1.6 Limited Warranty
Chapter 1 Introduction
pH SAFE Reader Operator Manual - Doc. No. 120001-09
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1.6
Limited Warranty
Blood Cell Storage, Inc. (BCSI) warrants that, at the time of shipment, the
instrumentation provided to the customer is free from defects in material and
workmanship.
This limited warranty is conditioned upon the customer giving BCSI notice of
any defect within one (1) year after shipment. This limited warranty will not
apply if the instrumentation (a) has not been installed, used, or maintained in
accordance with applicable instructions and manuals; (b) has been repaired or
altered by unauthorized persons or misused, abused, accidentally damaged or
subjected to operation for which it was not intended; or (c) has had its serial
number altered or removed. This limited warranty does not apply to consumable
items. Except as expressly stated herein, BCSI makes no other warranties,
express or implied, including warranties of merchantability or fitness for
particular purpose.
Under this limited warranty, BCSI at its option, will repair or replace any
defective instrumentation. This is the sole remedy for any breach of warranty.
Any instrumentation to be returned for repair or replacement must be properly
packaged and shipped via prepaid freight in accordance with BCSI instructions.
This limited warranty does not apply to the use of the instrument other than as
described herein.
This limited warranty contains BCSI's sole obligation and liability related to the
customer's use of the BCSI products. .BCSI shall not be liable to the customer
for any other remedies of damages, including special, indirect, incidental, and
consequential damages, including, but not limited to, lost profits, whether based
upon warranty, strict liability, tort, contract or otherwise. This limited warranty
may not be changed in any way without the express written permission of BCSI.
Each provision of this agreement that provides for a limitation of liability,
disclaimer of warranties, or exclusion of damages is to allocate the risks between
the parties. This allocation is reflected in the pricing offered by BCSI to the
customer and is an essential element of the basis of the bargain between the
parties. Each of these provisions is severable and independent of all other
provisions of this agreement. The limitations in this section will apply
notwithstanding the failure of essential purpose of any limited remedy in this
agreement.
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