Appendix B
Operator’s Manual, RAMP
®
Reader 49
Warranty
Response warrants to the original purchaser that RAMP
®
will be free from defects in material and workmanship on the date of
purchase and substantially conform to the material functional specifications contained in this Owner’s Manual (“Limited
Warranty”) for a period of one (1) year from the date of the original purchase from Response or an authorized distributor
(“Warranty Period”). This Limited Warranty is non-transferable and is conditioned upon observance of the published directions
included in this Owner’s Manual. This Limited Warranty is further conditioned upon observance of directions accompanying the
products specifically designed for use with RAMP
®
and authorized for use with RAMP
®
by Response (including test Cartridges,
control Cartridges and kits containing same) (the “RAMP
®
Products”).
This Limited Warranty does not apply if the defect or malfunction in RAMP
®
was caused by misuse, neglect, unauthorized
attempts to open, repair or modify RAMP
®
, use of RAMP
®
with accessories or other products that are not RAMP
®
Products or
any cause other than the intended normal use of RAMP
®
.
If RAMP
®
becomes defective during the Warranty Period, and the Exchange Period has expired, the purchaser’s sole and
exclusive remedy, and Response’s sole obligation, will be to repair or replace RAMP
®
. Repaired or replaced products or parts
may be new or reconditioned, and are subject to this Limited Warranty through the end of the original Warranty Period. Non-
warranty work is charged at the standard repair rate.
To obtain warranty service, the purchaser must contact the distributor (or to Response if purchased directly) during the
Warranty Period, provide the distributor (or to Response if purchased directly) with a dated proof of original purchase, and ship
RAMP
®
to Response in its original (or equivalent) packaging only after receiving an authorization notice in writing from either
Response or the distributor. The purchaser is responsible for shipping costs to Response.
For purchasers with an extended warranty plan (e.g. GOLD plan), the warranty is extended accordingly to the duration of the
purchased warranty plan.
Exclusions
TO THE FULL EXTENT ALLOWED BY LAW, THIS LIMITED WARRANTY IS THE PURCHASER’S SOLE AND EXCLUSIVE
REMEDY, AND NO OTHER WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND SHALL APPLY, WHETHER
STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES, CONDITIONS
OR GUARANTEES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE, QUALITY, OR DURABILITY, ALL OF WHICH ARE DISCLAIMED.
Liability Limitations
IN NO EVENT WILL RESPONSE BE LIABLE FOR ANY SPECIAL, EXTRAORDINARY, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, LOST
PROFITS, LOSS OF OPPORTUNITY, PATENT INFRINGEMENT, BUSINESS INTERRUPTION, PERSONAL INJURY OR
DEATH, OR ANY OTHER LOSS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH RAMP
®
EVEN IF
RESPONSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, AS A RESULT OF OR IN CONNECTION WITH,
ANY USE OF RAMP
®
, WHETHER IN CONJUNCTION WITH RAMP
®
PRODUCTS OR OTHERWISE, RESPONSE BECOMES
LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY DAMAGES, LOSSES, COSTS, EXPENSES, OR
OTHER LIABILITIES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (IN CONTRACT, TORT OR
PURSUANT TO STATUTE), THEN RESPONSE’S AGGREGATE LIABILITY TO ALL SUCH PERSONS WILL BE LIMITED TO
AN AMOUNT EQUAL TO THE PURCHASE PRICE PAID FOR RAMP
®
AND YOU HEREBY RELEASE RESPONSE FROM
ANY AND ALL OBLIGATIONS, LIABILITIES, CLAIMS OR DEMANDS IN EXCESS OF THIS LIMITATION.
The exclusion of certain conditions and warranties and the limitation of certain liabilities are prohibited in some jurisdictions, so
these limitations and exclusions may not apply to some purchasers.
Recall Policy
Recalls are actions taken by Response to remove certain serial or lot numbers of RAMP
®
or specific RAMP
®
components
(“RAMP
®
Parts”), from the market. Recalls may be conducted on Response’s own initiative, or by the request of a regulatory
body. Response will inform the distributor or purchaser of the necessary recall information in writing via email or fax. Only lot or
serial numbers of RAMP
®
or RAMP
®
Parts (the “Recalled Product”) that fall within the recall will be included.
The distributor (or purchaser if purchased directly) will take full responsibility for collecting all Recalled Products from their
customers or users and for taking proper actions to discard, destroy, or send the Recalled Products to Response-designated
destinations as instructed.
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