Dynex Agility Automated ELISA System, Operator'S Manual

Page: 151 / 155

Limited Warranty
Agility System
Operator’s Manual
151
Limited Warranty
Warranty and Special Provisions
DYNEX TECHNOLOGIES products are fully guaranteed for one year against defects in
parts, materials, and workmanship. Defective parts and materials will be replaced or, at the
discretion of DYNEX TECHNOLOGIES, repaired at no charge for a period of one year and
labor required for such replacement or repair will be provided at no charge for a period of one
year, provided that the products are utilized and maintained in accordance with the
instructions in the applicable operating and servicing manual, and provided further that the
products have not, as determined solely by DYNEX TECHNOLOGIES, been subject to
misuse or abuse by the Customer or other parties unrelated to DYNEX TECHNOLOGIES.
DYNEX TECHNOLOGIES makes no warranty, expressed or implied, as to the fitness of any
product for any particular purposes other than those purposes described in the applicable
operating and servicing manual, nor does DYNEX TECHNOLOGIES make any other
warranty, whether expressed or implied, including merchantability, other than those appearing
on the face hereof. Where DYNEX TECHNOLOGIES guarantees any product, whether under
this Warranty or as a matter of law, and there is a breach of such guarantee, the Customer’s
only and exclusive remedy shall be the replacement or repair of defective parts and materials,
as described above. This shall be the limit of DYNEX TECHNOLOGIES liability.
Furthermore, DYNEX TECHNOLOGIES shall not be liable for incidental or consequential
damages. Failure of the Customer to notify DYNEX TECHNOLOGIES of a claimed defect
by registered mail within thirty days of the discovery thereof shall constitute a waiver of any
claim for breach of warranty.
When a product is required by DYNEX TECHNOLOGIES to be installed by a DYNEX
TECHNOLOGIES engineer or technician, the period of this Warranty shall begin on the date
of such installation, provided, however, that any use of the product prior to such installation
shall, at the sole election of DYNEX TECHNOLOGIES, void this Warranty. When
installation by DYNEX TECHNOLOGIES personnel is not required, the period of this
Warranty shall begin on the date of shipment from DYNEX TECHNOLOGIES. The period of
this Warranty shall begin as described above whether or not the product has been installed or
shipped pursuant to a purchase order, and any trial period shall be deducted from the
Warranty period that would otherwise apply under a subsequent placed purchase order for that
product.
Limitation of Liability. Notwithstanding anything to the contrary contained herein, the
liability of SELLER (whether by reason of breach of warranty, breach of contract, tort, or
otherwise), including without limitation under any indemnification provision contained
herein, shall be limited to replacement of goods returned to DYNEX TECHNOLOGIES
which are shown to DYNEX TECHNOLOGIES reasonable satisfaction to have been
nonconforming or to refund the purchase price, or, if not paid, to a credit amount of the
purchase price therefore.