Bio-Rad EXQuest Spot Cutter User Manual

Page 561

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LIMITED WARRANTY AND REMEDIES

BIO-RAD warrants the media on which the Program is furnished to be free from defects in
materials and workmanship under normal use for a period of ninety (90) days from the date of
delivery to you as evidenced by a copy of your receipt. This warranty is limited to you and is
not transferable.

During the 90 day warranty period, BIO-RAD shall (a) replace any media item not meeting the
foregoing warranty and which is returned to BIO-RAD or an authorized BIO-RAD dealer
("Authorized Dealer") with a copy of your receipt; or (b) if BIO-RAD of the Authorized Dealer
is unable to deliver a replacement media item which is free of defects in materials or
workmanship, you may terminate this Agreement by returning the Program, and you money
shall be refunded.

The following warranty does not extent to any media item which has been damaged as a result
of accident, misuse, abuse, or as a result of service or modification by anyone other than BIO-
RAD or an Authorized Dealer.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PROGRAM IS PROVIDED "AS IS"
AND NO OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED, ARE MADE WITH
RESPECT TO THIS PROGRAM, INCLUDING, WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BIO-RAD WITHOUT LIMITATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT
STATED HEREIN. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM SHOULD THE PROGRAM PROVE DEFECTIVE.
YOU AND NOT BIO-RAD OR AN AUTHORIZED DEALER ASSUME THE ENTIRE
COST OF NECESSARY SERVICING REPAIR OR CORRECTION. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.

BIO-RAD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE
PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME
RESPONSIBILITY FOR THE SELECTION OF THE PROGRAM TO ACHIEVE YOUR
INTENDED RESULTS, AND FOR THE INSTALLATION, USE AND RESULTS
OBTAINED FROM THE PROGRAM.

YOUR SOLE REMEDIES AND BIO-RAD’S ENTIRE LIABILITY ARE SET FORTH
ABOVE, IN NO EVENT WILL BIO-RAD BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, LOST
SAVINGS OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE

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