Limited Warranty - Thermo Scientific TruNarc User Manual

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Limited 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 Buyer shall (a) 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; and (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,
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 are expressly excluded from 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 Products such as, but
not limited to, power failure or electrical power surges, (vi) improper storage and handling of
the Products or (vii) use of the Products in combination with equipment or software not
supplied by Seller. If Seller determines that Products for which Buyer has requested warranty
services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all
costs of investigating and responding to such request at Seller's then prevailing time and
materials rates. If Seller provides repair services or replacement parts that are not covered by
this warranty, Buyer shall pay Seller therefor at Seller's then prevailing time and materials
rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION
OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS
PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT
SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS
NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL
WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS.
Thermo Scientific
Regulatory Statements and Warranty
TruNarc User Guide
A
57

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