Luminex MAGPIX Installation and Hardware User (IVD) - Manual (Page 3)

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 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