LISST-200X User’s Manual Warranty Page 115
Warranty
STATEMENT OF LIMITED, EXTENDED WARRANTY
This Statement of Limited Warranty applies to all Sequoia Scientific, Inc. (“SEQUOIA”) products
("Products"). Any additional or different terms, including any terms in any purchase order, will be of
no effect unless agreed to in writing by an authorized representative of SEQUOIA as reflected in a
written SEQUOIA quotation.
1. Limited Warranty
SEQUOIA warrants that upon delivery by SEQUOIA (a) the Products will be free from defects in
materials and workmanship, (b) the Products will perform substantially in accordance with
SEQUOIA's applicable specifications, and (c) any Products (or components or parts thereof) that are
manufactured by SEQUOIA do not infringe any U.S. patent or copyright.
2. Correction of Non-Compliance
If, during the twelve months after delivery (the “Warranty Period”), any Product does not comply
with the warranties set forth in 1(a) and 1(b) above, SEQUOIA will, at its option, either (a) repair the
Product, (b) replace the Product, or (c) refund the purchase price paid by Customer to SEQUOIA for
the Product; provided that Customer gives SEQUOIA written notice of the noncompliance within the
Warranty Period and ships the Product to SEQUOIA within one month after the end of the Warranty
Period. As to any Product repaired or replaced by SEQUOIA, the Warranty Period will end upon the
later of the end of the original Warranty Period or 90 days after SEQUOIA's delivery of the repaired
or replacement Product to Customer. Any Product, component, part or other item replaced by
SEQUOIA becomes the property of SEQUOIA. SEQUOIA may use refurbished components in the
repair of Products supplied hereunder.
SEQUOIA's warranties shall be void and not apply if the Product has been subjected to misuse or
alteration or repaired by a party not approved by SEQUOIA or the serial number on a product (if
applicable) has been altered or defaced. SEQUOIA shall not be liable for normal wear and tear (such
as replacement of consumables), nor for defects or failure caused by maintenance, misuse, negligence
or failure resulting from non-compliance with SEQUOIA’s specifications, operating or maintenance
manuals.
3. Infringement Indemnification
If any Product does not comply with the warranty set forth in 1(c) above, SEQUOIA will defend and
indemnify Customer against any third-party claim asserted in any proceeding against Customer based
on this noncompliance; provided that Customer gives SEQUOIA prompt written notice of the claim,
SEQUOIA has exclusive control over the defense and settlement of the claim, Customer provides
such assistance as SEQUOIA may request in connection with the defense and settlement of the claim
(in which event SEQUOIA will reimburse the reasonable out-of-pocket costs incurred by Customer to
provide such assistance), Customer does not settle the claim without the prior written consent of
SEQUOIA and, upon SEQUOIA's request, Customer returns the Non-Complying Product to
SEQUOIA for modification, replacement or a refund of the purchase price paid by Customer to
SEQUOIA for the Non-Complying Product, less a reasonable allowance for Customer's use prior to
return.
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