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Appendix A Warranty
A-2 Applied Biosystems
A
not warrant that the operation of the instrument or software will
be uninterrupted or error free. Applied Biosystems will provide
any software corrections or “bug-fixes”, if and when they
become available, for a period of ninety (90) days after
installation.
Warranty period
effective date
Any applicable warranty period under these sections will begin
on the date of installation, but no later than three (3) months
from the date of shipment, for software installed by Applied
Biosystems personnel, unless that date has been delayed at
the buyer’s request, but in no event later than thirty (30) days
after shipment. In that case, and for all hardware and software
installed by the buyer, and for all other products, the applicable
warranty period begins the date the component is delivered to
the buyer. For software installed by the buyer or any person
other than Applied Biosystems, the applicable warranty period
will begin the date the product is delivered to the buyer.
Warranty claims Warranty claims must be made within the applicable warranty
period or, for chemicals or other consumable products, within
thirty (30) days after receipt by the buyer.
Warranty
exceptions
The above warranties do not apply to defects resulting from
misuse, neglect, or accident, including without limitation:
operation outside of the environmental or use specifications or
not in conformance with the instructions for the instrument
system, software, or accessories; performance of improper or
inadequate maintenance by the user; installation of software
or interfacing not supplied by Applied Biosystems; and
modification or repair of the instrument or the software not
authorized by Applied Biosystems.
THE FOREGOING PROVISIONS SET FORTH APPLIED
BIOSYSTEMS SOLE AND EXCLUSIVE
REPRESENTATIONS, WARRANTIES, AND OBLIGATIONS
WITH RESPECT TO ITS PRODUCTS, AND APPLIED
BIOSYSTEMS MAKES NO OTHER WARRANTY OF ANY
KIND WHATSOEVER, EXPRESSED OR IMPLIED,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WHETHER ARISING FROM A STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED.