Standard Terms and Conditions
7. Shipment and Packing. All Product prices exclude costs of shipping and handling and insurance, in accordance with delivery terms designated
by LI-COR. Unless otherwise agreed in writing, such costs will be paid by the Buyer and will appear as a separate item on LI-COR invoice.
LI-COR shall ship in accordance with LI-COR standard practices. Buyer may specify different shipping instructions, subject to agreement by
LI-COR. Unless otherwise agreed to in writing by LI-COR, all products shall be packaged, if appropriate, for shipment and storage in accordance
with standard commercial practices. All packing shall conform to carrier requirements.
8. Partial Shipments. Any Products delivered in partial shipments may be invoiced individually. Additional shipping and handling charges may
apply.
9. Title/Risk of Loss. All domestic shipments are made FOB per Uniform Commercial Code. All international shipments are made per
INCOTERMS 2000 designated by LI-COR. LI-COR title to the Products and the risk of loss of or damage to the Products ordered by the Buyer
will pass to Buyer at time of LI-COR delivery of Products to the carrier. The carrier shall be deemed Buyer’s agent, and any claims for damages in
shipment must be filed with the carrier. LI-COR is authorized to designate a carrier pursuant to LI-COR standard shipping practices unless oth-
erwise specified in writing by Buyer.
10. Intellectual Property Rights. Title to and ownership of the documentation, and any improved, updated, modified or additional parts thereof,
and all copyright, patent, trade secret, trademark and other intellectual property rights embodied in the Products, shall at all times remain the
property of LI-COR or LI-COR licensors.
11. Acceptance. All sales are final and all Products shall automatically be deemed accepted upon delivery to Buyer when goods are loaded on the
carrier at LI-COR premises in Lincoln, Nebraska, USA. Buyer may not return any Products to LI-COR except as provided for by LI-COR war-
ranty or as provided herein.
12. Product Warranties. Unless otherwise specified by LI-COR:
(a) LI-COR warrants that, for a period of twelve (12) months from the date of shipment of the Products from LI-COR (the “Warranty
Period”), unless otherwise specified for individual Products or extended by a Support Contract or Extended Warranty Contract, the Products
sold hereunder will be free from material defects in materials and workmanship and will conform to LI-COR published specifications in
effect as of the date of manufacture. LI-COR SPECIFICALLY DISCLAIMS ANY INDIRECT,SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OR LOST PROFITS) WHICH MAY RESULT FROM THE USE OF
PRODUCTS PURCHASED HEREUNDER, AS FURTHER SET FORTH IN SECTION 13 OF THESE CONDITIONS OF SALE. This limited
warranty extends only to Buyer as original purchaser unless otherwise agreed upon in writing by LI-COR.
(b) The foregoing warranty shall not apply if the defective Product (i) has been subjected to abuse, misuse, neglect, negligence, accident,
improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by LI-COR, (ii) has
been repaired or altered by persons other than LI-COR, (iii) has not been installed, operated, repaired and maintained in accordance with the
documentation or operated outside of the environmental specifications for the Product; (iv) has failed due an Act of God, including but not
limited to fire, flood, tornado, earthquake, hurricane or lightning or (v) has been used with any devices, accessories or products not man-
ufactured by or approved by LI-COR. In addition, the foregoing warranty shall not apply to Products (i) LI-COR Standard Terms and Condi-
tions of Sale – rev. 5/15/2009 marked or identified as “sample,” (ii) loaned or provided to Buyer at no cost, or (iii) which are sold “as is.”
c) If during the Warranty Period: (i) LI-COR is notified promptly in writing upon discovery of any defect in the Product, including a detailed
description of such alleged defect, (ii) such Product is returned, transportation charges prepaid, to LI-COR designated manufacturing facility
subject to the prior approval of LI-COR with a valid Return Material Authorization (“RMA”) number, and (iii) LI-COR inspections and tests
determine that the Product is indeed defective and the Product has not been subjected to any of the conditions set forth above, then, as
Buyer’s sole remedy and LI-COR sole obligation under the foregoing warranty, LI-COR will, at LI-COR option, repair or replace without
charge the defective Product. In no event will the Buyer itself nor will the Buyer allow any party other than LI-COR or a third party author-
ized in writing by LI-COR to perform any service on the Products.
(d) During the Warranty Period, LI-COR will provide on-site warranty repair for Odyssey® Infrared Imager, Aerius Automated Infrared
Imager, Pearl® Imager and/ or 4300 DNA Analyzer Products including travel costs, repair parts, and labor to maintain the hardware in
proper operating condition. At LI-COR discretion, the Buyer may be required to run certain diagnostic procedures to help determine the
source of the problem before on-site warranty repair is rendered. If an on-site service call is initiated, LI-COR will dispatch a service tech-
nician to the Buyer site. On-site service will be provided 8:00 a.m. to 5:00 p.m. (Buyer local time), Monday through Friday, excluding LI-COR
holidays. The cost of a repair/service call for an instrument malfunction caused by third party hardware and/or software will be billed to
Buyer on a time and material basis.
Using the LI-830 and LI-850 Gas Analyzers
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