WARRANTY PROVISIONS
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16. WARRANTY PROVISIONS
The following Warranty Provisions shall apply to products sold in North America by Julabo (“Seller”) to the entity
shown as buyer (“Buyer”) on Seller’s invoice.
1.
Initial Warranty. Upon Seller’s receipt of payment in full for the products and subject to Buyer’s
compliance with the terms of sale and any other agreement with Seller relating to the products, Seller warrants to
the Buyer that the products manufactured by the Seller are free from defects in material and workmanship for a
period not to exceed two (2) years or ten thousand (10,000) hours of operation, whichever comes first, from the
date the product is shipped by Seller to Buyer (the “Initial Warranty”).
2.
EXCLUSION OF ALL OTHER EXPRESS WARRANTIES; EXCLUSION OF ALL IMPLIED
WARRANTIES. OTHER THAN THE INITIAL WARRANTY, NO OTHER EXPRESS WARRANTIES ARE MADE.
ALL IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, ARE
EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. SELLER DISCLAIMS AND MAKES NO IMPLIED
WARRANTIES WHATSOEVER.
3.
Exclusions. The Initial Warranty does not include damage to the product resulting from accident,
misuse, improper installation or operation, unauthorized or improper repair, replacement or alteration (including but
not limited to repairs, replacements, or alterations made or performed by persons other than Seller’s employees or
authorized representatives), failure to provide or use of improper maintenance, unreasonable use or abuse of the
product, or failure to follow written installation or operating instructions. Buyer must return the product’s record of
purchase to the Seller or one of Seller’s authorized representatives within thirty (30) days of the date the product is
shipped by Seller to Buyer in order to make a claim under the Initial Warranty. Notwithstanding anything contained
herein to the contrary, all glassware, including but not limited to reference thermometers, are expressly excluded
from the Initial Warranty.
4.
Buyer’s sole remedies; Limitations on Seller’s Liability. Buyer’s sole and exclusive remedy
under the Initial Warranty is strictly limited, in Seller’s sole discretion, to either: (i) repairing defective parts; or (ii)
replacing defective parts. In either case, the warranty period for the product receiving a repaired or replaced part
pursuant to the terms of the Initial Warranty shall not be extended. All repairs or replacements performed by Seller
pursuant to these Warranty Provisions shall be performed at Seller’s facility in Allentown, Pennsylvania, U.S.A. or at
the facility of an authorized representative of Seller, which location shall be determined by Seller in its sole
discretion; provided, however, that Seller may, in its sole discretion perform such repairs or replacements at Buyer’s
facility in which case Buyer shall pay Seller’s travel, living and related expenses incurred by Seller in performing the
repairs or replacements at Buyer’s facility. As a condition precedent to Seller’s obligation to repair or replace a
product part under the Initial Warranty, Buyer shall (i) promptly notify Seller in writing of any such defect; (ii) shall
have returned the product’s record of purchase to Seller or to one of Seller’s authorized representatives within thirty
(30) days of the date the product is delivered to Buyer; and (iii) assist Seller in all respects in its attempts to
determine the legitimacy and basis of any claims made by or on behalf of Buyer including but not limited to
providing Seller with access to the product to check operating conditions. If Buyer does not provide such written
notice to Seller within the Initial Warranty period or fails to return the product’s record of purchase as set forth
above, Seller shall have no further liability or obligation to Buyer therefore. In no event shall Seller’s liability under
the Initial Warranty exceed the original purchase price of the product which is the subject of the alleged defect.
5.
THE REMEDIES PROVIDED IN THE INITIAL WARRANTY ARE THE SOLE AND EXCLUSIVE
REMEDIES AVAILABLE TO THE BUYER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, AND EVEN IF THE SOLE AND EXCLUSIVE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE FOR
ANY REASON WHATSOEVER, IN NO EVENT SHALL SELLER BE LIABLE FOR BUYER’S MANUFACTURING
COSTS, LOST PROFITS, GOODWILL, OR ANY OTHER SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR
