Appendix F Warranty158
USG-CUS-059 Rev05MassARRAY® Nanodispenser RS1000 v2.1 User Guide
For Research Use Only. Not for use in diagnostic procedures.
disassembled, or moved from its original installation location, by persons other than
AGENA or an AGENA authorized service provider; (v) has not been maintained,
calibrated, operated or installed in accordance with AGENA’s written specifications
including operator failure to perform standard operating procedures and routine
maintenance as prescribed in the user guides; (vi) has been subjected to abuse, misuse,
negligence, neglect, accident, or improper storage, installation, operation, or handling
contrary to AGENA’s written specifications or any instructions provided by AGENA; (vii)
has failed or been damaged due to environmental conditions at the site of installation
including exposure to Bio- Safety Level 3 or 4 (as defined by the United States
Occupational Health and Safety Administration) agents; exposure to radioactivity; or the
use of or invasion by malicious software programs such as viruses; or (viii) has failed or
been damaged due to causes beyond its reasonable control, including, but not limited to,
acts of civil or military authority, riots, wars, terrorism, fires, floods, earthquakes, lightning,
storms, and other acts of God.
Remedy. If during the Warranty Period AGENA is provided with prompt written notice by
Customer of any product failure along with a detailed written description of the failure,
then upon AGENA’s inspection and testing as may be necessary to confirm the failure
and upon its determination that none of the warranty exclusions above are applicable,
AGENA shall at its sole discretion and option, as Customer’s sole remedy and AGENA’s
sole obligation under the foregoing warranty: (1) replace the products in whole or
components thereof; or (2) repair (and recalibrate as necessitated by repair) the products.
Replacement and repaired products and components may include functionally
equivalent, reconditioned, refurbished, or new parts. For consumables, provided that
AGENA has confirmed the failure and determined that none of the warranty exclusions
above are applicable, AGENA reserves the right at its sole discretion to either replace the
consumables or to provide Customer with credit for the purchase price paid only,
prorated for the unusable portion of the consumables, to be used to offset future
purchases. No refunds will be made. Depending upon the type of failure as determined
by AGENA, if AGENA needs access to Customer’s facility, Customer shall provide AGENA
with access to its facility and information deemed necessary to facilitate a repair, or if
directed by AGENA, Customer shall return the products, in whole or in part, at AGENA’s
expense per AGENA’s specific instructions provided at the time, or if no specific
instructions are provided at the time, in accordance with AGENA’s then current written
return procedures (which may be amended from time to time). Prior to any service visit,
Customer must notify AGENA in writing of any decontamination of the MassARRAY
System or any product that has been exposed to toxic or dangerous substances. No
products or components may be returned to AGENA under any circumstances without
AGENA's prior authorization. During service performed at Customer’s facility, Customer
must have a Customer representative on-site at all times. Any product or component that
has been repaired or replaced under the warranty shall have warranty coverage for the
remainder of the original Warranty Period.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH HEREIN, AGENA MAKES
NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED, OR BY STATUTE,
WITH RESPECT TO THE MASSARRAY SYSTEM, OR ANY HARDWARE, SOFTWARE,
CONSUMABLES, COMPONENTS, AND DOCUMENTATION REGARDING ANY OF THE
FOREGOING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
PATENT RIGHTS OR VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND,
OR ARISING FROM COURSE OF DEALING, PERFORMANCE, USAGE OR TRADE. FOR
THE AVOIDANCE OF DOUBT, AGENA DOES NOT WARRANT, GUARANTEE, OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE, OF THE
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