Eversense, Eversense Continuous Glucose Monitoring, Eversense CGM, Eversense Sensor, Eversense Smart Transmitter, Eversense App and the Eversense logo are trademarks of Senseonics, Incorporated.
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Eversense Smart Transmitter Limited Warranty
1. Coverage and duration of limited warranty.
Senseonics, Incorporated (“Senseonics”) warrants to the original end user (“you”) of the Eversense Smart transmitter that the Smart Transmitter shall be free from defects in material and workmanship under normal use for a period of one year commencing on the date that you first received the Smart Transmitter from your physician. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. This limited warranty is made on the condition that you provide Senseonics with written notice of any defects in material and/or workmanship immediately upon discovery, and provided that Senseonics determines that your claim is due to defects in original material and/or workmanship. If Senseonics provides you with a replacement Smart Transmitter pursuant to the terms of this limited warranty, any remaining warranty on the original Smart Transmitter will transfer to the replacement Smart Transmitter, the warranty period for the replacement Smart Transmitter shall end on the one year anniversary of the date that you first received the Smart Transmitter from your physician, and this warranty will be void with respect to the original Smart Transmitter.
2. Exclusions to the limited warranty.
The limited warranty is conditioned upon proper use of the product by you. The limited warranty does not cover a) cosmetic damage, scratching or other damage to surfaces and exposed parts due to normal use; b) damage resulting from accident, neglect and other negligence, misuse, unusual physical, electrical or electromechanical stress, or modification of any part of the product; c) equipment that has been altered to remove, alter or otherwise make illegible the ID number; d) malfunctions resulting from use with products, accessories or peripheral equipment not furnished or approved in writing by Senseonics; e) equipment that has been dissembled; and f) damage caused by improper operation, testing, maintenance, installation or adjustment. The Smart Transmitter cannot be exposed to water, and this limited warranty does not cover any damage resulting from such exposure. This limited warranty does not apply to collateral services, equipment or software that may be used with the Smart Transmitter.
3. Senseonics’ obligations under the limited warranty.
The sole obligation of Senseonics under this limited warranty is to repair or replace, at its sole discretion, without charge to you, any defective Eversense Smart Transmitter, provided the warranty period is still in effect. You must return the defective product to an authorized Senseonics Customer Support Department in an appropriate shipping container that will adequately protect the Smart Transmitter from further damage, accompanied by your name and address, the name and address of the physician from whom you obtained the Smart Transmitter and the date, and the ID number of the Smart Transmitter. To find out where to send the Eversense Smart transmitter visit our website www.eversensediabetes.com. Upon receipt, if Senseonics determines that the Smart Transmitter is covered by the limited warranty and that coverage is not excluded, Senseonics will promptly replace the Smart Transmitter. If Senseonics determines that the Smart Transmitter is not covered by the limited warranty, you may purchase a replacement or if you want the original Smart Transmitter returned, you must prepay all shipping charges.
4. Limits of Senseonics’ obligations under the limited warranty.
THE LIMITED WARRANTY OF SENSEONICS DESCRIBED ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND SENSEONICS EXPRESSLY EXCLUDES AND DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, SENSEONICS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE SALE, USE, MISUSE OR INABILITY TO USE ANY SENSEONICS EVERSENSE SYSTEM. THIS LIMITATION SHALL APPLY EVEN IF SENSEONICS OR ITS AGENT HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF THIS LIMITED REMEDY. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN YOU, THE ORIGINAL END USER OF THIS PRODUCT AND IT STATES YOUR EXCLUSIVE REMEDY. IF ANY PORTION OF THIS LIMITED WARRANTY IS ILLEGAL OR UNENFORCEABLE BY REASON OF ANY LAW, TO THE EXTENT THAT SENSEONICS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF LIABILITY OF SENSEONICS SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.