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Heuresis Pb200i - Warranty

Heuresis Pb200i
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47
Warranty
Seller warrants that the Products will operate or perform substantially in conformance with Seller's published
specifications and be free from defects in material and workmanship, when subjected to normal, proper and
intended usage by properly trained personnel, for the period of time set forth in the product documentation,
published specifications or package inserts. If a period of time is not specified in Seller’s product
documentation, published specifications or package inserts, the warranty period shall be one (1) year from
the date of shipment to Buyer in the country of purchase. Any part replaced on an instrument, covered by
the original factory warranty, will be warranted for the remainder of the instrument’s factory warranty. Seller
agrees during the Warranty Period, to repair or replace, at Seller's option, defective Products so as to cause
the same to operate in substantial conformance with said published specifications; provided that Buyer shall
(a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product
model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s review, Seller
will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include
biohazard or other Radiation safety decontamination procedures and other product-specific handling
instructions, then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by
Buyer. Replacement parts may be new or refurbished, at the election of Seller, the warranty of these parts
expire with the instrument warranty. All replaced parts shall become the property of Seller. Shipment to
Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the
Seller’s Terms and Conditions of Sale. Accessories and Consumables are expressly excluded from this
warranty.
Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original
manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any
warranty rights in such Product that Seller may have from the original manufacturer or third party supplier,
to the extent such assignment is allowed by such original manufacturer or third party supplier.
In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole
or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii)
misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not
designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power
surges, (vi) improper storage and handling of the Products, (vii) use of the Products in combination with
equipment or software not supplied by Seller, (viii) Moderately heavy or excessive impact against any object,
including but not limited to floors, walls, furniture, sample or other objects, (ix) Excessive water, moisture or
condensing humidity that breaches the instrument seals, (x) Excessive or extreme ambient or direct
temperature or (xi) Heavy vibrations directly to the instrument for extended periods of time. If Seller
determines that Products for which Buyer has requested warranty services are not covered by the warranty
hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at
Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that
are not covered by this warranty, Buyer shall pay Seller therefore at Seller's then prevailing time and
materials rates.
ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER
TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT
SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL
IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS.
THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT
SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY
PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS AND INCLUDING WITHOUT LIMITATION
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES
NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Specific warranties of common accessories: