Cellink BIO X 3D Bioprinter, Руководство пользователя, Страница: 58 / 75

6.1 General Terms and Conditions
11. PRODUCT LIABILITY
Cellink is not liable for any damage caused by the Product to any movable or immovable
property or the consequences of such damage, which occurs after the Product is
delivered to the Buyer.
The Buyer shall indemnify and hold Cellink harmless to the extent that Cellink incurs
liability towards any third party in respect of loss or damage for which Cellink is not
liable in relation to the Buyer following section 9. For the avoidance of doubt, the Buyer
shall have a liability to recourse all costs inflicted on Cellink, due to any such claims.
Subject to the limitations stated above, Cellink is liable for claims made by a consumer,
in accordance with mandatory law for personal injury or damage to property caused by
the Product.
If a claim for damage as described in this section is lodged by a third party against one
of the Parties, the latter Party shall forthwith inform the other Party thereof in writing.
A precondition for Cellink’s liability set forth above is that Cellink has been notified in
writing of such claim in accordance with above and given authority to settle the claim
or control the defence of any suit and proceeding.
In the event that a Product or parts thereof becomes subject to a recall decided by
Cellink, the Buyer shall participate and assist in such a process in accordance with
Cellink’s instructions. The Buyer is entitled to compensation for its reasonable direct
and documented costs occurred in relation to the provision of such assistance.
The limitation of Cellink’s liability set forth in this section shall not apply where Cellink
has been guilty of negligence.
Both Parties shall keep and maintain product liability insurance in accordance with
customary conditions.
12. LIMITATION OF LIABILITY
Save for what follows from section 11, Cellink’s aggregate liability in relation to any
claim of any kind for any loss or damage arising out of, connected with, or resulting
from the Agreement or from the design, manufacture, sale, delivery, resale or use of
the Products or any part thereof, as the case may be, shall be limited to the refund of
the purchase price of the Products with respect to which the loss, damage or breach
occurred.
In no event shall Cellink be liable towards the Buyer for any loss of production or profit,
loss of use, loss of data, loss of contracts or for any other consequential, economic
or indirect loss whatsoever in respect of the sale, purchase, use or disposition of the
Product.
The limitation of Cellink’s liability in this section shall not apply where Cellink has been
guilty of negligence.