Waters 2410 Operator's Manual page 112

Exclusions
The foregoing warranty does not apply to any material deviation from the Specifications by
any component of the Waters 2410 Differential Refractometer that results from (a) use of
the Waters 2410 Differential Refractometer for any purpose other than general purpose
use and specifically excluding use of the Waters 2410 Differential Refractometer in clinical
diagnostic procedures, or use of the Waters 2410 Differential Refractometer for
investigational use with or without confirmation of diagnosis by another, medically
established diagnostic product or procedure, (b) errors or defects in any Third-Party
Component, (c) modification of the Waters 2410 Differential Refractometer 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 2410 Differential Refractometer, (g) any
malfunction of any information system or instrument with which the Waters 2410
Differential Refractometer may be connected, or (h) failure to establish or maintain the
operating environment for the Waters 2410 Differential Refractometer in accordance with
the operator's manual.
Exclusive Remedy
C
In the event of any failure of the Waters 2410 Differential Refractometer 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
2410 Differential Refractometer, or refund of all amounts theretofore paid by Customer to
Waters Corporation for the Waters 2410 Differential Refractometer.
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 2410
DIFFERENTIAL REFRACTOMETER 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
2410 DIFFERENTIAL REFRACTOMETER AND ITS MANUFACTURE, WATERS
111 Warranty Information
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