Use Instructions
305
Appendix
INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY A DEFECT IN THE
CONTROLLER OR A POD OR BY A BREACH OF THE ABOVE LIMITED EXPRESS
WARRANTY, WHETHER SUCH CLAIM IS BASED IN WARRANTY, CONTRACT,
TORT OR OTHERWISE.
Important Additional Provisions
INSULET CORPORATION DOES NOT WARRANT THE SUITABILITY OF THE
CONTROLLER OR THE POD OR THE OMNIPOD 5 AUTOMATED INSULIN
DELIVERY SYSTEM FOR ANY SPECIFIC PERSON AS HEALTH CARE AND
TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE SERVICES OF QUALIFIED
HEALTH CARE PROVIDERS.
e above Limited Express Warranty gives you specic legal rights, and you may also have
other rights which vary by jurisdiction. e above Limited Express Warranty applies only to
Controllers and the Pods that were originally sold for use in the United States of America.
Note that some jurisdictions do not allow the exclusion of implied warranties or the limitation
of indirect, special, incidental, or consequential damages, so the above exclusions or limitations
may not apply to you. INSULET CORPORATION’S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SUCH
LIMITATIONS SHALL INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER THE LAW
OF A PARTICULAR JURISDICTION ARE LIMITED, TO THE EXTENT ALLOWED
BY LAW, TO THE TIME PERIOD COVERED BY THE ABOVE LIMITED EXPRESS
WARRANTY, OR TO THE APPLICABLE TIME PERIOD PROVIDED BY LAW,
WHICHEVER PERIOD IS SHORTER.
No Other Warranty or Agreement
Unless modied in writing and signed by both Insulet and you, the foregoing Limited
Express Warranty is understood to be the complete and exclusive understanding between
Insulet and you, superseding all prior warranties and agreements, oral or written, and all
other communications relating to any defect in, failure or other malfunction in a Controller,
a Pod, or an Omnipod 5 Automated Insulin Delivery System. No employee, agent or other
representative of Insulet or any other party is authorized to make any product warranty or
agreement applicable to a Controller, a Pod, or an Omnipod 5 Automated Insulin Delivery
System in addition to those made in the foregoing..
Consent to Disclaimer of Implied Warranties and the Limitation of Remedies
If you do not consent to and instead wish to reject the Disclaimer of Implied Warranties and
the Limitation of Remedies included with the Omnipod 5 Automated Insulin Delivery System,
please return any Omnipod 5 Automated Insulin Delivery System products (including any
Controller and Pods) to Insulet in exchange for a full refund. Failure to return such Omnipod
5 Automated Insulin Delivery System products shall constitute acknowledgement of and
consent to the Disclaimer of Implied Warranties and the Limitation of Remedies.
Rev: January 2021
Effective Date: 22DEC2020, PCO-000267