Luminex No Top Plate (NTP) Swivel Base Installation and User Manual - Manual (Page 3)

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Standard Terms and Conditions For Use of Instrument 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 - THIS WARRANTY IS APPLICABLE FOR PARTS AND SERVICE FOR LUMINEX
INSTRUMENTS PURCHASED DIRECTLLY FROM LUMINEX TO BUYER AND ONLY TO THE
EXTENT SUCH INSTRUMENTS ARE LOCATED IN NORTH AMERICA AND THE COUNTRIES
THAT COMPRISE THE EUROPEAN UNION. LUMINEX MAKES NO WARRANTY, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS SOLD, DISTRIBUTED, LOCATED OR
USED OUTSIDE OF NORTH AMERICA OR THE COUNTRIES COMPRISING THE EUROPEAN
UNION. PRODUCTS SOLD OUTSIDE OF NORTH AMERICA OR THE COUNTRIES
COMPRISING THE EUROPEAN UNION ARE SOLD ONLY ON AN "AS IS, WHERE IS" BASIS.
NOTWITHSTANDING THE FOREGOING, LUMINEX SHALL PROVIDE BUYER A WARRANTY ON
FIELD SERVICE PARTS PROCURED FROM LUMINEX FOR MAINTENANCE OF LUMINEX
INSTRUMENTS IN ALL COUNTRIES IN THE WORLD AND PER THE TERMS AND CONDITIONS
HEREIN. TO THE EXTENT THAT THE FOREGOING DISCLAIMERS ARE INVALID OR
UNENFORCEABLE UNDER THE LAWS OF ANY JURISDICTION, THE WARRANTY,
DISCLAIMER, LIMITATION OF LIABILITY AND OTHER PROVISIONS SET FORTH BELOW
SHALL THEREUPON BE EFFECTIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW.
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 ANY 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