16 | Warranty
General Purpose Refrigerators and Freezers
Warranty
This Thermo Scientific product is warranted to be free of defects in materials and workmanship for one (1) year from the first to
occur of (i) the date the product is sold by the manufacturer or (ii) the date the product is purchased by the original retail
customer (the “Commencement Date”). Except as expressly stated above, the MANUFACTURER MAKES NO OTHER
WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF DESIGN, MERCHANT ABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
An authorized representative of the manufacturer must perform all warranty inspections. In the event of a defect covered by the
warranty, we shall, as our sole obligation and exclusive remedy, provide free replacement parts to remedy the defective
product. In addition, for products sold within the continental United States or Canada, the manufacturer shall provide free labor
to repair the products with the replacement parts, but only for a period of ninety (90) days from the Commencement Date.
The warranty provided hereunder shall be null and void and without further force or effect if there is any (i) repair made to the
product by a party other than the manufacturer or its duly authorized service representative, (ii) misuse (including use
inconsistent with written operating instructions for the product), mishandling, contamination, overheating, modification or
alteration of the product by any customer or third party or (iii) use of replacement parts that are obtained from a party who is not
an authorized dealer of Thermo Scientific products.
Heating elements, because of their susceptibility to overheating and contamination, must be returned to the factory and if, upon
inspection, it is concluded that failure is due to factors other than excessive high temperature or contamination, the
manufacturer will provide warranty replacement. As a condition to the return of any product, or any constituent part thereof, to
the factory, it shall be sent prepaid and a prior written authorization from the manufacturer assigning a Return Materials Number
to the product or part shall be obtained.
IN NO EVENT SHALL THE MANUFACTURER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS,
ANTICIPATED OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE OR PERFORMANCE OF ANY
PRODUCTS, WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY THEORY OF
STRICT LIABILITY OR REGULATORY ACTION.