Appendix A Warranty
A
Warranty period effective dateWarranty claimsWarranty exceptionsnot warrant that the operation of the instrument or software will be uninterrupted or error free. Applied Biosystems will provide any software corrections or
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 must be made within the applicable warranty period or, for chemicals or other consumable products, within thirty (30) days after receipt by the buyer.
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.