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THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR
REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE
EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS
WARRANTY STATEMENT, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES,
WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE
PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. THE
COMPANY DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL
ACCOMPLISH ANY PARTICULAR RESULT.
NOTHING IN THIS MANUAL OR IN THE TERMS AND AGREEMENT AGREED TO AT THE
TIME OF PURCHASE SHALL BE CONSTRUED TO PROVIDE FOR THE TRANSFER,
ASSIGNMENT OR ALIENATION OF THE LIMITED WARRANTIES PROVIDED BY THE
COMPANY HEREIN TO ANY OTHER PARTY OTHER THAN BUYER, INCLUDING BUT NOT
LIMITED TO, SUCCESSORS, HEIRS, SUBSIDIARIES OR ANY OTHER THIRD PERSON.
THE WARRANTIES IDENTIFIED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES
WITH RESPECT TO THIS PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED,
INCLUDING, WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A SPECIFIC PURPOSE OR USE (WHETHER
ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING,
OR USAGE OF TRADE). THIS WARRANTY IS NOT TRANSFERABLE FROM THE ORIGINAL
PURCHASER TO A SUBSEQUENT OWNER. FURTHER, THE COMPANY IS NOT LIABLE IN
CASES OF DELIBERATE, NEGLIGENT OR ACCIDENTAL MISUSE OF THE PRODUCTS,
USE WITH INAPPROPRIATE REAGENTS OR CONSUMABLES, DAMAGE CAUSED BY
DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE OTHER THAN THE
COMPANY. THE COMPANY DOES NOT WARRANT THAT THE PRODUCT WILL NOT
INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY EITHER ALONE
OR IN COMBINATION WITH OTHER PRODUCTS OR IN THE OPERATION OF ANY
PROCESS. THE COMPANY'S TOTAL LIABILITY FOR BREACH OF THESE WARRANTIES
SHALL BE LIMITED TO THE GROSS PURCHASE PRICE FOR THE PRODUCT AS STATED
IN THE RELEVANT INVOICE OR ORDER UNDER WHICH THE ACTIVITY GIVING RISE TO
LIABILITY ARISES. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES
(INCLUDING LOSS OF BUSINESS OR PROFITS) UNDER ANY THEORY OF LIABILITY
HEREUNDER.
Version 1.0
5
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