Revised: June 2023

This Limited Warranty applies to each component of the Masimo Stork™ product, whether purchased as a bundle or separately, (each, a “Product”) listed below and is given by Masimo Corporation (“Masimo”) only to the original purchaser of the Product (or the original recipient of the gifted Product) from Masimo or any Masimo authorized reseller. Except where prohibited by law, this Limited Warranty does not extend to any subsequent Product owner or other person to whom the Product is transferred.

Limited Warranty

Subject to the limitations below and as long as used in accordance with the directions for use, Masimo warrants to the original purchaser of a Product for the time period below (“Warranty Period”) that any new component included with a Product will be free from defects in materials and workmanship (the “Limited Warranty”).

The Limited Warranty gives you specific legal rights and you may have other rights that vary from state to state.

Masimo limits the duration and remedies of all implied warranties, including without limitation, the warranties of merchantability and fitness for a particular purpose to the duration of the Warranty Period. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

Masimo may change the availability of the Limited Warranty at its discretion, but any changes will not be retroactive.

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.

If a component of a Product becomes defective during the Warranty Period, Masimo will, at its sole option, either repair or replace the defective component or Product, free of charge to you. Masimo will also pay for shipping and handling fees to return the repaired or replacement Product to you. The Warranty Period is not extended if Masimo repairs or replaces the Product. The Limited Warranty will apply to the repaired or replaced 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.

To make a warranty claim under the Limited Warranty, please follow the steps under “How to Obtain Warranty Service” below.

What is Not Covered?

The Limited Warranty above does not apply to: (a) any component of the Product that is: (i) not new or in its original packaging when supplied to you; (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.

Limitation of Remedies & Liability

The remedies in the Limited Warranty are your only remedies and Masimo’s entire liability for any breach of the Limited Warranty. Masimo’s liability under any circumstances will not exceed the actual amount paid by you for the defective Product, and under no circumstances will Masimo be liable for any consequential, incidental, special, or punitive damages or losses, whether direct or indirect.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In these states, the liability of Masimo, its licensors, and affiliates will be limited to the greatest extent permitted by law.

How to Obtain Warranty Service

If you need to obtain warranty service, please contact Masimo Customer Care by:

Calling Us:

(877) 772-8080, Monday – Friday 9:00 a.m. – 9:00 p.m. EST

OR

Emailing Us:

[email protected]

OR

Submitting your Request through our Web Page

https://www.masimostork.com/en-us/support/contact-us.html

A Masimo customer care representative will give you instructions on how to receive warranty service. A Masimo customer care representative will first assist you with troubleshooting the issue to determine if the Product/component is defective. If defective, Masimo will provide you a return merchandise authorization (“RMA”) number and instructions on how to send back the Product for repair or replacement. After you receive an RMA number, you must:

·        Include your RMA number and proof of purchase with your Product (if requested);

·        Safely and securely package the Product, preferably in the original packaging;

·        Ship the Product or Product component to an address specified by Masimo; and

·        Follow any other instructions or steps given to you by the Masimo Customer Service representative.

You are responsible for return shipping charges and any risk of damage or loss while in transit to Masimo, unless the Product or Product component was purchased directly from masimostork.com in which case Masimo will provide a shipping label. Masimo recommends a traceable shipping method.

Under the Limited Warranty service, Masimo will ship a repaired or replaced Product to you free of charge within 3 business days following Masimo’s receipt of the defective Product. You are responsible for all other shipping costs unless prohibited by law.

Other Important Notices

The rights provided to you under the Limited Warranty are provided in addition to your rights and remedies under consumer protection laws and do not affect your legal (statutory) rights under applicable law.

The Limited Warranty is offered subject to Masimo’s Terms of Use for the applicable Product, which may change from time to time. You can find the latest version of the Terms of Use for each Product in the Product App, in the Product manual or packaging, or by calling Masimo Customer Care at (877) 772-8080. If there is a conflict between the Terms of Use for a Product and the Limited Warranty, the Limited Warranty will prevail. No Masimo reseller, distributor, agent, or employee is authorized to make any modification, extension, or addition to the 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 option.