
USG-CUS-059 Rev05
MassARRAY® Nanodispenser RS1000 v2.1 User Guide
For Research Use Only. Not for use in diagnostic procedures.
Appendix F
Warranty
RESEARCH USE ONLY
Customer is hereby put on notice that AGENA BIOSCIENCE (“AGENA”) products
(including the MassARRAY System, and all hardware, software, and consumables) are
Research Use Only and have not been subjected to regulatory review or cleared or
approved by the United States Food and Drug Administration, by any other United States
governmental agency or entity, or by any equivalent or similar governmental agency or
entity outside the United States, and are not CLIA (or the regional equivalent thereof)
registered or licensed or otherwise registered, licensed, or approved under any statute,
rule, law, or regulation, for any purpose, whether commercial, diagnostic, medical, or
otherwise. Customer bears sole responsibility and liability for validating all products
purchased by Customer for Customer’s intended use. Customer assumes the entire risk
as to the results and performance of AGENA’s products for Customer’s specific
applications and use. “CLIA” means the Clinical Laboratory Improvement Amendments,
1988. Customer assumes full responsibility for the results and use of the results obtained
from the use of AGENA’s products and related documentation. AGENA’s products
(including the MassARRAY System, and all hardware, software, and consumables) are for
research use only and are not to be used for diagnostic or medical purposes.
LIMITED WARRANTY
Warranty.
This limited warranty extends only to Customer as original purchaser unless
otherwise agreed upon in writing by AGENA. AGENA warrants that the MassARRAY
System (meaning hardware and installed software but excluding consumables such as
kits, chips, and reagents) will be free from defects in materials and workmanship and will
conform to AGENA’s specifications in effect as of the date of delivery, and perform
accordingly, until the earlier of (i) one (1) year from the date of installation; or (ii) sixteen
(16) months from the date of shipment, (the “Warranty Period”) and only so long as the
MassARRAY System remains unchanged and in the original condition supplied by
AGENA. AGENA warrants that MassARRAY consumables (including but not limited to kits,
chips, and reagents) will be free from defects in materials and workmanship and will
conform to AGENA’s specifications in effect as of the date of delivery, and perform
accordingly from the date of delivery up to the expiration date specified on the product
packaging (the “Warranty Period”), provided that such consumables have been stored,
handled, and used according to AGENA specifications, and otherwise remain unchanged
and in the original condition supplied by AGENA.
Warranty Exclusions.
The foregoing warranty does not include, and Customer is
responsible for (i) periodic maintenance or calibration recommended for certain products;
(ii) except for lasers, the replacement of hardware components such as but not limited to,
dispense pins, liquid handler tips, and clean resin tools; (iii) maintaining a procedure to
back-up any and all data generated by the MassARRAY System and reconstructing any
lost or altered files, data, or programs; (iv) maintaining all computer networking as it
relates to the integration of any components of the MassARRAY System outside of the
System and within Customer’s networks; (v) proper disposal of waste products (e.g., oil,
filter elements) that result from service work performed under the warranty. Further, the
foregoing warranty shall not apply to an AGENA product that (i) has been subjected to
improper or inadequate maintenance or calibration by Customer; (ii) has been used with
third party hardware, software, interfacing, or other products or components provided by
parties other than AGENA and not approved in writing by AGENA; (iii) has been used to
process samples loaded on re-used and/or refurbished AGENA chip products (including
SpectroCHIP
®
Arrays); (iv) has been repaired, modified, altered, assembled or