Luminex IS Version 2.3 - Manual (Page 3)

Standard Terms and Conditions For Use of Product
By opening the packaging containing this product ("Product") or by using such Product in any manner,
you are consenting and agreeing to be bound by the following terms and conditions. You are also agree-
ing that the following terms and conditions constitute a legally valid and binding contract that is enforce-
able against you. If you do not agree to all of the terms and conditions set forth below, you must
promptly return the Product for a full refund prior to using them in any manner.
1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE
TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT
THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING
UPON LUMINEX CORPORATION ("LUMINEX") UNLESS AGREED TO IN WRITING AND
SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LUMINEX. For purposes of this agree-
ment, "Seller" shall mean the Luminex authorized reseller that sells the Product to Buyer. Buyer, by
accepting the Product shall be deemed to have assented to the terms and conditions set forth herein,
notwithstanding any terms contained in any prior or later communications from Buyer and whether or
not Seller shall specifically or expressly object to any such terms.
2. Warranties - Any warranty obligations for the Product shall be exclusively provided in writing to
Buyer directly by Seller. LUMINEX MAKES NO WARRANTY WHATSOEVER REGARDING
THE PRODUCT AND LUMINEX SPEFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE. NEITHER SELLER NOR LUMINEX SHALL IN ANY
EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF
ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCT, EVEN IF
SELLER OR LUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF WORK IN PROGRESS,
DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF
PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD
PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE,
DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY
OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS
CAUSED BY SELLER'S GROSS NEGLIGENCE.
3. Buyer's Use of Product -Buyer agrees that no rights or licenses under Luminex's patents shall be
implied from the sale of the Product, except as expressly provided herein, and Buyer does not receive
any right under Luminex's patent rights hereunder. Buyer acknowledges and agrees that the Product
is sold and licensed only for use with Luminex's standard fluorescently dyed microspheres. Buyer
further acknowledges that the Product have not received approval from the United States Food and
Drug Administration or other federal, state or local regulatory agencies and have not been tested by
Seller or Luminex for safety or efficacy in food, drug, medical device, cosmetic, commercial or any
other use, unless otherwise stated in Seller's technical specifications or material data sheets furnished
to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test and use any
Product in accordance with the practices of a reasonable person who is an expert in the field and in
strict compliance with the United States Food and Drug Administration and all applicable domestic
and international laws and regulations, now and hereinafter enacted.