4
Legal Notices
4.1 Introduction
This manual is provided to you by PerkinElmer Health Sciences, Inc. ("PEHS") on behalf of itself
and its affiliates, Caliper Life Sciences, Inc. ("Caliper") and Xenogen Corporation ("Xenogen").
PEHS, Caliper and Xenogen are referred to collectively throughout this manual as "PerkinElmer".
Section 4.2 below provides the standard limited warranty for the System and associated Living
Image
®
Software.
4.2 Limited Warranty
a.
PerkinElmer provides the following limited warranty for each new IVIS
®
Lumina XRMS Series
III ("System") purchased from it as follows ("Limited Warranty"):
i.
PerkinElmer warrants that This Limited Warranty for the System extends for a period of one
(1) year following delivery to, and installation of, the System to the original customer,
purchaser, or user ("Customer"), the System shall substantially conform to its published
specifications existing at the time of purchase. This Limited Warranty and is not assignable
or transferable to any successor, without the express written permission of PerkinElmer,
which may be withheld in its sole discretion.
ii.
During the Limited Warranty period, PerkinElmer will repair or replace, at PerkinElmer's sole
option, any defective parts if such repair or replacement is needed because of System
malfunction or failure during normal usage in accordance with the instructions in this manual.
Repairs and replacements under the Limited Warranty will be made at PerkinElmer's expense.
Parts replaced during this Limited Warranty period may be retained by PerkinElmer, at its sole
option, and will be warranted for the longer of the remaining term of the original Limited
Warranty period, or for thirty (30) days from the date of replacement. PerkinElmer's limit of
liability under the Limited Warranty shall be the purchase price of the Imaging System.
PerkinElmer shall not be liable for any other losses or damages. These remedies are the
Customer's exclusive remedies for breach of warranty.
iii.
No coverage or benefits shall be provided under this Limited Warranty if any of the following
conditions apply:
a)
The System has been subjected to abnormal use, abnormal conditions, unauthorized
modifications (e.g., unauthorized installation of hardware or software), unauthorized
repair or servicing, misuse, neglect, abuse, accident, alteration, any use inconsistent with
or in contradiction to the instructions in this manual, or other acts which are not the fault
of PerkinElmer.
b)
PerkinElmer was not advised in writing by the Customer of the alleged defect or
malfunction of the System within ten (10) days after the expiration of the applicable
limited warranty period.
iv.
If a problem develops during the Limited Warranty period, the Customer shall contact
PerkinElmer Technical Support for assistance immediately following discovery of the
problem.