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your product. If Miltenyi Biotec determines that a product for which you have
requested warranty services is not covered by the warranty hereunder, you shall
pay or reimburse Miltenyi Biotec for all costs of investigating and responding to
such request at Miltenyi Biotec's then prevailing time and materials rates. If
Miltenyi Biotec provides repair services or replacement parts that are not
covered by this warranty, you shall pay Miltenyi Biotec therefor at Miltenyi
Biotec's then prevailing time and materials rates.
THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR
REPLACE A DEFECTIVE PRODUCT ARE EXCLUSIVE AND SHALL BE THE SOLE
REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS
EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, MILTENYI BIOTEC
HEREBY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED,
ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT
LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
ANY PARTICULAR PURPOSE. MILTENYI BIOTEC DOES NOT WARRANT THAT THE
PRODUCT IS ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
UNDER NO CIRCUMSTANCES WILL MILTENYI BIOTEC BE LIABLE FOR ANY LOSS OF
USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF
MILTENYI BIOTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF MILTENYI BIOTEC HEREUNDER
EXCEED THE GREATER OF 100.00 EUROS OR THE AMOUNT YOU ACTUALLY PAID
FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE CAUSE
OF ACTION, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
8
NOT ALL JURISDICTIONS ALLOW SUCH LIMITATIONS OF DAMAGES SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. This warranty statement
gives you specific legal rights and you may have other rights, which may vary
from jurisdiction to jurisdiction.
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