Beckman Coulter Power Express Instructions For Use Manual page 7

Warranty and Service
Subject to the below exceptions and conditions, Beckman Coulter warrants to you that (i)
the Equipment will perform in all material respects in accordance with the applicable
operator manuals, which are available at the Beckman Coulter website, for 12 months upon
validation by Beckman Coulter, (ii) Beckman Coulter reagents provided under this
Agreement will conform and perform in all material respects in accordance with the
applicable labeling for the lesser of the expiration date set forth on such label or 12 months
from the delivery date if no date is specified on such label and (iii) Services will be
performed in a workmanlike manner. If a Product defect develops under normal and
proper use during the warranty period, Beckman Coulter will, at Beckman Coulter's option,
and without charge, either repair, during Beckman Coulter's normal business hours, or
replace the non-conforming Product. Your exclusive remedy for missing or defective
Products will be, at Beckman Coulter's option, the repair or replacement by Beckman
Coulter of the Products. The original warranty period will be in effect on any repaired or
replaced Products. If Beckman Coulter replaces any part under this warranty or as a result
of any Services performed, Beckman Coulter will own the replaced part. Your exclusive
warranty for Services not performed in a workmanlike manner will be re-service of the
applicable instrument. If a third party manufactured product is supplied to you pursuant to
this Agreement (such as software, printers, or personal computers), Beckman Coulter
assigns to you any rights that may exist under the warranty provided by the manufacturer.
Beckman Coulter does not, however, warrant the performance of the third party
manufactured product or provide any remedy for failure of the third party product to
perform. Your exclusive remedy is any remedy that may exist under the warranty rights
passed through to you under this section.
THE WARRANTIES IN THIS SECTION ARE PROVIDED IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, AND ARE YOUR EXCLUSIVE REMEDIES RELATING
TO PERFORMANCE OF THE PRODUCTS OR SERVICES. BECKMAN COULTER DISCLAIMS
ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTY ABOUT
THE MERCHANTABILITY OF THE PRODUCTS, INFRINGEMENT OR THEIR FITNESS FOR A
PARTICULAR PURPOSE. IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW,
THEY ARE LIMITED IN DURATION TO THE LENGTH OF THE TERM OF THE CUSTOMER
AGREEMENT.
Please refer to the Customer Agreement for additional terms and conditions.
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