Alberta E-Vent User Manual Version 1.3 June 3, 2020 ii
Important: Read before Use
DISCLAIMER OF WARRANTIES
The Alberta E-Vent Emergency Automated Ventilator
(“Device”) is provided to you, a health services agency
(“You”), on an as-is basis pursuant to a contract between
Exergy and You for the provision of Devices (“Contract”) and
pursuant to these terms and conditions in this Operator’s
Manual (“Manual”). Your use of the Device and reliance on
the Manual is at your own risk and the Device must be
operated under the care of a competent respiratory therapist,
nurse or other trained healthcare practitioner qualified to use
such equipment, under your employ or subject to your
oversight (collectively, your “Operators”). You are solely
responsible for determining the degree of monitoring or
oversight that is appropriate in connection with patient care
and the use of the Device and Manual by your Operators and
You warrant that the Device will not be used where the health
or safety of a patient, user or other person may be adversely
affected, the Device will not be used in any circumstance that
poses any undue risk to a patient, and the Device will only be
used where the possible adverse effect of its use constitutes
an acceptable risk when weighed against the benefits to the
patient and that risk is compatible with a high level of
protection of health and safety.
Exergy Solutions Inc. (“Exergy”) makes no representations,
warranties or covenants, whether statutory, express, implied,
by course of communication or dealing, or otherwise with
respect to the Manual and the Device. Exergy specifically
disclaims any warranty with regard to the fitness for any
particular purpose, condition of merchantability, accuracy or
completeness of any data, effectiveness of materials used,
recommendations given or non-infringement of any third-
party’s intellectual property rights. You acknowledge that
you have not relied on any representation, condition or
warranty made by Exergy, or any other person on Exergy’s
behalf.
Without limiting the generality of the foregoing, Exergy
makes no warranty of any kind that the Manual and use of the
Device will meet your requirements, or achieve the intended
result or that the Device will comply with all applicable
international, federal, provincial, state or municipal laws and
regulations regarding medical devices or medical uses. You
expressly acknowledge and agree that Exergy is not
responsible for any health complications, injuries, loss or
death that may result from your use of any Device or the
Manual. You understand and acknowledge that Exergy does
not provide medical or other health-related advice.
Exergy disclaims any responsibility for or assurances
regarding the quality, functionality, or safety of any Device
and the Manual, or any defect, errors or malfunction in
connection therewith. Reliance on the Manual and use of
the Device by You is done so solely at your own risk.
You understand and acknowledge that: You and your
Operators have been provided the opportunity to obtain any
and all information relevant to the use of the Device and the
Manual; You have accepted all responsibility and Exergy
retains no responsibility for the decision by You to use or your
use of any Device; and You will comply with all your
professional obligations, all applicable laws and
governmental rules, regulations and guidelines, including any
safety precautions, that are applicable to the Device or the
use thereof.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Exergy
and any of its subsidiaries and its and their respective
directors, officers, employees, contractors, agents,
representatives, volunteers, funders and collaborators and
each of their respective successors, heirs and assigns
(collectively, the “Exergy Indemnified Parties”) be liable or
responsible for, or be obliged to indemnify You, your
Operators, or any third party, for; any direct, indirect, special,
incidental, consequential, punitive or exemplary damages of
any kind whatsoever, under any theory, arising out of or in
connection with the Contract and your use of the Device or
your reliance on the Manual; any error, failure or defect of
such Device or the Manual; or, any harm, loss or injury caused
by such Device or the Manual.
INDEMNIFICATION
To the fullest extent permitted by law, You shall release,
protect, defend, indemnify, and hold harmless the Exergy
Indemnified Parties from and against any and all manner of
actions, causes of action, suits, proceedings, rights, claims,
complaints, demands, losses, liabilities, obligations,
reasonable legal fees, costs, expenses, disbursements, fines,
penalties, judgments and awards of any nature and kind
which exist now or hereafter by reason of any events, acts or
omissions (“Claims”), without limit and without regard to the
cause or causes of such Claims, including without limitation,
the negligence or fault (active or passive) of any party or
parties including the sole, joint, gross or concurrent
negligence of the Exergy Indemnified Parties, any theory of
strict liability or any professional negligence (whether or not
pre-existing the date of the Contract or use by You of the
Device and your reliance on the Manual), breach of duty
(statutory or otherwise), warranty (statutory or otherwise), or
contract of any party, or any other theory of legal liability,
arising in connection with your use of the Device and reliance
on the Manual and brought by, through or derived from You
on account of bodily injury, illness, death or damage to or loss
of property.
