User Manual
Version 1.0 5
COMPANY HEREIN TO ANY OTHER PARTY OTHER THAN BUYER, INCLUDING BUT NOT
LIMITED TO, SUCCESSORS, HEIRS, SUBSIDIARIES OR ANY OTHER THIRD PERSON.
THE WARRANTIES IDENTIFIED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES
WITH RESPECT TO THIS PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED,
INCLUDING, WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A SPECIFIC PURPOSE OR USE (WHETHER
ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING,
OR USAGE OF TRADE). THIS WARRANTY IS NOT TRANSFERABLE FROM THE ORIGINAL
PURCHASER TO A SUBSEQUENT OWNER. FURTHER, THE COMPANY IS NOT LIABLE IN
CASES OF DELIBERATE, NEGLIGENT OR ACCIDENTAL MISUSE OF THE PRODUCTS,
USE WITH INAPPROPRIATE REAGENTS OR CONSUMABLES, DAMAGE CAUSED BY
DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE OTHER THAN THE
COMPANY. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL NOT
INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY EITHER ALONE
OR IN COMBINATION WITH OTHER PRODUCTS OR IN THE OPERATION OF ANY
PROCESS. THE COMPANY’S TOTAL LIABILITY FOR BREACH OF THESE WARRANTIES
SHALL BE LIMITED TO THE GROSS PURCHASE PRICE FOR THE PRODUCT AS STATED
IN THE RELEVANT INVOICE OR ORDER UNDER WHICH THE ACTIVITY GIVING RISE TO
LIABILITY ARISES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
(INCLUDING LOSS OF BUSINESS OR PROFITS) UNDER ANY THEORY OF LIABILITY
HEREUNDER.
For claims under the warranty please contact your local supplier. You may also send the
instrument directly to manufacturer, enclosing the invoice copy and by giving reasons for the
claim.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
LIABILITY OF THE COMPANY UNDER THESE TERMS AND CONDITIONS (WHETHER BY
REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT
EXCLUDING LIABILITY OF THE COMPANY FOR BREACH OF WARRANTY (THE SOLE
REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER THIS SECTION) SHALL NOT
EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE PRICE
THERETOFORE PAID BY BUYER TO THE COMPANY WITH RESPECT TO THE
PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE HUNDRED THOUSAND
DOLLARS ($100,000), WHICHEVER IS LESS.
With respect to any software products incorporated in or forming a part of the Product
hereunder Buyer intends and agrees that such software products are being licensed and not
sold, and that the words "purchase", "sell" or similar or derivative words are understood and
agreed to mean "license", and that the word "Buyer" or similar or derivative words are
understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained
herein, The COMPANY or its licensor, as the case may be, retains all rights and interest in
software products provided hereunder. See the Terms & Conditions of purchase for details
regarding such license.
