Luminex xPONENT for MAGPIX - Manual (Page 4)

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
N
O 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
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.
In the event that Product is located outside of North America or the European Union and fails
to conform to the warranty set forth herein, during the warranty period: (i) Buyer shall notify
Luminex in a timely manner in writing that such Product failed to conform and shall furnish a
detailed explanation of any alleged nonconformity; (ii) Buyer at it's expense will contract
either Luminex or a Luminex trained service engineer to assess the issue and identify the
defective FS-PART; and (ii) at Luminex's option and election, Buyer shall either return such
nonconforming Product to Luminex's manufacturing facility or destroy such Product and
provide Luminex with written certification of destruction. In the event that a FS-PART is
returned to Luminex's manufacturing facility, Luminex may analyze such FS-PART for
defects. In the event that Luminex determines that such FS-PART is not defective, the FS-
PART shall be shipped to Buyer then Buyer shall be responsible for the payment for such FS-
PART and related shipping charges. Furthermore, in the event that Luminex determines that
such FS-PART is defective then Luminex shall be responsible for the payment for such FS-
PART and related shipping charges. Except as expressly provided herein, Buyer shall not
have the right to return a Product to Luminex without Luminex's prior written consent.
3. Buyer's Use of Product
Buyer shall not use this Product for any commercial purpose, including without limitation
performance of testing services, unless expressly agreed to in writing by Luminex or as
specifically authorized by Luminex through a Luminex distributor. 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 or as specifically agreed to in writing by Luminex, and Buyer does
not receive any right under Luminex's patent rights hereunder. Buyer acknowledges and
agrees that the Product are sold and licensed only for use with Luminex's laser based
fluorescent analytical test instrumentation. Buyer further acknowledges that, unless otherwise
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