Thermo Scientific 5028i Instruction Manual page 239

Appendix A
Warranty
Seller warrants that the Products will operate or perform substantially
in conformance with Seller's published specifications and be free from
defects in material and workmanship, when subjected to normal, proper
and intended usage by properly trained personnel, for the period of
time set forth in the product documentation, published specifications
or package inserts. If a period of time is not specified in Seller's
product documentation, published specifications or package inserts,
the warranty period shall be one (1) year from the date of shipment to
Buyer for equipment and ninety (90) days for all other products (the
"Warranty Period"). Seller agrees during the Warranty Period, to repair
or replace, at Seller's option, defective Products so as to cause the same
to operate in substantial conformance with said published specifications;
provided that (a) Buyer shall promptly notify Seller in writing upon the
discovery of any defect, which notice shall include the product model
and serial number (if applicable) and details of the warranty claim; (b)
after Seller's review, Seller will provide Buyer with service data and/or a
Return Material Authorization ("RMA"), which may include biohazard
decontamination procedures and other product-specific handling
instructions; and (c) then, if applicable, Buyer may return the defective
Products to Seller with all costs prepaid by Buyer. Replacement parts
may be new or refurbished, at the election of Seller. All replaced parts
shall become the property of Seller. Shipment to Buyer of repaired or
replacement Products shall be made in accordance with the Delivery
provisions of the Seller's Terms and Conditions of Sale. Consumables,
including but not limited to lamps, fuses, batteries, bulbs and other
such expendable items, are expressly excluded from the warranty under
this warranty.
Notwithstanding the foregoing, Products supplied by Seller that are
obtained by Seller from an original manufacturer or third party supplier
are not warranted by Seller, but Seller agrees to assign to Buyer any
warranty rights in such Product that Seller may have from the original
manufacturer or third party supplier, to the extent such assignment is
allowed by such original manufacturer or third party supplier.
In no event shall Seller have any obligation to make repairs, replacements
or corrections required, in whole or in part, as the result of (i) normal
wear and tear, (ii) accident, disaster or event of force majeure, (iii)
misuse, fault or negligence of or by Buyer, (iv) use of the Products in
a manner for which they were not designed, (v) causes external to the
Thermo Fisher Scientific Model 5028i Instruction Manual A-1