Surge™ Cardiovascular’s products (“Product”) are manufactured under carefully controlled conditions and Surge™ Cardiovascular warrants the Product will perform in accordance with its labeling, and will be free from significant defects in material and workmanship under normal use for one year from the date of shipment. Surge™ Cardiovascular’s sole liability shall be limited to replacement of, or credit for, any Product returned to Surge™ Cardiovascular and which Surge™ Cardiovascular determines, in its sole discretion, to have been defective in either material or workmanship at the time of shipment. Surge™ Cardiovascular has no control over the conditions under which the Product is handled or used by third parties. Therefore, Surge™ Cardiovascular disclaims all warranties, both express and implied, with respect to the product, including but not limited to any implied warranty of merchantability or fitness for a particular purpose. Surge™ Cardiovascular shall not be liable to any person or entity for any medical expenses or damages caused by any use, defect, failure or malfunction of the product, whether claim for such damages is based upon warranty, contract, tort or otherwise. No person has any authority to bind Surge™ Cardiovascular to any representation or warranty with respect to the product. The exclusions and limitations above are not intended to and should not be construed as intending to contravene mandatory provisions of applicable laws of any part of this Limited Warranty and Disclaimer of Liability is held unenforceable or in conflict with applicable law by a court of competent jurisdiction, the validity of the remaining portions shall be enforced as if this Limited Warranty and Disclaimer of Liability did not contain the part held invalid.