ASSURANCE
GDS®
PPMX
USER
MANUAL
31
Appendix
D
Warranty
Terms
BioControl
Systems,
Inc.
(“BioControl”
or
“BCS”)
warrants
the
Assurance
GDS
PickPen
PIPETMAX
automation
equipment
to
be
free
from
defects
in
materials
and
workmanship,
when
given
normal,
proper,
and
intended
usage
for
one
(1)
year
from
the
date
of
delivery
of
this
equipment
to
the
original
purchaser
(“Buyer”).
BioControl
agrees
during
the
applicable
warranty
period
to
repair
or
replace,
at
BioControl’s
option,
all
defective
equipment
within
5
days
after
date
of
return
to
BioControl
and
without
cost
to
Buyer.
This
Limited
Warranty
shall
apply
to
the
following
EQUIPMENT
included
in
the
Assurance
GDS
PIPETMAX
System;
Assurance
GDS
PickPen
PIPETMAX
and
control
tablet.
BioControl
shall
not
have
any
obligation
under
this
Limited
Warranty
to
make
repairs
or
replacements
which
are
required
by
normal
wear
and
tear,
or
which
result,
in
whole
or
in
part,
from
catastrophe,
fault
or
negligence
of
the
Buyer,
or
anyone
claiming
through
or
on
behalf
of
the
Buyer,
or
from
improper
use
of
the
equipment,
or
use
of
the
equipment
in
a
manner
for
which
it
was
not
designed,
or
by
causes
external
to
the
equipment.
Buyer
shall
notify
BioControl
of
any
equipment
believed
to
be
defective
during
the
warranty
period.
At
BioControl’s
option,
such
equipment
shall
be
returned
by
Buyer,
transportation
and
insurance
prepaid,
to
BioControl’s
designated
facility
for
examination
and
testing.
BioControl
shall
repair
or
replace,
within
5
days
of
receipt
by
BioControl,
any
such
equipment
found
to
be
defective
and
promptly
return
such
equipment
to
Buyer,
transportation
and
insurance
prepaid.
Should
BioControl’s
examination
and
testing
not
disclose
any
defect
covered
by
the
foregoing
warranty,
BioControl
shall
so
advise
Buyer
and
return
the
equipment
in
accordance
with
buyer’s
instructions
and
at
Buyer’s
sole
expense.
BioControl
warrants
its
repair
work
and
any
replacement
parts
or
equipment
for
a
period
of
30
days
from
receipt
by
the
Buyer
of
the
repaired
or
replaced
equipment
or
for
the
remaining
balance
of
the
original
warranty
period
set
forth
in
the
preceding
paragraph,
whichever
is
greater.
THE
PROVISIONS
OF
THE
FOREGOING
LIMITED
WARRANTY
ARE
IN
LIEU
OF
ANY
OTHER
WARRANTY,
WHETHER
EXPRESS
OR
IMPLIED,
WRITTEN
OR
ORAL
INCLUDING
ANY
WARRANTY
OF
MERCHANTABILITY
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE.
BIOCONTROL’S
LIABILITY
ARISING
OUT
OF
THE
MANUFACTURE,
SALE
OR
SUPPLYING
OF
THE
EQUIPMENT
OR
ITS
USE
OR
DISPOSITION,
WHETHER
BASED
UPON
WARRANTY,
CONTRACT,
TORT
OR
OTHERWISE,
SHALL
NOT
EXCEED
THE
ACTUAL
PURCHASE
PRICE
PAID
BY
BUYER
FOR
THE
EQUIPMENT.
IN
NO
EVENT
SHALL
BIOCONTROL
BE
LIABLE
TO
BUYER
OR
ANY
OTHER
PERSON
OR
ENTITY
FOR
SPECIAL,
INCIDENTAL
OR
CONSEQUENTIAL
DAMAGES
(INCLUDING,
BUT
NOT
LIMITED
TO,
LOSS
OF
PROFITS
OR
LOSS
OF
USE
DAMAGES)
ARISING
OUT
OF
THE
MANUFACTURE,
SALE
OR
SUPPLYING
OF
THE
EQUIPMENT.
THE
FOREGOING
WARRANTIES
EXTEND
TO
BUYER
ONLY
AND
SHALL
NOT
BE
APPLICABLE
TO
ANY
OTHER
PERSON
OR
ENTITY
INCLUDING,
WITHOUT
LIMITATION,
CUSTOMERS
OF
BUYER.
