5982r12 ThermoFisher Ebro Warranty-V
5982r12 ThermoFisher Ebro Warranty-V
5982r12 ThermoFisher Ebro Warranty-V
Seller warrants that the Products will be made in accordance with the Deliv- and materials rates. If Seller provides
operate or perform substantially in ery provisions of the Seller’s Terms and repair services or replacement parts
conformance with Seller's published Conditions of Sale. Consumables are that are not covered by this warranty,
specifications and be free from de- expressly excluded from this warranty. Buyer shall pay Seller therefor at Sell-
fects in material and workmanship, If Seller elects to repair defective medi- er's then prevailing time and materials
when subjected to normal, proper and cal device instruments, Seller may, in its rates.
intended usage by properly trained sole discretion, provide a replacement
personnel, for two (2) years from the loaner instrument to Buyer as neces- ANY INSTALLATION, MAINTENANCE,
date of shipment to Buyer and five sary for use while the instruments are REPAIR, SERVICE, RELOCATION OR
(5) years from the date of shipment to being repaired. Notwithstanding the ALTERATION TO OR OF, OR OTHER
Buyer for the motor and refrigeration foregoing, Products supplied by Sell- TAMPERING WITH, THE PRODUCTS
units (the "Warranty Period"). During er that are obtained by Seller from an PERFORMED BY ANY PERSON OR
the Warranty Period, Seller agrees, in original manufacturer or third party ENTITY OTHER THAN SELLER WITH-
its sole discretion, to repair or replace supplier are not warranted by Seller, OUT SELLER'S PRIOR WRITTEN AP-
Products and/or provide additional but Seller agrees to assign to Buyer PROVAL, OR ANY USE OF REPLACE-
parts or services as reasonably nec- any warranty rights in such Product MENT PARTS NOT SUPPLIED BY
essary to cause the Products to per- that Seller may have from the original SELLER, SHALL IMMEDIATELY VOID
form in substantial conformance with manufacturer or third party supplier, to AND CANCEL ALL WARRANTIES
said published specifications; provided the extent such assignment is allowed WITH RESPECT TO THE AFFECT-
that Buyer shall (a) promptly notify Sell- by such original manufacturer or third ED PRODUCTS. THE OBLIGATIONS
er in writing upon the discovery of any party supplier. CREATED BY THIS WARRANTY TO
defect, which notice shall include the REPAIR OR REPLACE A DEFECTIVE
product model and serial number (if In no event shall Seller have any obli- PRODUCT SHALL BE THE SOLE
applicable) and details of the warranty gation to make repairs, replacements REMEDY OF BUYER IN THE EVENT
claim; and (b) after Seller’s review, Sell- or corrections required, in whole or in OF A DEFECTIVE PRODUCT. EXCEPT
er will provide Buyer with service data part, as the result of (i) normal wear AS PROVIDED HEREIN, SELLER DIS-
and/or a Return Material Authorization and tear, (ii) accident, disaster or event CLAIMS ALL OTHER WARRANTIES,
(“RMA”), which may include biohazard of force majeure, (iii) misuse, fault or WHETHER EXPRESS OR IMPLIED,
decontamination procedures and other negligence of or by Buyer, (iv) use of ORAL OR WRITTEN, WITH RESPECT
product-specific handling instructions, the Products in a manner for which TO THE PRODUCTS, INCLUDING
then, if applicable, Buyer may return they were not designed, (v) causes WITHOUT LIMITATION ALL IMPLIED
the defective Products to Seller with all external to the Products such as, but WARRANTIES OF MERCHANTABILI-
costs prepaid by Buyer. Seller further not limited to, power failure or electri- TY OR FITNESS FOR ANY PARTICU-
reserves the right, in its sole discretion, cal power surges, (vi) improper stor- LAR PURPOSE. SELLER DOES NOT
to extend any Warranty Period if at the age and handling of the Products or WARRANT THAT THE PRODUCTS
time that the Warranty Period would (vii) use of the Products in combination ARE ERROR-FREE OR WILL ACCOM-
otherwise expire, there are ongoing with equipment or software not sup- PLISH ANY PARTICULAR RESULT.
concerns regarding a Product’s con- plied by Seller. If Seller determines that
formance to the warranty stated here- Products for which Buyer has request-
in. Replacement parts may be new or ed warranty services are not covered
refurbished, at the election of Seller. All by the warranty hereunder, Buyer shall
replaced parts shall become the prop- pay or reimburse Seller for all costs of
erty of Seller. Shipment to Buyer of re- investigating and responding to such
paired or replacement Products shall request at Seller's then prevailing time
© 2019 Thermo Fisher Scientific Inc. All rights reserved. All trademarks are the property of Thermo Fisher Scientific and its subsidiaries unless otherwise specified.
