
FOREWORD
North American Dräger anesthesia products
OPERATOR’S RESPONSIBILITY FOR PATIENT SAFETY
are designed to provide the greatest degree of
patient safety that is practically and
technologically feasible. The design of the
equipment, the accompanying literature, and
the labeling on the equipment take into
consideration that the purchase and use of
the equipment are restricted to trained
professionals, and that certain inherent
characteristics of the equipment are known to
the trained operator. Instructions, warnings,
and caution statements are limited, therefore,
to the specifics of the North American Dräger
design.Thispublicationexcludesreferencesto
hazards which are obvious to a medical
professional, to the consequences of product
misuse, and to potentially adverse effects in
patients with abnormal conditions. Product
modification or misuse can be dangerous.
North American Dräger disclaims all liability
for the consequences of product alterations or
modifications, as well as for the consequences
which might result from the combination of
North American Dräger products with
products supplied by other manufacturers if
such a combination is not endorsed by North
American Dräger.
The operator of the anesthesia system must
recognize that the means of monitoring and
discovering hazardous conditions are specific
to the composition of the system and the
various components of the system. It is the
operator, and not the various manufacturers
or suppliers of components, who has control
overthefinal compositionandarrangementof
the anesthesia system used in the operating
room. Therefore, the responsibility for
choosing the appropriate safety monitoring
devices rests with the operator and user of
the equipment.
Patient safety may be achieved through a
variety of different means depending on the
institutional procedures, the preference of the
operator, and the application of the system.
These means range from electronic
surveillance of equipment performance and
patient condition to simple, direct contact
between operator and patient (direct observa-
tion of clinical signs). The responsibility for
the selection of the best level of patient
monitoring belongs solely to the equipment
operator. To this extent, the manufacturer,
North American Dräger, disclaims responsi-
bility for the adequacy of the monitoring
package selected for use with the anesthesia
system. However, North American Dräger is
available for consultation to discuss
monitoring options for different applications.
NorthAmericanDräger’sliability,whether
LIMITATION OF LIABILITY
arisingoutoforrelatedtomanufactureand
sale of the goods, their installation,
demonstration, sales representation, use,
performance, or otherwise, including any
liability based upon North American
Dräger’s Product Warranty, is subject to
and limited to the exclusive terms and
conditionsassetforth, whether basedupon
breach of warranty or any other cause of
action whatsoever, regardless of any fault
attributabletoNorthAmericanDrägerand
regardless of the form of action (including,
without limitation, breach of warranty,
negligence, strict liability, or otherwise).
THESTATED EXPRESSEDWARRANTIESARE
IN LIEU OF ALL OTHER WARRANTIES, EX-
PRESSEDORIMPLIED,INCLUDING,WITHOUT
LIMITATION, WARRANTIES OF MERCHANT-
ABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, OR NON-INFRINGEMENT.
North American Dräger shall not be liable
for, nor shall buyer be entitled to recover
any special incidental, or consequential
damages or for any liability incurred by
buyer to any third party in any way arising
out of or relating to the goods. North
American Dräger disclaims any liability
arising from a degraded system due to an
improperly designed or malfunctioning
third party interfaced product.
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