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Warranty
STATEMENT OF LIMITED WARRANTY AND LIABILITY
This Statement of Limited Warranty applies to all Sequoia Scientific, Inc. (“SEQUOIA”) products ("Products"). Any additional
or different terms, including any terms in any purchase order, will be of no effect unless agreed to in writing by an authorized
representative of SEQUOIA as reflected in a written SEQUOIA quotation.
1. Limited Warranty
SEQUOIA warrants that upon delivery by SEQUOIA (a) the Products will be free from defects in materials and
workmanship, (b) the Products will perform substantially in accordance with SEQUOIA's applicable specifications, and (c)
any Products (or components or parts thereof) that are manufactured by SEQUOIA do not infringe any U.S. patent or
copyright.
2. Correction of Non-Compliance
If, during the twenty-four months
after installation, or thirty months after delivery, whichever comes first (the “Warranty
Period”), any Product does not comply with the warranties set forth in 1(a) and 1(b) above, SEQUOIA will, at its option,
either (a) repair the Product, (b) replace the Product, or (c) refund the purchase price paid by Customer to SEQUOIA for the
Product; provided that Customer gives SEQUOIA written notice of the noncompliance within the Warranty Period and ships
the Product to SEQUOIA within one month after the end of the Warranty Period. As to any Product repaired or replaced by
SEQUOIA, the Warranty Period will end upon the later of the end of the original Warranty Period or 90 days after
SEQUOIA's delivery of the repaired or replacement Product to Customer. Any Product, component, part or other item
replaced by SEQUOIA becomes the property of SEQUOIA. SEQUOIA may use refurbished components in the repair of
Products supplied hereunder.
SEQUOIA's warranties shall be void and not apply if the Product has been subjected to misuse or alteration or repaired by
a party not approved by SEQUOIA or the serial number on a product (if applicable) has been altered or defaced. SEQUOIA
shall not be liable for normal wear and tear (such as replacement of consumables), nor for defects or failure caused by
maintenance, misuse, negligence or failure resulting from non-
compliance with SEQUOIA’s specifications, operating or
maintenance manuals.
3. Infringement Indemnification
If any Product does not comply with the warranty set forth in 1(c) above, SEQUOIA will defend and indemnify Customer
against any third-party claim asserted in any proceeding against Customer based on this noncompliance; provided that
Customer gives SEQUOIA prompt written notice of the claim, SEQUOIA has exclusive control over the defense and
settlement of the claim, Customer provides such assistance as SEQUOIA may request in connection with the defense and
settlement of the claim (in which event SEQUOIA will reimburse the reasonable out-of-pocket costs incurred by Customer to
provide such assistance), Customer does not settle the claim without the prior written consent of SEQUOIA and, upon
SEQUOIA's request, Customer returns the Non-Complying Product to SEQUOIA for modification, replacement or a refund of
the purchase price paid by Customer to SEQUOIA for the Non-Complying Product, less a reasonable allowance for
Customer's use prior to return.
4. Exclusive Warranties
THE WARRANTIES SET FORTH IN PARAGRAPH 1 ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED. SEQUOIA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED
(INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING, OR USAGE OF TRADE) OTHER THAN THOSE SPECIFICALLY SET FORTH IN PARAGRAPH 1.
5. Exclusive Remedies
CUSTOMER'S RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 2 AND 3 ABOVE ARE EXCLUSIVE AND IN
LIEU OF ANY AND ALL OTHER RIGHTS AND REMEDIES FOR ANY BREACH OF OR OTHER FAILURE TO COMPLY
WITH ANY WARRANTY WITH REGARD TO ANY PRODUCT.
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