AZURE BIOSYSTEMS STANDARD PRODUCT WARRANTY
Azure Biosystems warrants that Azure Biosystems manufactured equipment will be free of any defect in materials or workmanship for the period of (1) year. Warranty begins from the date of shipment from Azure Biosystems or from an authorized Azure Biosystems distributor. Azure Biosystems allows an additional 30 day grace period to the end user to allow for passage through Azure Biosystem’s distribution channel. The warranty is extended to end-users and applies to all Azure Biosystems manufactured equipment purchased, installed, and used for the purpose for which such equipment was designed. This warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature, or improper installation or repairs made by anyone other than Azure Biosystems or an Azure Biosystems authorized third-party service provider. Azure Biosystems reserves the right to substitute functionally equivalent new or serviceable used parts.
WARRANTY CLAIMS AND PROCEDURES
1. During the applicable Standard Equipment Warranty Period outlined above, customers sole and exclusive remedy for any breach of the Standard Equipment Warranty will be, at Azure Biosystems sole discretion and option, the repair or replacement of the defective product. Azure Biosystems product(s) that customer claims to be defective must be available to Azure Biosystems for inspection and evaluation. To be entitled to rights under the Standard Equipment Warranty, the customer must notify Azure Biosystems service or support personnel, in writing within thirty (30) days after discovering a suspected defect in any product, but in any event prior to the expiration of the applicable Standard Equipment Warranty Period. Notification reaching Azure Biosystems service or support personnel through an authorized distributor is considered notice to Azure Biosystems. Following receipt of any such customer notice, Azure Biosystems will determine whether the reported problem is covered by this Standard Equipment Warranty. If Azure Biosystems determines that the problem is covered, Azure Biosystems will authorize repair or replacement of the defective product, as deemed appropriate by Azure Biosystems in its sole discretion. In such cases Azure Biosystems will issue a Return Authorization Number to track shipment of the defective product to Azure Biosystems or its authorized service representative for repair or replacement.
2. Before shipping any product to Azure Biosystems, the customer must obtain a written return authorization number from Azure Biosystems, and provide any proof of warranty eligibility requested by Azure Biosystems. Any product received by Azure Biosystems without a return authorization may, at Azure Biosystems option, be returned to the customer collect. Once a return authorization is obtained, the customer is responsible for packing and shipping the product/component to which its warranty claim relates to a service facility designated by Azure Biosystems, within thirty (30) days after receipt of the return authorization.
3. Azure Biosystems may at its discretion provide temporary replacement equipment to the customer during the repair period. Upon receipt of replacement equipment (or part thereof), customer has thirty (30) days to tender the defective equipment (or part thereof) to the return carrier for shipment to the service center designated by Azure Biosystems. If customer does not timely return the defective equipment (or part thereof), Azure Biosystems shall invoice customer for the list price of such equipment (or part thereof), plus applicable shipping. Such failure to return the replacement equipment (or part thereof) may, at Azure Biosystems discretion, be grounds for termination of the warranty and/or suspension of any future advance exchange privileges until such outstanding defective equipment has been returned.
4. Azure Biosystems will provide customer with new, rebuilt, refurbished or alternate equipment (or part thereof) of equal or improved quality, as exchange equipment (or part thereof) to replace eligible defective equipment (or part thereof). Any alternate equipment (or part thereof) will meet or exceed the specifications of the replaced equipment (or part thereof). Rebuilt or refurbished equipment may bear cosmetic blemishes that do not affect performance. Unless otherwise specified by Azure Biosystems in writing, repaired or replaced equipment (or parts thereof) are covered only for the remainder of the term of the applicable Standard Equipment Warranty. All defective equipment (or parts thereof) replaced by Azure Biosystems become the property of Azure Biosystems. Azure Biosystems has no obligation to (i) service, exchange or otherwise replace any equipment (or part thereof) that has been damaged, modified, abused, misused or over-used as determined by Azure Biosystems or has been used with non- Azure Biosystems supplies or products that have caused damage or malfunction; (ii) paint, refinish, refurbish, restore or exchange any equipment (or part thereof) with cosmetic blemishes; (iii) service, exchange or otherwise replace any equipment (or part thereof) if the same would interfere with, impede or be redundant with normal or scheduled maintenance of such equipment (or part thereof); (iv) provide any 3rd party application software support or service involving application hardware or replace any accessories. If Azure Biosystems elects to perform any such services at customers request, then such services will be deemed a service call and all labor, parts and materials used for the service call will be charged at Azure Biosystems then-prevailing rates.
EQUIPMENT WARRANTY EXCLUSIONS
Azure Biosystems does not warrant or guarantee, and is not responsible for: defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of Azure Biosystems control, or (B) customers abuse, mishandling, misuse, negligence, improper storage, servicing or operation, or (C) unauthorized attempts to repair or alter the equipment in any way, or (D) alterations and/or modifications to any part of Azure Biosystems product, without Azure Biosystems written authorization unconditionally voids the Azure Biosystems Standard Warranty, or (D) equipment built to customers specifications that are later found not to meet customers needs or expectations. or (E) the performance of the equipment when used in combination with equipment not purchased, specified, or approved by Azure Biosystems.
The Azure Biosystems Warranty applies to the end user, and is not transferrable. Used Equipment. IF THE EQUIPMENT SPECIFIED IN AN ORDER IS DESCRIBED AS USED, UNLESS OTHERWISE AGREED IN WRITING BY THE PARTIES, IT IS SOLD AS IS AND WITH NO WARRANTY.
Azure Biosystems warrants that all service actions performed by Azure Biosystems service personnel will be performed in a professional manner (the Services Warranty). Notice of a breach of the Services Warranty must (i) specify in reasonable detail, the nature of the claim, and (ii) be received within ninety (90) days from the last day of performance of the services. Upon notice of a breach of the services warranty and Azure Biosystems determination of the validity of such breach of the Services Warranty, Azure Biosystems will re-perform the applicable services at Azure Biosystems expense.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THIS STANDARD WARRANTY POLICY STATEMENT, AZURE BIOSYSTEMS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION ON LIABILITY NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL AZURE BIOSYSTEMS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, WHETHER ARISING IN CONTRACT, TORT, WARRANTY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF AZURE BIOSYSTEMS LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE AZURE BIOSYSTEMS EQUIPMENT OR SOFTWARE LICENSES SOLD TO CUSTOMER AND WARRANTED HEREUNDER, AZURE BIOSYSTEMS PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY POLICY STATEMENT, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY AZURE BIOSYSTEMS FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE. GOVERNING LAW AND JURISDICTION.