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DEALING, OR USAGE OF TRADE). THIS WARRANTY IS NOT TRANSFERABLE FROM
THE ORIGINAL PURCHASER TO A SUBSEQUENT OWNER. FURTHER, THE COMPANY
IS NOT LIABLE IN CASES OF DELIBERATE, NEGLIGENT OR ACCIDENTAL MISUSE OF
THE PRODUCTS, USE WITH INAPPROPRIATE REAGENTS OR CONSUMABLES,
DAMAGE CAUSED BY DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE
OTHER THAN THE COMPANY. THE COMPANY DOES NOT WARRANT THAT THE
PRODUCT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR IN THE
OPERATION OF ANY PROCESS. THE COMPANY’S TOTAL LIABILITY FOR BREACH OF
THESE WARRANTIES SHALL BE LIMITED TO THE GROSS PURCHASE PRICE FOR
THE PRODUCT AS STATED IN THE RELEVANT INVOICE OR ORDER UNDER WHICH
THE ACTIVITY GIVING RISE TO LIABILITY ARISES. UNDER NO CIRCUMSTANCES
SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF BUSINESS OR PROFITS)
UNDER ANY THEORY OF LIABILITY HEREUNDER.
For claims under the warranty please contact your local supplier. You may also send the
instrument directly to manufacturer, enclosing the invoice copy and by giving reasons for the
claim.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
LIABILITY OF THE COMPANY UNDER THESE TERMS AND CONDITIONS (WHETHER
BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE,
BUT EXCLUDING LIABILITY OF THE COMPANY FOR BREACH OF WARRANTY (THE
SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER THIS SECTION) SHALL
NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE
PRICE THERETOFORE PAID BY BUYER TO THE COMPANY WITH RESPECT TO THE
PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) ONE HUNDRED THOUSAND
DOLLARS ($100,000), WHICHEVER IS LESS.
With respect to any software products incorporated in or forming a part of the Product
hereunder Buyer intends and agrees that such software products are being licensed and not
sold, and that the words "purchase", "sell" or similar or derivative words are understood and
agreed to mean "license", and that the word "Buyer" or similar or derivative words are
understood and agreed to mean "licensee". Notwithstanding anything to the contrary
contained herein, The COMPANY or its licensor, as the case may be, retains all rights and
interest in software products provided hereunder. See the Terms & Conditions of purchase
for details regarding such license.
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