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6.1 General Terms and Conditions
6. LIABILITY FOR DEFECTS
Cellink shall remedy any defect in Products delivered, resulting from faulty design,
specification, materials or workmanship attributable to Cellink in accordance with the
provisions of this section 6.
Cellink is only liable for defects that appear under the intended and proper use of
the Products, included printing using Cellink’s bioink only. Thus, the liability does
not cover defects caused by faulty maintenance, handling or incorrect storage by the
Buyer, alterations of the Products carried out without Cellink’s prior written consent,
or normal wear and tear and deterioration.
In order to enable the Buyer to bioprint, the Buyer may insert a USB to upload an
.STL-file to the Products. Cellink shall not be liable for any damage or loss caused by
the Products on any other software contained on the USB. Cellink shall neither be liable
to remedy any defects to the Products caused by faulty or corrupt software provided
by the Buyer.
Cellink’s liability is limited to defects which appear within 12 months from the date
when the Products were delivered.
The Buyer shall notify Cellink in writing of a defect without undue delay after the defect
has appeared, and in no case later than two (2) weeks after the expiry of the liability
periods as set out above. The notice shall contain a description of how the defect
manifests itself. If the Buyer fails to notify Cellink in writing within the above time
limits, the Buyer forfeits its right to make any claim in respect of the defect. If there
is reason to believe that the defect may cause damage, notice shall be given forthwith.
If notice is not given forthwith, the Buyer forfeits the right to make any claim based
on damage which occurs, and which could have been avoided, if such notice had been
given.
After receipt of a written notice, Cellink shall, at Cellink’s option, repair or replace the
Product or make a reasonable reduction of the purchase price for the Products without
undue delay. If Cellink fails to fulfil its obligations under this section within a reasonable
time, the Buyer may by written notice require Cellink to do so within a final time. If
Cellink fails to fulfill its obligations within that time limit, the Buyer may terminate the
purchase of the defective Products in question by written notice.
If the Buyer gives such notice as referred to above, and no defect is found for which
Cellink is liable, Cellink shall be entitled to compensation for the work and costs which
it has incurred as a result of the notice.
All transports in connection with replacement shall be at the Buyer’s risk and at Cellink’s
expense. The Buyer shall follow Cellink’s instructions regarding how such transport
shall be carried out.
Cellink shall have no liability for defects save as stipulated above. This applies to any loss
the defect may cause, such as loss of production, loss of profit and other consequential
economic loss. The limitation of Cellink’s liability under this section shall, however, not
apply where Cellink has been guilty of negligence.