Product Safety, User Responsibilities & Limitation of Liability

CRITICAL MEDICAL POWER WARNING

LOSS OF BATTERY POWER WILL CAUSE THE CONNECTED CPAP, APAP, BiPAP, OR OTHER PAP DEVICE TO STOP OPERATING.

EXP PRO batteries are portable power products and are not life-support systems, medical alarms, or guaranteed uninterrupted power supplies. Battery operation and runtime may be affected by the connected device, therapy pressure, humidifier and heated-tubing settings, battery charge level, battery age, temperature, connection quality, accessories, and other operating conditions.

A battery may become depleted, disconnect, enter a protective shutdown, develop a fault, or otherwise stop supplying power. If power is interrupted, the connected PAP device may stop delivering prescribed therapy until power is restored. Depending on the user’s medical condition, loss or interruption of therapy may result in serious injury or death.

DO NOT rely on an EXP PRO battery as the sole source of power when interruption of therapy could create a risk of serious injury or death.

Before sleeping while powered by an EXP PRO battery, the user must:

1. Confirm that the battery is fully charged or has sufficient remaining capacity for the expected period of use, with an appropriate safety margin.
2. Confirm that all cables and connections are secure and that the PAP device is operating normally.
3. Account for the increased power consumption caused by humidification, heated tubing, higher pressure settings, leaks, and attached accessories.
4. Maintain an appropriate backup-power and emergency plan based on the user’s medical needs.
5. Follow the instructions of the user’s physician, PAP-device manufacturer, home medical-equipment provider, and other healthcare professionals.

Anyone who is ventilator-dependent, cannot safely tolerate an interruption in respiratory therapy, or has been instructed to maintain uninterrupted therapy must consult their physician and medical-equipment provider before using this product and must use an appropriate medically approved backup-power, alarm, monitoring, and emergency system. An EXP PRO battery is not a substitute for such a system.

Runtime estimates are provided for general informational purposes only. They are estimates, not guarantees of minimum runtime or uninterrupted therapy.

ASSUMPTION OF RESPONSIBILITY AND LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, the user assumes responsibility for establishing whether an EXP PRO battery is appropriate for the user’s particular equipment, medical needs, travel plans, sleeping environment, and required level of power redundancy.

To the fullest extent permitted by applicable law, Western Medical, Inc., doing business as EXP PRO, and its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for injury, death, property damage, loss of therapy, medical expenses, consequential damages, or other loss to the extent caused by:

• Reliance on the battery as the sole or guaranteed source of medical-device power contrary to the warnings above;
• Failure to maintain adequate battery charge, reserve capacity, redundant power, monitoring, alarms, or an emergency plan;
• Reliance on estimated runtimes as guaranteed runtimes;
• Failure to account for the power consumption of the connected device, humidifier, heated tubing, pressure settings, accessories, or operating conditions;
• Loose, damaged, incorrect, or incompatible cables, adapters, connections, or equipment;
• Use outside the product’s stated ratings, specifications, or intended purpose;
• Failure to follow instructions or warnings provided by EXP PRO, the PAP-device manufacturer, a physician, or another healthcare provider; or
• Misuse, improper charging, improper storage, unauthorized modification, disassembly, or damage to the product.

Nothing in this provision excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from a legally actionable product defect, legally inadequate warning or instruction, applicable written-warranty obligations, gross negligence, willful misconduct, or intentional wrongdoing.

SEVERABILITY

If any portion of this provision is determined to be invalid or unenforceable, that portion shall be enforced to the maximum extent permitted by applicable law or, where permitted, modified only to the minimum extent necessary to make it enforceable. The remaining portions shall remain in effect.

 

Safe Use of Lithium Batteries

• Avoid short circuits.
  
• In case of you must use a type D,foam,
  extinguisher.
  
• Do not charge the battery if the charge cord or battery has
  obvious damage or if the battery appears to be bulging. A
  bulging battery is a potential sign of damaged lithium cells.
  
• Handle with as much care as possible to avoid dropping the
  battery. This can damage the lithium cells, or more likely the
  BMS, causing malfunction.
  
• Prolonged use in direct sunlight can damage the battery. This is
  hard on the BMS electrical components and the lithium cells.
  
• Do not place the product in a high temperature environment or
  
• Do not put the product into liquid substances, or the power
  supply will be short-circuited.
  
• Do not use hard objects or sharp tools to knock or puncture this
  product.
  
• Do not attempt to disassemble and destroy the product
  structure or other improper operations.
  
• Keep all output ports covered when not in use.
  
• If any abnormality is found in the product, such as peculiar smell
  or shell deformation, seems abnormally warm or leaking stop
  using immediately.
  
• Do not let children touch or play with the product.
  
• Do not use all output ports at the same time. Full loading leads
  to high temperature and can damage the BMS or the battery
  cells.
  
• Avoid submersion of the battery.
• EXP48PRO APEX and EXP96PRO APEX have:
  IP65 rating which means Ingress Protection of 6 and 5:
  6 - Totally protected against dust
  5 - Protected against low-pressure jets of water from all
  directions, limited ingress permitted.

 

IMPORTANT — USER RESPONSIBILITY, ASSUMPTION OF RISK, AND LIMITATION OF LIABILITY

Read and follow all instructions and warnings before using, charging, transporting, or storing this product. This lithium iron phosphate battery stores substantial electrical energy. Improper use—including short-circuiting, puncturing, crushing, disassembly, unauthorized modification, exposure to excessive heat or moisture, charging a damaged battery, using an incompatible charger or cable, or operating the product outside its published ratings—may result in overheating, fire, electric shock, property damage, serious personal injury, or death.

To the fullest extent permitted by applicable law, the user assumes responsibility for any loss, injury, or damage to the extent caused by:

1. Failure to follow the instructions or warnings provided with the product;
2. Misuse, abuse, improper charging, improper transportation, or improper storage;
3. Unauthorized modification, disassembly, repair, or alteration;
4. Use with incompatible, damaged, or improperly connected equipment; or
5. Use outside the product’s published specifications, ratings, or intended purpose.

To the fullest extent permitted by applicable law, the user releases and holds harmless Western Medical, Inc., doing business as EXP PRO, and its officers, directors, employees, agents, affiliates, successors, and assigns from claims, losses, or damages to the extent caused by the conduct described above.

Nothing in this provision excludes or limits any liability or consumer right that cannot lawfully be excluded or limited, including liability arising from a product defect, legally inadequate warnings or instructions, breach of an applicable written warranty, gross negligence, willful misconduct, or intentional wrongdoing. This provision does not modify the terms of the EXP PRO Limited Warranty

 

Severability. If any portion of this provision is determined to be invalid or unenforceable under applicable law, that portion shall be enforced to the maximum extent permitted by law or, where permitted, modified only to the minimum extent necessary to make it enforceable. The remaining portions shall remain in full force and effect.