66 Appendix C
C
Third-Party Component, (c) modification of the Waters 996 PDA Detector by anyone other
than Waters Corporation, (d) failure by Customer to install any Standard Enhancement in
accordance with an update procedure, release of firmware or any operating system
release, (e) any willful or negligent action or omission of Customer, (f) any misuse or
incorrect use of the Waters 996 PDA Detector, (g) any malfunction of any information
system or instrument with which the Waters 996 PDA Detector may be connected, or (h)
failure to establish or maintain the operating environment for the Waters 996 PDA Detector
in accordance with the operator’s manual.
Exclusive Remedy
In the event of any failure of the Waters 996 PDA Detector to perform, in any material
respect, in accordance with the warranty set forth herein, the only liability of Waters
Corporation to Customer, and Customer’s sole and exclusive remedy, shall be the use, by
Waters Corporation, of commercially reasonable efforts to correct for such deviations, in
Waters Corporation’s sole discretion, replacement of the purchased Waters 996 PDA
Detector, or refund of all amounts theretofore paid by Customer to Waters Corporation for
the Waters 996 PDA Detector.
Disclaimers
THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF, AND
CUSTOMER HEREBY WAIVES, ALL OTHER REPRESENTATIONS, WARRANTIES AND
GUARANTEES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE WATERS 996 PDA
DETECTOR FOR A PARTICULAR PURPOSE, INCLUDING FITNESS FOR USE IN
CLINICAL DIAGNOSTIC PROCEDURES OR FOR INVESTIGATIONAL USE WITH OR
WITHOUT CONFIRMATION OF DIAGNOSIS BY ANOTHER MEDICALLY ESTABLISHED
DIAGNOSTIC PRODUCT OR PROCEDURE, OR NONINFRINGEMENT, AND ANY
WARRANTIES ARISING OUT OF COURSE OF DEALING OR COURSE OF
PERFORMANCE. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT BECAUSE OF
THE COMPLEX NATURE OF THE WATERS 996 PDA DETECTOR AND ITS
MANUFACTURE, WATERS CORPORATION CANNOT AND DOES NOT WARRANT
THAT THE OPERATION OF THE WATERS 996 PDA DETECTOR WILL BE WITHOUT
DEFECT. CUSTOMER EXPRESSLY ACKNOWLEDGES THAT CUSTOMER IS SOLELY
RESPONSIBLE FOR USE OF THE WATERS 996 PDA DETECTOR IN CLINCIAL
DIAGNOSTIC PROCEDURES OR FOR INVESTIGATIONAL USE WITH OR WITHOUT
CONFIRMATION OF DIAGNOSIS BY ANOTHER MEDICALLY ESTABLISHED
DIAGNOSTIC PRODUCT OR PROCEDURE.
To Next Page
Loading...
