Replacement Warranty, the following conditions must be met: A properly completed Implant and Warranty Registration Card for both the NCP Pulse Generator and the NCP Bipolar Lead must be returned to Cyberonics, Inc. within thirty (30) days of device implantation; The battery cannot have been depleted as a result of programming to unusually high output currents, pulse widths, or duty cycles, which will cause a high energy/current drain; The product must have been used and prescribed in accordance with the NCP Bipolar Lead, NCP Pulse Generator, and NCP Programming Software physician’s manuals; The NCP Pulse Generator must have been implanted prior to its “Expiration Date”; The defective NCP Pulse Generator must be returned to Cyberonics, Inc. with an accompanying Return Goods Authorization (RGA) number, available from Customer Service at (866) 332-1375, and confirmed defective by the Quality Assurance Department; and All returned NCP Pulse Generators shall become the property of Cyberonics, Inc. If the NCP Pulse Generator becomes defective within the warranty period, contact Cyberonics, Inc. Customer Service for a no-cost replacement. Cyberonics, Inc. reserves the right to replace a defective product with the most comparable product Cyberonics 26-0006-0900/1 U.S. Domestic Version 79 of 92 currently available. Returned biohazardous product should be clearly identified as such on the outside surface of the package. No implied warranty, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose, shall extend beyond the period specified above. This replacement warranty shall be the exclusive remedy available to any person. No person has any authority to bind Cyberonics, Inc. to any representation, condition, or warranty except this Limited Replacement Warranty. While this warranty gives you specific legal rights, you may also have other rights that vary from state to state or that encroach upon the above. |