Omnipod 5 Limited Express Warranty Coverage

LIMITED EXPRESS WARRANTY COVERAGE

Limited Warranty Coverage for the Omnipod® 5 Automated Insulin Delivery System Handheld Controller (“Controller”)

Subject to the terms and conditions stated herein (“Limited Express Warranty”), the Insulet entity that either (i) provided this Controller to you or (ii) made this Controller available in the country in which you received it (each referred to as “Insulet”) warrants to you, the original recipient of the Omnipod® 5 Automated Insulin Delivery System (“Omnipod System”), that, if Insulet determines, during the period of either four (4) years (for all countries except for Canada) or five (5) years (for Canada) from the date of purchase (or receipt where purchased on your behalf), that the Controller included in your shipment manifests a defect in material or workmanship while utilized under normal use and conditions, Insulet will either repair or replace, at its sole option, the Controller. If Insulet chooses to repair the Controller, Insulet may choose to do so by implementing a software update, including an over-the-air software update, without further notice to the original purchaser. If Insulet chooses to replace the Controller, Insulet may choose to do so by replacing the Controller with an updated Controller.

The applicable warranty period applies only to new Controllers and, in the event the Controller is repaired or replaced, the warranty period shall not be extended or reset. Thus, if Insulet replaces a Controller under this Limited Express Warranty, the warranty coverage for the replacement Controller shall expire four (4) (for all countries except for Canada) or five (5) years (for Canada) years from the date of purchase of the original Controller.

Limited Warranty Coverage for the Omnipod® 5 Automated Insulin Delivery System Pods

Subject to this Limited Express Warranty, Insulet warrants to you, the original purchaser of the Omnipod® 5 Automated Insulin Delivery System, that, if Insulet determines, during the period of eighteen (18) months from the date of manufacture and seventy-two (72) hours from the time of activation, that an unexpired Omnipod® 5 Automated Insulin Delivery System Pod (“Pod”) included in your shipment manifests a defect in material or workmanship while utilized under normal use and conditions, Insulet will replace the Pod. To be eligible for replacement, the activation of the Pod must fall within both time periods (i.e. occur on or before the expiration date printed on the label with a manufacture date no more than eighteen (18) months before and on or before a time no more than seventy-two (72) hours before you notify Insulet of the claim). 
This eighteen (18) month and seventy-two (72) hour warranty period applies only to new Pods and, in the event a Pod is replaced, the warranty period shall not be extended or reset. Thus, if Insulet replaces a Pod under this Limited Express Warranty, the warranty coverage for the replacement Pod shall expire either eighteen (18) months from the manufacture date of the original Pod or seventy-two (72) hours from the time of activation of the original Pod, whichever occurs first.

LIMITED EXPRESS WARRANTY TERMS AND CONDITIONS

This Limited Express Warranty applies only to Controllers and Pods that were originally sold for use in the country in which you purchased or received the applicable product (the “Territory”). Insulet will only ship repaired or replaced Controllers and Pods and provide warranty services within the Territory.

Claim Procedure

To be eligible to claim under this Limited Express Warranty, you must notify Insulet of the claimed defect with the Controller or the Pod within the applicable warranty period by calling the applicable Insulet Customer Care number found on our website or in the product User Guide. For a claim involving the Controller, you must provide the Controller serial number and a description of the claimed defect. For a claim involving a Pod, you must provide the Pod lot number and a description of the claimed defect.  You may also be required to verify the date of purchase (or receipt where purchased on your behalf) of the Controller and/or the Pod and the time that you activated the Pod.

Your failure to follow any of the above steps may result in the denial of coverage under this Limited Express Warranty.

