(e) Any Product that has either been repaired or replaced under this warranty shall have warranty coverage (parts only) for the longer of
ninety (90) days or the remaining original warranty period. Replacement parts used in the repair of Products may be new or equivalent to
new.
(f) EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, LI-COR MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, WITH RESPECT TO ANY PRODUCTS OR OTHER PRODUCTS PROVIDED IN CONNECTION WITH THESE
CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.
(g) Notwithstanding anything herein to the contrary, LI-COR makes no warranty with respect to any third party products provided under
these Conditions. Buyer’s sole remedy with respect to such third party products shall be pursuant to the original manufacturer’s or licensor’s
warranty, if any, to Buyer, to the extent permitted by the original manufacturer or licensor.
13. Limitation of Liability. IN NO EVENT SHALL LI-COR, ITS LICENSORS OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD
PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA OR BUSINESS, OR FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH THE USE OF THE PRODUCTS OR THESE CONDITIONS, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY OR
OTHERWISE). LI-COR TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS
PURCHASED BY BUYER HEREUNDER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR SUCH
PRODUCTS. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF LI-COR OR ITS SUPPLIERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY.
14. Authorized Use of Biotechnology Products. Unless otherwise expressly indicated in LI-COR catalogues, LI-COR website or on the label or
other documentation accompanying Biotechnology Products, the LI-COR Biotechnology Products are intended for RESEARCH USE ONLY and
are not to be used for any other purposes including, but not limited to, unauthorized commercial purposes, in vitro diagnostic purposes, ex vivo
or in vivo therapeutic purposes, investigational use, in foods, drugs, devices or cosmetics of any kind, or for consumption by or use in connection
with or administration or application to humans or animals. Buyer acknowledges that the Biotechnology Products have not necessarily been
tested for safety or efficacy, unless expressly stated in LI-COR catalogs or on the label or other documentation accompanying the Biotechnology
Products.
15. Authorized Use of Biotechnology Products. Unless otherwise expressly indicated in LI-COR catalogues, LI-COR website or on the label or
other documentation accompanying Biotechnology Products, the LI-COR Biotechnology Products are intended for RESEARCH USE ONLY and
are not to be used for any other purposes including, but not limited to, unauthorized commercial purposes, in vitro diagnostic purposes, ex vivo
or in vivo therapeutic purposes, investigational use, in foods, drugs, devices or cosmetics of any kind, or for consumption by or use in connection
with or administration or application to humans or animals. Buyer acknowledges that the Biotechnology Products have not necessarily been
tested for safety or efficacy, unless expressly stated in LI-COR catalogs or on the label or other documentation accompanying the Biotechnology
Products.
16. Severability. If any portion of these Conditions is held invalid, the parties agree that such invalidity shall not affect the validity of the remain-
ing portions of these Conditions.
17. Export Control. Buyer acknowledges and agrees that the Products purchased under these Conditions may be subject to restrictions and con-
trols imposed by the United States Government and the regulations thereunder. BUYER WARRANTS THAT IT WILL NOT EXPORT OR RE-
EXPORT ANY PRODUCTS PURCHASED WITHOUT PRIOR WRITTEN NOTIFICATION AND APPROVAL OF LI-COR.
18. Assignment. Buyer shall not assign or transfer these Conditions or any rights or obligations under these Conditions, whether voluntary or by
operation of law, without the prior written consent of LI-COR. LI-COR may assign or transfer these Conditions to any successor by way of mer-
ger, acquisition or sale of all or substantially all of the assets relating to these Conditions. LI-COR or any successor may assign all or part of the
right to payments under these Conditions. Any assignment or transfer of these Conditions made in contravention of the terms hereof shall be
null and void. Subject to the foregoing, these Conditions shall be binding on and inure to the benefit of the parties’ respective successors and per-
mitted assigns.
19. Entire Agreement. These Conditions of Sale take precedence over Buyer’s additional or different terms and conditions, to which notice of
objection is hereby given. Acceptance by Buyer is limited to LI-COR Conditions of Sale. Neither LI-COR commencement of performance nor
delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. These Conditions supersede all prior
communications, transactions, and understandings, whether oral or written, and constitute the sole and entire agreement between the parties
Standard Terms and Conditions
A-3Standard Terms and Conditions
To Next Page
Loading...