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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 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.
11.2
Trademarks
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MACS, MACSima, MACSQuant, MACSQuantify, and the Miltenyi Biotec logo are either registered trademarks or
trademarks of Miltenyi Biotec and/or its affiliates in various countries worldwide.
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