LeadCare
®
II User's Guide 6-1
Chapter 6 LeadCare II Blood Lead Testing
System Limited Warranty
Magellan Diagnostics, Inc. (Magellan) warrants that each product manufactured and sold by it will be free from
defects in material and workmanship in normal use and service from the date of delivery to you as the original
purchaser for the following periods: Magellan Instruments - one year; Sensors and Electrodes - 90 days. This
warranty does not cover, and no warranty is provided for, consumables and parts that by their nature are normally
required to be replaced periodically consistent with normal maintenance. If any product covered by this warranty is
returned to the original shipping point, transportation charges prepaid, within the applicable warranty period set
forth above and upon examination Magellan determines to its satisfaction that such product was defective in
material or workmanship Magellan will, at its option, repair or replace the product or defective part thereof or refund
the original purchase price of the product to you. The foregoing notwithstanding, Magellan will not be responsible
for damage to any product resulting from misuse, negligence or accident or resulting from repairs, alterations or
installation made by any person or firm not duly authorized by Magellan in writing.
If, at any time during the period ending ninety (90) days after delivery of any product to you, you report and document
any error in any software provided with the product and developed by Magellan or any failure of any such software
substantially to conform to Magellan’s software documentation that limits or prevents use of the software by you,
Magellan, at its option, will use reasonable efforts to correct any such error or failure, will replace such software, or will
terminate your license to use the software and refund the price of the related product. In connection with any such
termination and refund, you will return the related product to Magellan forthwith upon request. This warranty shall
apply only to those portions of the software that were developed by Magellan and that incorporate all program
corrections and modifications, if any, delivered to you. It shall not apply to any error or failure due to machine error or
to the misuse by or negligence of any person or entity other than Magellan or to any software which is modified by any
person or entity other than Magellan.
With respect to products sold to you but not manufactured by Magellan, MAGELLAN MAKES NO WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, but will make available to you, to the extent
permitted, the warranties of the manufacturer of the relevant products .
THIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY MAGELLAN WITH RESPECT TO THE
PRODUCTS AND SOFTWARE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. YOUR EXCLUSIVE REMEDIES AND MAGELLAN'S SOLE LIABILITY FOR ANY NON-
CONFORMITY OR DEFECT IN THE PRODUCTS AND SOFTWARE WILL BE THOSE EXPRESSED HEREIN.
UNDER NO CIRCUMSTANCES WILL MAGELLAN'S LIABILITY ARISING FROM THE PERFORMANCE OR
FAILURE TO PERFORM OF ANY PRODUCT OR SOFTWARE IN CONTRACT, IN TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT WILL
MAGELLAN BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR ANALOGOUS DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS
OF BUSINESS OR LOSS OF GOODWILL, EVEN IF MAGELLAN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
This warranty shall be governed by and construed and enforced in accordance with, the substantive laws of the
Commonwealth of Massachusetts, excluding its conflict of law principles. This warranty shall be non-transferable
and shall run to the benefit of the original purchaser only.
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