Charm Sciences, Inc. Limited Reagent Warranty and Limited One-Year Equipment Warranty

Charm Sciences, Inc. Limited Reagent Warranty

Charm Sciences, Inc. (“Charm”) warrants each reagent product, including but not limited to test kits, to be free from defects in materials and workmanship and to be free from deviations from the specifications and descriptions of Charm’s reagent products appearing in Charm’s product literature, when stored under appropriate conditions and given normal, proper and intended usage, until the expiration of such reagent product’s stated shelf life, or, if none is stated, for one year from the date of delivery of such reagent product to the end-user purchaser. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED (INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). The warranty provided herein may not be altered except by express written agreement signed by an officer of Charm. Representations, oral or written, which are inconsistent with this warranty are not authorized and if given, should not be relied upon.

In the event of a breach of the foregoing warranty, Charm’s sole obligation shall be to replace any reagent product or part thereof that proves defective in materials or workmanship within the warranty period, provided the customer notifies Charm promptly of any such defect prior to the expiration of said warranty period. The exclusive remedy provided herein shall not be deemed to have failed of its essential purpose so long as Charm is willing to replace any nonconforming reagent product or part. Charm shall not be liable for consequential, incidental, special or any other indirect damages resulting from economic loss or property damages sustained by any customer from the use of its reagent products. Except for Charm’s obligation set forth above to replace any reagent product that proves defective within the warranty period, Charm shall not be liable for any damages of any kind arising out of or caused by any incorrect or erroneous test results obtained while using any such reagent product, whether or not caused by a defect in such reagent product.

Charm Sciences, Inc. Limited One-Year Equipment Warranty

  1. WARRANTY; LIMITATION OF REMEDIES: (a) Charm Sciences, Inc. (“Charm”) warrants this product to be free from defects in materials and workmanship and to be free from deviations from the specifications and descriptions of Charm’s products appearing in Charm’s product literature, based upon normal use. The warranty periods are, from the date of delivery:

Days from Date of Delivery

Warranty Coverage

1-30

New replacement unit, shipping

31-90

Parts and labor, shipping

91-180

Parts and labor

181-365

Parts only

  1. Charm shall undertake to correct any such defects in material or workmanship that exist or appear during the warranty periods, provided, however, that Charm shall have no obligation or liability under this warranty unless Charm has been notified of such defect no later than thirty (30) days after such defect is first discovered and, in any case, no later than one year from the date the equipment is shipped to Buyer. Buyer will provide Charm with an opportunity to inspect and test the goods claimed to be defective. Remedial action under this warranty shall require only that Charm at Charm’s option, repair or modify the equipment, or replace the same. (b) The foregoing provisions of this paragraph set forth and constitute Charm’s sole obligation and liability and Buyer’s exclusive remedy under this warranty. Charm’s liability shall immediately cease if the seal is broken or the equipment is (i) subjected to accident, misuse, negligence, alteration, improper repair, servicing or maintenance, (ii) installed or used contrary to local, state or federal laws, codes or regulations, (iii) used contrary to Charm warnings, instructions or recommendations or contrary to the purpose or manner for which it was designed, or (iv) used with swabs, reagents or other parts or accessories other than those supplied by Charm. In addition, Charm will have no liability if the alleged breach of warranty is due to incomplete information supplied by Buyer or his representative to Charm or if the alleged breach of warranty is due to dirt, debris or other contamination of the equipment. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, IMPLIED (INCLUDING WARRANTIES FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE). Buyer represents that it alone has determined that the equipment purchased is suitable for and will meet the requirements of its intended use.
  2. LIMITATION OF LIABILITY; INDEMNIFICATION: Charm’s liability on any claim of any kind, whether based in contract, warranty or tort (including negligence, failure to warn or strict liability) or otherwise, for any expense, injury, loss or damage arising out of, or connected with, or resulting from the design, manufacture, sale, delivery, resale, installation, inspection, repair, reconditioning, operation or use of any product, shall in no case exceed the contract price of that product. In no event shall Charm be liable for any special, indirect or consequential damages. In the event the product is: (i) subjected to abuse, misuse, alteration, improper repair, servicing or maintenance, or modified without the prior consent of Charm; (ii) installed or used contrary to local, state or federal laws, codes or regulations; (iii) used contrary to Charm’s warnings, manuals or recommendations, or (iv) used with swabs, reagents or other parts or accessories other than those supplied by Charm, Buyer expressly agrees to defend, indemnify and hold Charm harmless from and against all claims, whether based in contract, warranty, or tort (including negligence, failure to warn, or strict liability), losses, expenses, damages, and liabilities which may arise out of the use or alleged use of the equipment to the extent caused by Buyer’s negligence.
  3. AMENDMENTS: The warranty provided herein may not be altered except by express written agreement signed by an officer of Charm. Representations, oral or written, which are inconsistent with this warranty are not authorized and if given, should not be relied upon.

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