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Standard Factory Limited Warranty
Fluid Imaging Technologies, Inc. (“Seller”) warrants that the FlowCAM
®
product (“Product”)
purchased by you (“Customer”) shall be free from material defects in workmanship and material for a
period of one (1) year from the date of shipment by the Seller (the “Limited Warranty”); provided,
however, that the Limited Warranty does not cover any consumables (flow cells, flow cell holders, or
tubing) or third party manufactured/customer purchased items incorporated in the Product. For Service
and Spare/Replacement parts, the Seller also warrants the services we perform and the spare and
replacement parts we install, for a period of one (1) year from the date of performance of such services
and the date of installation of the spare or replacement parts, respectively. Customer understands and
agrees that the Limited Warranty shall only apply if Customer has used the Product in accordance with
all specifications, documentation, and other information provided to Customer by Seller.
Customer’s sole and exclusive remedy and Seller’s entire liability under the Limited Warranty shall be
(i) at Seller’s option, repair or replacement of the Product or any defective Product components
(including any labor or other services related thereto), and (ii) all shipping costs related to the repair or
replacement of the Product or any defective Product components for both on-site and off-site repairs and
replacements.
Any Product or Product components returned to Seller must have prior approval and must reference a
Return Material Authorization (RMA) number issued by Seller. In the event Seller determines that the
entire Product must be returned to Seller for repair or replacement, such Product must be shipped in its
original shipping container to assure adequate protection during transit. If the original shipping
container is not available, a new shipping container may be purchased from Fluid Imaging
Technologies, Inc. at an additional cost.
The foregoing Limited Warranty is in lieu of all other warranties, written or oral, express or implied,
including, but not limited to, a warranty of merchantability, non-infringement, title or fitness for a
particular purpose. In no event shall seller be liable for any direct, indirect, consequential, punitive,
incidental or any other damages of any kind whatsoever, arising out of or relating to the product, any
product components, any specifications, documentation or other information provided to Customer in
connection with the product, or the limited warrant set forth herein, even if Seller has been advised of, or
otherwise should have been aware of, the possibility of such damages, and regardless of the legal theory
or basis for such claim.
