Notes
iCell Cardiomyocytes User’s Guide
15
however such failure is caused; or (iii) if Customer fails to comply with any of the provisions
of Appendix A in this User’s Guide; or (iv) if there is any abuse, other misuse or neglect of
the Products by Customer or to the extent of any damage or loss of the Products by events
or occurrences beyond a person’s (e.g., Cellular Dynamics’) control including without
limitation, accident, fire, vandalism and natural disasters (acts of God). This warranty applies
only to Customer and not to third parties. This warranty is not assignable.
C. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CELLULAR
DYNAMICS DISCLAIMS ALL REPRESENTATIONS, AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, AND CUSTOMER WAIVES ALL RIGHTS AND
REMEDIES, WITH RESPECT TO ANY DEFECTIVE PRODUCTS OTHER THAN THE
EXPRESS WARRANTY AND REMEDY THEREFOR STATED ABOVE IN THIS
APPENDIX B.
D. Within five (5) business days of thawing the Product but prior to the expiration date of the
Product as listed on the Certificate of Analysis and/or Product’s label (the “Warranty
Period”), Customer must notify Cellular Dynamics in writing of any nonconformity of the
Products, describing the nonconformity in detail. Customer’s failure to properly notify Cellular
Dynamics in the Warranty Period voids the limited warranty set forth above in this
Appendix B.
E. Customers who believe they have a warranty claim should call Cellular Dynamics’
Technical Support line at (608) 310-5100 ext. 5 or email at [email protected]
to request a replacement Product based on a breach of the limited warranty set forth above
in this Appendix B. Any action by Customer for Cellular Dynamics’ breach of this limited
warranty, for which Customer has given timely and proper notice of such breach during the
Warranty Period and otherwise in accordance with this Appendix B, must be commenced by
Customer within 18 months following the date of such breach.
F. Cellular Dynamics makes no warranty of any kind or nature, neither express nor implied,
for any product sold together with, or as a part of, the Products (e.g., an accessory
accompanying a Product or a discrete component part of a Product that is a kit) that is not
manufactured by Cellular Dynamics. Any such accessory to or part of the Products shall
have the warranty, if any, that is offered and granted (and, for clarity, extended by its terms
to Customer) by the manufacturer of such other accessory or component product
accessories.
G. Customer acknowledges and agrees that Cellular Dynamics may fill Customer’s order
with any number of units of Products. Such units may be more units than Customer ordered.
Customer will not be charged extra for any adjustments made by Cellular Dynamics. The
number of cells in a unit is determined by the Product’s Certificate of Analysis. The number
of cells that are contained in a unit accounts for both viability and plating efficiency
percentages. Because this may vary from lot to lot, Cellular Dynamics reserves the right to
fill the order with that number of units which is sufficient to fill Customer’s order and such
adjustments shall not constitute a breach of the limited warranty set forth herein.
