BIO X6 User Manual v. 1.0 149
Any delivery from Buyer to CELLINK, e.g., of Products returned for repair or calibration
(whether under warranty terms or not), shall be delivered DAP - Delivered at Place
(Incoterms 2010).
CELLINK reserves the right to make partial deliveries. Unless otherwise agreed, invoices will
be adjusted pro rata. For the purpose of these terms any partial delivery will be regarded as
filling a specific order.
11.1.5 Product liability
CELLINK is not liable for any damage caused by the Product to any movable or immovable
property or the consequences of such damage, which occurs after the Product is delivered to
the Buyer. The Buyer shall indemnify and hold CELLINK harmless to the extent that
CELLINK incurs liability towards any third party in respect of loss or damage for which
CELLINK is not liable in relation to the Buyer following Section 5.1.9 For the avoidance of
doubt, the Buyer shall have a liability to recourse all costs inflicted on CELLINK, due to any
such claims.
Subject to the limitations stated above, CELLINK is liable for claims made by a consumer, in
accordance with mandatory law for personal injury or damage to property caused by the
Product.
If a claim for damage as described in this section is lodged by a third party against one of the
Parties, the latter Party shall forthwith inform the other Party thereof in writing.
writing of such claim in accordance with above and given authority to settle the claim or
control the defense of any suit and proceeding.
If in the event that a Product or parts thereof becomes subject to a recall decided by
CELLINK, the Buyer shall participate and assist in such a process in accordance with
s entitled to compensation for its reasonable direct and
documented costs occurred in relation to the provision of such assistance.
has been guilty of negligence.
Both Parties shall keep and maintain product liability insurance in accordance with customary
conditions.
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