Sensapex Standard Limited Warranty
SENSAPEX LIMITED WARRRANTY
Seller warrants (the “Limited Warranty”) that all Product sold by Seller will conform to Seller’s published specifications therefor and shall be free from defects in materials and workmanship under normal use, handling and service. The Limited Warranty is for one (1) year after the date of shipment. The Limited Warranty is extended to two (2) years with the same terms and free of charge if the product is registered to Seller within 30 days of the delivery.
Seller shall have no obligation under the Limited Warranty or otherwise, and this Limited Warranty does not apply to Products if: (a) Product is identified by Seller as a pre-production product, alpha, beta or similar product or a prototype, (b) Product includes specialized, modified, or customized items meeting the specifications provided by Buyer; (c) Product is used in conjunction with equipment not provided by, or acknowledged as compatible by, Seller; (d) Seller determines that a problem is caused by accident, abuse, misuse, negligence, misapplication, fire, earthquake, flood, other force majeure event, failure of electrical power, the use of unauthorized parts or reagents, or unauthorized repairs or modifications; (e) Seller determines that a problem is caused during or as a result of shipment or relocation; (f) Seller’s serial number has been removed or defaced from the Product; (g) the Product is modified by Buyer or any third party; or (h) a problem arises from or is based on Seller’s compliance with Buyer’s specifications.
To the extent the Product is incorporated into any other instrument or device, Seller makes no representation with respect to the safety, efficacy, accuracy, reliability, use, or fitness for intended purpose of such integrated product. To the extent so incorporated into any other instrument or device, Buyer hereby agrees to indemnify and hold Seller harmless from any claims, suits, liabilities, losses, damages, expenses (including reasonable attorneys’ and experts’ fees and expenses) and costs arising from or relating to any defects in and/or the use of integrated product to comply with any applicable laws or regulations.
Further, Buyer’s rights are subject to Buyer’s compliance with the procedure set forth in paragraph 6 below. Sellers’ sole obligation, and Buyer’s exclusive remedy for any defective Product, shall be limited, at Sellers’ option, to either repairing or replacing, free of charge for materials or labor, any Product which is proved not in compliance with the Limited Warranty during the Warranty Period.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE