Miltenyi Biotec's warranty does not cover products sold AS IS or WITH ALL FAULTS, or which had its serial
number defaced, altered or removed, or any consumables, or parts identified as being supplied by a third party.
Miltenyi Biotec must be informed promptly if a claim is made under this limited warranty. If a material or
manufacturing defect occurs within the Warranty Period, Miltenyi Biotec will take the appropriate steps, at
Miltenyi Biotec's option, to make repairs, replacements or corrections to the product or any component thereof
as may be required to restore the full usability of your product. If Miltenyi Biotec determines that a product for
which you have requested warranty services is not covered by the warranty hereunder, you shall pay or
reimburse Miltenyi Biotec for all costs of investigating and responding to such request at Miltenyi Biotec's then
prevailing time and materials rates. If Miltenyi Biotec provides repair services or replacement parts that are not
covered by this warranty, you shall pay Miltenyi Biotec therefor at Miltenyi Biotec's then prevailing time and
materials rates.
THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT
ARE EXCLUSIVE AND SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT
AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, MILTENYI BIOTEC HEREBY DISCLAIMS ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCT, INCLUDING
WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. MILTENYI BIOTEC DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR WILL ACCOMPLISH
ANY PARTICULAR RESULT.
UNDER NO CIRCUMSTANCES WILL MILTENYI BIOTEC BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF
BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF MILTENYI BIOTEC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF MILTENYI BIOTEC HEREUNDER
EXCEED THE GREATER OF 100.00 EUROS OR THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE
8
TO SUCH LIABILITY, REGARDLESS OF THE CAUSE OF ACTION, IN CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE.
NOT ALL JURISDICTIONS ALLOW SUCH LIMITATIONS OF DAMAGES SO THE FOREGOING LIMITATIONS MAY NOT
APPLY TO YOU. This warranty statement gives you specific legal rights and you may have other rights, which
may vary from jurisdiction to jurisdiction.
8.2
Trademarks
MACS, MACSQuant, MACSQuantify, Tyto, the Tyto logo, and the Miltenyi Biotec logo are either registered
trademarks or trademarks of Miltenyi Biotec and/or its affiliates in various countries worldwide. All other
trademarks mentioned in this document are the property of their respective owners and are used for
identification purposes only.
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