CELLINK's liability is limited to defects which appear within 12 months from the date when the
Products were delivered.
The Buyer shall notify CELLINK in writing of a defect without undue delay after the defect has
appeared, and in no case later than two (2) weeks after the expiry of the liability periods as set out
above. The notice shall contain a description of how the defect manifests itself. If the Buyer fails to
notify CELLINK in writing within the above time limits, the Buyer forfeits its right to make any claim
in respect of the defect. If there is reason to believe that the defect may cause damage, notice shall
be given forthwith. If notice is not given forthwith, the Buyer forfeits the right to make any claim
based on damage which occurs, and which could have been avoided, if such notice had been given.
After receipt of a written notice, CELLINK shall, at CELLINK's option, repair or replace the Product
or make a reasonable reduction of the purchase price for the Products without undue delay. If
CELLINK fails to fulfil its obligations under this section within a reasonable time, the Buyer may by
written notice require CELLINK to do so within a final time. If CELLINK fails to fulfill its obligations
within that time limit, the Buyer may terminate the purchase of the defective Products in question
by written notice.
If the Buyer gives such notice as referred to above, and no defect is found for which CELLINK is
liable, CELLINK shall be entitled to compensation for the work and costs which it has incurred as a
result of the notice.
All transports in connection with replacement shall be at the Buyer's risk and at CELLINK's expense.
The Buyer shall follow CELLINK's instructions regarding how such transport shall be carried out.
CELLINK shall have no liability for defects save as stipulated above. This applies to any loss the
defect may cause, such as loss of production, loss of profit and other consequential economic loss.
The limitation of CELLINK's liability under this section shall, however, not apply where CELLINK has
been guilty of negligence.
6.1.7 Software
The software (proprietary software and third party software), documentation, interfaces, content, and
any data that came with the Products, which may be updated or replaced by feature enhancements
or software updates provided by CELLINK (the "Product Software"), is licensed, not sold, to the
Buyer for use in accordance with these General Terms. CELLINK [and its licensors] retain ownership
of the Product Software itself and reserve all rights not expressly granted to you.
6.1.8 Granted rights
CELLINK grants the Buyer a non-exclusive, non-transferable, non-sublicensable, perpetual right to use
the Product Software in the Products within the Buyer's own business. The Buyer shall not have any
right to the Product Software apart from the right to use Product Software in line with these General
Terms. Except for the Buyer's right to make back-up copies if this is necessary for the intended use of
the Product Software, and to decompile the Product Software to achieve interoperability with other
programs, the Buyer is not allowed to modify, copy, disassemble, reassemble, distribute, publish,
reverse engineer, build a derivate or duplicate the Product Software, its components, services or
features. The Buyer is only allowed to use the Product Software for your own benefit and you are
not allowed to make the application available to third parties.
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