2022/23 Pocket Nurse® EMS Education and Simulation Supply Catalog

Terms & Conditions

SIMULATION APPLICATION: For educational use only. Not for clinical or diagnostic use. To be used only with direct supervision
of a qualified instructor specifically educated in the skill of using this product. Pocket Nurse is not liable if this product is used for any
means other than its intended use or any use that is not directly supervised by such a qualified individual. It is a violation of federal
law to use this product in a manner inconsistent with its labeling.

Pocket Nurse is in the business of selling products for education purposes only. Because we sell only educational products, we cannot
promote the use of the products for actual human or animal use. However, the products shipped are sterile and if you choose to follow
manufacturer usage indications, Pocket Nurse bears no assumption of risk and any consequences of that usage shall be directed only
to the manufacturer.

WARRANTY: Pocket Nurse Inc. warrants the workmanship and material of Pocket Nurse branded/manufactured products for a
period of One (1) Year from original date of purchase. Upon return of the product within the specified warranty period, we reserve
the right to repair or replace at our option, any part or parts of a product or accessory covered under this warranty. For repair or
replacement of a defective product contact Pocket Nurse Quality Control Department directly. This warranty does not apply to any
repair or replacement required due to misuse, abuse, improper storage or handling, normal wear and tear, repairs attempted or
made by other than our authorized representative, or damage to product, whether to the finish, spoilage, breakage or otherwise,
after product leaves point of origin. Items repaired or replaced under warranty are warranted only for the remainder of the original
warranty period. This warranty excludes any products with an expiration date and does not extend any included manufacturer’s
warranty. THE WARRANTY SET FORTH UNDER THIS SECTION IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER
WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE
OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL POCKET
NURSE, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, including but not
limited to loss of profit or revenues, damage for loss of use of the Products, damage to property, claims of third parties, including
personal injury or death on account of use of the Products or failure of Pocket Nurse to warn against or instruct on, or adequately
warn against or instruct on, the dangers of the Products or the safe and proper use of the Products, whether or not Pocket Nurse has
been advised of the potential for such damages. Pocket Nurse’s total liability hereunder from any cause whatsoever (except liability
from personal injury caused by Pocket Nurse’s negligence), whether arising under contract, warranty, tort (including negligence), strict
liability, products liability or any other theory of liability, will be limited to the lesser of Buyer’s actual damages or the price paid to
Pocket Nurse for the Products that are the subject of Buyer’s claim. All claims against Pocket Nurse must be brought within one year
after the cause of action arises, and Buyer expressly waives any longer statute of limitations. Some states do not allow limitations on
the length of an implied warranty or the exclusion or limitation of incidental or consequential damages. As such, the above limitation
or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary
from state to state.

INDEMNITY: Buyer agrees to indemnify and hold harmless Pocket Nurse and any of its officers, directors, parent, subsidiary or
affiliated companies from any and all claims, losses, damages, charges, expenses (including any and all reasonable expenses involving
attorney’s fees and product recall) arising out of any negligent actions of Buyer including but not limited to the maintenance, repair
or alteration of any product. All products are sold for instructional use only and are not for general consumer, personal, direct or
indirect human or animal use. Buyer agrees that Buyer will use the products for their intended instructional purposes only, and in a
safe and legal manner consistent with all applicable state and federal laws; Buyer acknowledges that to use them otherwise is outside
the scope and purpose for which they are intended. Buyer shall indemnify, defend and hold harmless Pocket Nurse from and against
any liability, claims, losses, damages or expenses which may be suffered by or made against Buyer arising directly or indirectly from
any non-instructional use of any product delivered to Buyer by Pocket Nurse pursuant to this Invoice. Buyer shall indemnify, defend
and hold harmless Pocket Nurse from and against any and all, claim, loss, cost, damage and expense arising directly or indirectly
out of or relating in any way to the use, possession, maintenance, operation or storage of the products delivered to Buyer by Pocket
Nurse pursuant to this Invoice, even if that liability, claim, loss, cost, damage, or expense is based on or claimed to be based on the
negligent acts or omission of Pocket Nurse. Pocket Nurse shall not be liable for any consequential, incidental or contingent damages
whatsoever.

GOVERNING LAW: These terms and conditions are governed by the laws of the Commonwealth of Pennsylvania, U.S.A.
(without regard to its conflicts of laws). Customer hereby consents to the jurisdiction of the federal and state courts located in the
Commonwealth of Pennsylvania in connection with any dispute that may arise hereunder, and Customer herby waives any objections it
may have to the jurisdiction or venue of the Pennsylvania courts.

For instructional use only. Not for human or animal use.. 199

Shipping & Handling Scale

Shipping and Order Total..........S&H
Handling Scale

Please Note:

• Business days do not include
weekends or holidays

• Shipping scale is for the
contiguous 48 states

• Call for shipping charges
outside contiguous 48 states

1 Day 2 Days 3 Days 4 Days 5 Days 6 Days 7 Days

200 For instructional use only. Not for human or animal use..