DISCLAIMER OF WARRANTY.
This mask is not an FDA-approved medical device or certified PPE (personal protective equipment). Variant Malibu makes no warranties, either express or implied, that this mask prevents infection or the transmission of viruses or diseases. This mask is not a substitute for professional medical advice, diagnosis or treatment. If you have questions about any medical matter, consult a doctor or other healthcare provider.
Variant Malibu IS SELLING ITS PRODUCTS “AS IS,” AND Variant Malibu EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE, CORRESPONDENCE WITH DESCRIPTION OR QUALITY, TITLE, QUIET POSSESSION, AND NON-INFRINGEMENT. Variant Malibu MAKES NO WARRANTY THAT THE PRODUCTS WILL: (A) MEET A BUYER’S REQUIREMENTS OR INTENDED PURPOSES OR USES; (B) PREVENT THE SPREAD OR INCURRENCE OF ANY ILLNESS, VIRUS, OR BACTERIA; (C) NOT BE, OR MADE FROM PARTS THAT ARE, USED, REMANUFACTURED, RECYCLED, OR RECONDITIONED; (D) BE FIT FOR THE PURPOSE(S) AND INDICATIONS DESCRIBED IN THE APPLICABLE PRODUCT LABELING, PACKAGING, ADVERTISING, OR MARKETING; (E) PERFORM IN ACCORDANCE WITH Variant Malibu’s PUBLISHED SPECIFICATIONS; (F) BE FREE FROM DEFECTS, WHETHER PATENT OR LATENT, IN DESIGN, MATERIALS OR WORKMANSHIP; (G) INCLUDE ANY PACKAGING, LABELING, MARKINGS, OR INSERTS THAT CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE INDUSTRY STANDARDS, ANY FEDERAL, STATE AND LOCAL LAWS, REGULATIONS OR ORDINANCES, INCLUDING, WITHOUT LIMITATION FDA, RULES, REGULATIONS, GUIDELINES, OR ANY REQUIRED APPROVALS AND REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, ANY REQUIREMENTS FOR EQUIPMENT USED IN ANY OPERATING ROOMS, LOCATIONS WITH ANESTHETIZING EQUIPMENT, OR LOCATIONS WHERE FLAMMABLE ANESTHETICS MAY BE USED; (H) CARRY ANY SAFETY MARK REQUIRED BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION; (I) BE LISTED OR CLASSIFIED WITH UNDERWRITERS LABORATORY OR ANY NATIONALLY RECOGNIZED TESTING LABORATORY AS SUITABLE FOR USE IN ANY HEALTHCARE FACILITY; (J) INCLUDE ANY OPERATION OR USER MANUALS; (K) CONTAIN ANY WARNINGS, CAUTIONS, OR LEVELS OF CARE TO BE TAKEN BY ANY USERS OF THE PRODUCTS; (L) INCLUDE ANY DIRECTIONS FOR SAFE USAGE OF THE PRODUCTS; (M) NOT BE CONTAMINATED WITH ANY ILLNESS, VIRUS, OR BACTERIA UPON SHIPMENT OR DELIVERY; OR (N) BE FREE OF ANY LATEX, POLYVINYL CHLORIDE (PVC), DI-ETHYLHEXYL PHTHALATE (DEHP), HALOGENATED ORGANICS, PERSISTENT BIOACCUMULATIVE TOXIN (PBTS), OR CARCINOGENS AND REPRODUCTIVE TOXIN FREE (CA PROP 65). A BUYER ACCEPTS THAT THE PRODUCTS ARE A PHYSICAL BARRIER ONLY AND DO NOT PROVIDE PROTECTION AGAINST ANY AIRBORNE ILLNESSES, VIRUSES, OR BACTERIA. BUYER ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION, USE, MISUSE, MAINTENANCE, REPAIRS, AND ALTERATIONS OF THE PRODUCTS.
