Luminex xPONENT 3.1 Rev 2 - 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 agreeing that the following terms and conditions constitute a legally valid and
binding contract that is enforceable 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 agreement, “Seller”
shall mean either Luminex, if the Product is purchased directly from Luminex, or a Luminex
authorized reseller. 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
Notwithstanding Buyer's acceptance thereof, if Product is purchased directly from Luminex,
Luminex warrants that for a period of twelve (12) months from date of delivery that the
Product shall conform in all material respects with the Product Specifications provided by
Luminex with the Product. The warranty provided herein specifically excludes any software or
hardware not provided by Luminex. If Product is purchased from a Luminex authorized
reseller, any warranty obligations shall be provided in writing directly by such Luminex
authorized reseller to Buyer. THIS WARRANTY IS EXCLUSIVE AND LUMINEX MAKES NO
OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Seller's warranties made in connection with this sale shall not be effective if
Seller has determined, in its sole discretion, that Buyer has misused the Product in any
manner, has failed to use the Product in accordance with industry standards or practices or
has failed to use the Product in accordance with instructions, if any, furnished by Seller.
BUYER'S EXCLUSIVE REMEDY WITH RESPECT TO PRODUCT PROVED TO SELLER'S
SATISFACTION TO BE DEFECTIVE OR NONCONFORMING SHALL BE REPAIR OR
REPLACEMENT OF SUCH PRODUCTS WITHOUT CHARGE OR REFUND OF THE
PURCHASE PRICE, IN SELLER'S SOLE DISCRETION, UPON THE RETURN OF SUCH
PRODUCTS IN ACCORDANCE WITH SELLER'S INSTRUCTIONS BELOW. 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
xPONENT ® 3.1 Rev. 2
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