Unless Insulet elects to repair the Pod or the Controller (which may include, but is not limited to, a repair kit or replacement part(s) Insulet provides) or refers you to a third-party repairer, you must obtain Insulet's authorization prior to returning the Pod or the Controller to Insulet. The Pod or Controller must be properly packaged and returned to Insulet according to the instructions provided in the Return Merchandise Authorization (RMA) Kit, which will be sent to you by Insulet. With a prior authorization, Insulet will pay all reasonable packaging and postage charges, where applicable, incurred in shipping the Pod or the Controller to Insulet under this Limited Express Warranty. For the avoidance of doubt, this Limited Express Warranty does not cover repairs performed or replacements provided by any person or entity other than Insulet, except those performed or provided by third parties to which you were explicitly referred by Insulet.

Proof of Purchase

In order to verify the date of purchase (or receipt where purchased on your behalf), the date of manufacture, or the time of activation and to determine if the claim under this Limited Express Warranty is within the applicable warranty periods, Insulet may require that you provide a valid proof of purchase, manufacture or activation. Your failure to provide a valid proof of purchase, manufacture or activation, as determined by Insulet, may result in the denial of coverage under this Limited Express Warranty.

Exclusions

This Limited Express Warranty covers only the original purchaser and cannot be transferred or assigned with the sale, rental or other transfer of the Controller or of the Pod to any other person or entity.

This Limited Express Warranty will apply only if the Controller or the Pod at issue has been used in accordance with the Omnipod® 5 Automated Insulin Delivery System User Guide and/or other written instructions provided by Insulet. THIS LIMITED EXPRESS WARRANTY DOES NOT APPLY IF THE CONTROLLER OR THE POD HAVE BEEN:

• Altered, changed or modified by any person or entity other than Insulet;
• Opened, serviced or repaired by any person or entity other than Insulet;
• Damaged by an act of God or other “force majeure” like event;
• Damaged by misuse, abuse, negligence, accident, unreasonable use, or improper handling, care or storage;
• Damaged by wear and tear, causes unrelated to defective materials or workmanship (including without limited unsuitable or faulty batteries or sim cards) or other circumstances outside of the reasonable control of Insulet.

This Limited Express Warranty does not apply to sim cards, test strips, batteries that are not provided by Insulet, other accessories, or related products provided by third parties (e.g., data management tools, CGMs).

This Limited Express Warranty does not extend to design defects (i.e. claims that the Controller or the Pod should have been designed in a different way).

DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES

To the extent permitted by law in the country you purchased or received the Controller and Pods:

• This Limited Express Warranty and the remedies set out in it are the only warranties and remedies provided by Insulet to you in relation to the Controller and the Pods and all other statutory and implied warranties are expressly excluded to the maximum extent permitted.
• Insulet, its suppliers, distributors, service providers, and/or agents will not be liable for indirect, special, incidental or consequential damages caused by a defect in the Controller or a Pod or by a breach of this Limited Express Warranty, whether such claim is based in warranty, contract, tort or otherwise. 

Nothing in this Limited Express Warranty is intended to exclude our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation, or for breach of your statutory rights in relation to the Controller or Pods.

Important Additional Provisions

This Limited Express Warranty gives you specific legal rights. You may also have other statutory rights which vary by jurisdiction.

Your statutory rights are not affected by this Limited Express Warranty.

Insulet does not warrant the suitability of the Controller or the Pods or the Omnipod® System for any specific person as health care and treatment are complex subjects requiring the services of qualified health care providers.

This Limited Express Warranty is between you and Insulet. No other party has any rights to enforce any of its terms. Insulet may transfer its rights and obligations under this Limited Express Warranty to another party without your consent.

If any provision of this Limited Express Warranty is found to be invalid by any court that provision will be deemed to be deleted from this Limited Express Warranty and the validity of the remaining provisions will not be affected.

No Other Warranty or Agreement

Unless modified 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.

Governing Law and Jurisdiction

This Limited Express Warranty (and any non-contractual obligations arising out or in connection with it) is governed by the laws of the country in which you initially purchased or received the Controller or Pods. Any court of competent jurisdiction in such country will have exclusive jurisdiction and venue for any dispute arising out of or in connection with this Limited Express Warranty.

Rev:  January 2022