PerkinElmer Product Warranty
179
P/N CLS151164 Rev. B
LabChip GX Touch/GXII Touch User Manual
PerkinElmer, Inc.
• When PerkinElmer provides telephone, fax, or email support, Customer is responsible for completing any necessary documentation
required by PerkinElmer for the provision of any services.
• Customer must perform the appropriate level of revalidation required as a result of any maintenance or service provided.
• For on-site services, Customer must ensure that the site where the product is located is safe for PerkinElmer personnel to enter, prior to
PerkinElmer performing any services under this Warranty. PerkinElmer reserves the right to refuse to service the products covered under
this warranty, if the Customer's site where the product is located is hazardous to the health and safety of PerkinElmer personnel.
Limitations:
• The Warranty only covers products manufactured by PerkinElmer. Any warranties that may be applicable to third party components shall be
provided by the respective manufacturers or suppliers of such third party components, and PerkinElmer shall use reasonable efforts to
assist the customer in securing the benefits of any such warranties.
• Damage to limited-life parts caused by insufficient maintenance or cleaning practices or unauthorized applications are not covered under
Warranty.
• Failure of the Customer to comply with the aforementioned “Customer Responsibilities” will void any applicable Warranty.
• Any hardware or software covered under Warranty that is altered will void the Warranty, unless such alteration is performed by PerkinElmer
or an approved PerkinElmer vendor.
• Any product that has been subject to misuse, accident, negligence or improper transportation, handling, installation, storage, use, or
maintenance shall not be covered under any applicable Warranty.
• Many PerkinElmer products require the use of PerkinElmer Automation Certified Disposables for proper operation. These may include, but
are not limited to: pipet tips, seals, labels and filters. Use of a PerkinElmer product with any disposables other than the specified
PerkinElmer Automation Certified Disposables will void any applicable Warranty.
• All software products are subject to the applicable software end user license agreement included with the software product.
• Any Warranty provided herein shall apply only to products within the country of original delivery. Products transferred outside the country of
original delivery, either by PerkinElmer at the direction of Customer or by Customer's actions subsequent to delivery, may be subject to
additional charges prior to any warranty repair or replacement of such products based on the actual location of such products and
PerkinElmer's warranty and/or service surcharges for such location(s).
IV. REMEDIES, DISCLAIMER AND LIMITATIONS OF LIABILITY.
Warranty Disclaimer: TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PERKINELMER EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
PERKINELMER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SOFTWARE WILL MEET THE CUSTOMER'S
REQUIREMENTS, OR THAT THE OPERATION OF ANY SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS
IN ANY SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PERKINELMER SHALL
CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE CUSTOMER. THE TERMS OF THIS
DISCLAIMER DO NOT AFFECT OR PREDJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING PERKINELMER PRODUCTS
OTHERWISE THAN IN THE ORDINARY COURSE OF BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH
OR PERSONAL INJURY CAUSED BY PERKINELMER'S NEGLIGENCE.
Remedies: As Customer's sole and exclusive remedy under this Warranty, PerkinElmer agrees either to repair or replace, at PerkinElmer's
sole option, any part or parts of such product which, under proper and normal conditions of use, prove(s) to be defective within the applicable
Warranty Period. Alternatively, PerkinElmer may at any time, in its sole discretion, elect to discharge its warranty obligation hereunder by
accepting the return of any defective product pursuant to the terms set forth herein and refunding the purchase price paid by Customer. THE
REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. PERKINELMER NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE DESIGN,
MANUFACTURE, SALE, DELIVERY, INSTALLATION, SERVICE OR USE OF THE PRODUCTS.
Limitations of Liability: REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR
OTHERWISE, IN NO EVENT WILL PERKINELMER, ITS AFFILIATES, ITS LICENSORS OR SUPPLIERS BE LIABLE TO CUSTOMER OR
ANY THIRD PARTY UNDER ANY LEGAL THEORY OF LIABILITY FOR ANY LOSS OF PROFITS OR REVENUE, LOSS OR INACCURACY
OF DATA, INTERRUPTION OF BUSINESS, COST OF SUBSTITUTION, INTERRUPTION, DELAY, LOSS RESULTING FROM SYSTEM OR
SYSTEM SERVICE FAILURE, BREACHES IN SYSTEM SECURITY, OR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY OR INCIDENTAL DAMAGES OF ANY NATURE, EVEN IF PERKINELMER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN NO EVENT WILL THE LIABILITY OF
PERKINELMER, ITS AFFILIATES, ITS LICENSORS OR SUPPLIERS EXCEED THE GREATER OF ONE U.S. DOLLAR OR THE PURCHASE
PRICE RECEIVED BY PERKINELMER FROM CUSTOMER FOR THE PRODUCTS. Some jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, so the above exclusion may not apply.
