Warranty and Service
Subject to the below exceptions and conditions, Beckman Coulter warrants to you that (i) the
Equipment will perform in all material respects in accordance with the applicable operator
manuals, which are available at the Beckman Coulter website, for 12 months upon validation by
Beckman Coulter, (ii) Beckman Coulter reagents provided under this Agreement will conform and
perform in all material respects in accordance with the applicable labeling for the lesser of the
expiration date set forth on such label or 12 months from the delivery date if no date is specified on
such label and (iii) Services will be performed in a workmanlike manner. If a Product defect
develops under normal and proper use during the warranty period, Beckman Coulter will, at
Beckman Coulter's option, and without charge, either repair, during Beckman Coulter's normal
business hours, or replace the non-conforming Product. Your exclusive remedy for missing or
defective Products will be, at Beckman Coulter's option, the repair or replacement by Beckman
Coulter of the Products. The original warranty period will be in effect on any repaired or replaced
Products. If Beckman Coulter replaces any part under this warranty or as a result of any Services
performed, Beckman Coulter will own the replaced part. Your exclusive warranty for Services not
performed in a workmanlike manner will be re-service of the applicable instrument. If a third party
manufactured product is supplied to you pursuant to this Agreement (such as software, printers, or
personal computers), Beckman Coulter assigns to you any rights that may exist under the warranty
provided by the manufacturer. Beckman Coulter does not, however, warrant the performance of
the third party manufactured product or provide any remedy for failure of the third party product
to perform. Your exclusive remedy is any remedy that may exist under the warranty rights passed
through to you under this section.
THE WARRANTIES IN THIS SECTION ARE PROVIDED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, AND ARE YOUR EXCLUSIVE REMEDIES RELATING TO PERFORMANCE OF THE
PRODUCTS OR SERVICES. BECKMAN COULTER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING
WITHOUT LIMITATION, ANY WARRANTY ABOUT THE MERCHANTABILITY OF THE PRODUCTS,
INFRINGMENT OR THEIR FITNESS FOR A PARTICULAR PURPOSE. IF ANY IMPLIED WARRANTIES
APPLY AS A MATTER OF LAW, THEY ARE LIMITED IN DURATION TO THE LENGTH OF THE TERM OF
THE CUSTOMER AGREEMENT.
Please refer to the Customer Agreement for additional terms and conditions.
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