WRTYGPPROSORVALL 0719
Thermo Scientific™ Fiberlite™ composite Thermo Fisher Scientific will, at its dis- DISCLAIMER
rotors (Products) are manufactured to cretion, repair or replace the rotor and IT IS EXPRESSLY AGREED THAT THE
be direct replacements of conventional will assume the cost paid for repairing ABOVE LIMITED WARRANTY STATES
rotors and to run in certain existing the damaged centrifuge. THERMO FISHER SCIENTIFIC’S EN-
models of Thermo Scientific centri- TIRE AND EXCLUSIVE LIABILITY
fuges. Composite rotors are designed CONDITIONS AND BUYER’S EXCLUSIVE REMEDY
and tested to specifications exceeding 1. This warranty may not be assigned, FOR ANY CLAIM OR DAMAGES OF
those published by most of the extended or otherwise transferred to GOODS OR PARTS, THEIR DESIGN,
manufacturers of these centrifuges. a third party without the prior written SUITABILITY FOR USE, INSTALLA-
Rotors manufactured of advanced consent of Thermo Fisher Scientific. TION OR OPERATION. THIS LIMITED
composite materials have performance 2. This warranty covers rotor only and WARRANTY SHALL BE IN LIEU OF
characteristics and maintenance Thermo Fisher Scientific shall not be ALL OTHER EXPRESS OR IMPLIED
requirements that are different from liable for damage to metal compo- WARRANTIES, INCLUDING BUT
rotors of metallic construction. The nent parts, accessories, or ancillary NOT LIMITED TO THE WARRANTY
owners are strongly urged to read the supplies including but not limited OF FITNESS AND THE WARRANTY
instruction manual to familiarize them- to knobs, hubs, buckets, seals, OF MERCHANTABILITY, WHICH ARE
selves with these requirements. Failure o-rings, bottles and tubes, bot- HEREIN EXPRESSLY DISCLAIMED.
to follow the instructions may void the tle and tube caps, bottle and tube FURTHERMORE, THERMO FISHER
limited warranty provided below. adapters, or bottle and tube con- SCIENTIFIC SHALL HAVE NO LIABIL-
tents. ITY FOR SPECIAL OR CONSEQUEN-
LIMITED WARRANTY 3. This warranty is void if the rotor is TIAL DAMAGES OF ANY KIND WHAT-
Subject to the conditions specified be- operated or maintained in a manner SOEVER, INCLUDING BUT NOT
low, all Fiberlite centrifuge rotors are contrary to the instructions in the LIMITED TO LOST PROFITS, ARISING
warranted against defects of material User’s manual for either the rotor or OUT OF THE MANUFACTURE, USE,
and workmanship which develop for the centrifuge, or if the rotor is mod- SALE, HANDLING, REPAIR, MAIN-
fifteen (15) years (“Warranty Period”) ified without the written permission TENANCE, OR REPLACEMENT OF
after delivery by us or by an authorized of Thermo Fisher Scientific. THE PRODUCT; AND, EXCEPT AS
distributor, provided that investiga- OTHERWISE PROVIDED IN THIS LIM-
tion and factory inspection by Thermo ROTOR REPLACEMENT ITED WARRANTY, THERMO FISHER
Fisher Scientific discloses that such Any rotor claimed to be defective SCIENTIFIC’S LIABILITY SHALL NOT
defect developed under normal and must, if requested by Thermo Fisher UNDER ANY CIRCUMSTANCES EX-
proper use, such use including, but Scientific, be returned to the factory, CEED THE CONTRACT PRICE FOR
not limited to, speeds not in excess of transportation charges prepaid, and THE PRODUCTS FOR WHICH LIABIL-
the maximum speed of the rotor (prop- will be returned to the owner transpor- ITY IS CLAIMED.
erly reduced for certain fluid densities, tation charges collect unless the prod-
fluid gradients, tube assemblies, and uct is found to be defective, in which
adapters) as specified in the instruc- case Thermo Fisher Scientific will pay
tion manual. Thermo Fisher Scientific all transportation charges.
will correct either by repair or, at its
discretion, by replacement any defects
of material or workmanship which
develop within the Warranty Period.
Furthermore, should a centrifuge be
damaged due to the failure of a Fiberlite
rotor covered by this limited warranty,
© 2019 Thermo Fisher Scientific Inc. All rights reserved. All trademarks are the property of Thermo Fisher Scientific and its subsidiaries unless otherwise specified.
WRTYGPPROSORVALL 0719
© 2019 Thermo Fisher Scientific Inc. All rights reserved. All trademarks are the property of Thermo Fisher Scientific and its subsidiaries unless otherwise specified.
WRTYGPPROSORVALL 0719