Appendix F Warranty 159
USG-CUS-059 Rev05MassARRAY® Nanodispenser RS1000 v2.1 User Guide
For Research Use Only. Not for use in diagnostic procedures.
MASSARRAY SYSTEM OR ANY HARDWARE, SOFTWARE, CONSUMABLES,
COMPONENTS, AND DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
LIMITED LIABILITY IN NO EVENT SHALL AGENA OR ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY
THIRD PARTY FOR LOST PROFITS, DATA OR BUSINESS, THE COSTS OF
PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OF THE
MASSARRAY SYSTEM AND ANY HARDWARE, SOFTWARE, CONSUMABLES,
COMPONENTS, AND DOCUMENTATION PROVIDED TO CUSTOMER BY AGENA,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE). AGENA’s TOTAL AND CUMULATIVE LIABILITY ARISING UNDER OR
IN CONNECTION WITH CUSTOMER’S USE OF THE MASSARRAY SYSTEM AND ANY
HARDWARE, SOFTWARE, CONSUMABLES, COMPONENTS, AND DOCUMENTATION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, SHALL BE LIMITED AND SHALL NOT EXCEED THE AMOUNT
RECEIVED BY AGENA FROM CUSTOMER PURSUANT TO PURCHASE ORDER AND
INVOICE OR WRITTEN CONTRACT WITH CUSTOMER. THE LIMITATIONS SET
FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF FORESEEABILITY AND
EVEN IF AGENA OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSSES, COSTS, OR DAMAGES. THE FOREGOING SHALL APPLY
REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
FRM-CUS-018 Rev03
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