Limited Warranty Document
Contents
1. will govern the contract unless some other resolution is specified in the award document Except as otherwise provided by an express warranty BFDX will not be liable to the United States Government or any of its agencies employees or agents in a breach of warranty action for consequential damages resulting from any defect or deficiencies in accepted items In the event that the terms of BFDX s Limited Warranty limitation of liability clause s place greater limits on BFDX s liability than do the terms contained in this clause the terms of this clause will govern the contract For more information regarding BFDX s Limited or Extended Warranties or to receive a quote for coverage on Your Instrument please contact us at 1 800 735 6544 Be sure to have the serial number of Your Instrument when requesting a quote BIO FIRE 390 Wakara Way Salt Lake City Utah USA 1 801 736 6354 www BioFireDX com MRKT PRT 0050 052. ARRANTY SERVICE FOR AN INSTRUMENT In order to obtain warranty service for an Instrument please contact BFDX s Customer Support Department in Salt Lake City Utah United States at 800 735 6544 801 736 6354 or via email at support biofiredx com for a return material authorization RMA which will be issued only after Customer provides problem diagnostic information to BFDX and follows BFDX s problem resolution instructions Upon receipt of a return material authorization Customer must ship the BFDX Instrument or defective component thereof to BFDX BFDX will pay all costs associated with shipping and return shipping of the Instrument during the first twelve months that Customer owns the Instrument HOWEVER CUSTOMER MUST FOLLOW ALL RETURN INSTRUCTIONS Customers outside the U S may be required to seek further information from their authorized distributor 8 HOW WILL BFDX PROVIDE REPAIR SERVICES If Your problem cannot be resolved over the telephone electronically or by remote access BFDX will determine in its sole discretion the most practicable resolution which may include one or more of the following i shipment of new or reconditioned replacement parts to Customer together with appropriate instructions for Customer to install the parts on an exchange basis ii shipment of a new or reconditioned replacement Instrument that is at least functionally equivalent to the original Instrument on an exchange basis iii shipment of a ne
3. BFDX x problems arising from or related to usage which is not in accordance with instructions in the user manual published by BFDX for the BFDX Instrument or Software xi problems arising from or related to failure to perform preventive maintenance as and when recommended by BFDX in the user manual published by BFDX for the BFDX Instrument xii problems arising from or related to installation or execution of Software on any computer other than BIO FIRE 390 Wakara Way Salt Lake City Utah USA 1 801 736 6354 www BioFireDX com MRKT PRT 0050 05 the computer sold by BFDX with the BFDX Instrument or on any computer which contains or runs operating system or applications software other than software loaded or installed at the time of delivery of such computer by BFDX xiii problems arising from any modification of the BFDX Instruments or Software without the prior written consent of BFDX xiv the cost of new or additional equipment devices parts or accessories other than the BFDX Instrument or its component parts to the extent covered under this Limited Warranty or third party software other than the BFDX Software required as a condition of implementing any Software upgrade new version workaround etc 14 WHAT FURTHER LIMITATIONS APPLY AND WHAT LIABILITIES OR DAMAGES ARE EXPRESSLY EXCLUDED Except as expressly set forth above BFDX makes no further or additional representations or warranties of any kind or nature with respect to the Pr
4. Instrument covered by this Limited Warranty and BFDX disclaims responsibility for by way of illustration but not limitation deletion or alteration of the contents of any hard drive or data storage media which may occur during service of an Instrument or related product BFDX is not responsible for i damage to or loss of any programs data or removable storage media or ii the restoration or reinstallation of any programs or data other than software installed by BFDX when the Instrument was originally manufactured 11 HOW DOI RETURN AN ITAR CONTROLLED INSTRUMENT FROM OUTSIDE THE U S OCONUS If an ITAR controlled Instrument is to be returned to BFDX from outside the U S You must follow all steps set forth in Section 10 Failure to follow all instructions can result in a U S export violation potentially necessitating acquiring a further export license Further shipping non compliance may result in a several week delay of the Instrument s return shipment to Customer 12 WHAT ARE BFDX S OBLIGATIONS UNDER THIS LIMITED WARRANTY In the event of any breach of this Limited Warranty i as to Instruments BFDX s sole obligation and Your sole remedy under this Limited Warranty shall be for BFDX to repair or replace the Instrument with new or refurbished parts free of charge at BFDX s principal place of business and ii as to Software or Assays BFDX s sole obligation and Your sole remedy under this Limited Warranty shall be to repair r
5. Standard Limited Warranty for BioFire Diagnostics Inc BFDX Products BEFORE RETURNING YOUR PRODUCT PLEASE READ ALL INSTRUCTIONS CONTAINED HEREIN ALL RETURNS MUST COMPLY WITH THE RETURN INSTRUCTIONS SET FORTH HEREIN AND WITH ALL APPLICABLE EXPORT IMPORT LAWS BY PURCHASING OR LEASING A PRODUCT AS SUCH TERM IS DEFINED BELOW CUSTOMER AGREES TO ALL TERMS CONDITIONS AND OBLIGATIONS CONTAINED IN THIS STANDARD LIMITED WARRANTY 1 DEFINITIONS Assays means the thermal cycling oligonucleotide assays or primers probes or reagents manufactured by BFDX Instrument s means only scientific instruments or devices which are i manufactured by BFDX ii BFDX branded BFDX has affixed its name or trademark s thereon and iii covered by a user manual created by BFDX but specifically excludes Instruments Software and Third Party Items Product means an Assay Instrument and or Software Software means computer applications software which is i licensed by BFDX to Customer ii BFDX branded and iii covered by a user manual created by BFDX Software specifically excludes computer software developed owned or licensed by any party other than BFDX or which otherwise constitutes a Third Party Item Third Party Items means i instruments devices consumables or accessories manufactured by any party other than BFDX such as but not limited to assays centrifuges computers monitors printers or other peripheral
6. accessories or devices even where such products are delivered with the system of which the Instrument is the primary component and ii computer software developed owned or licensed by any party other than BFDX such as but not limited to computer operating system or applications software other than Software installed or loaded on any such computers sold or distributed in connection with the Instrument 2 WHAT IS COVERED BY THIS LIMITED WARRANTY Subject to the terms and conditions herein BFDX warrants that i Instruments shall be materially free from defects in material and workmanship and shall perform substantially in accordance with the Specifications section of the user manual published by BFDX for the applicable Instrument Gii Software will operate when used with the Instrument and properly installed and executed on the computer sold by BFDX with the Instrument substantially in accordance with the Specifications section of the user manual published by BFDX for that version of the Software Gii With respect to BFDX s commercial off the shelf Assays the Assays shall be merchantable and shall conform with the specifications set forth in the applicable product insert iv For Assays specially designed for Customer based on Customer s specifications BFDX will make commercially reasonable efforts consistent with the standard of care then prevailing in its industry in the state in which it maintains its principal manufacturing
7. d and inure to the benefit of Customer s respective successors heirs executors and administrators and permitted assigns 5 HOW LONG IS THE LIMITED WARRANTY PERIOD For Instruments and Software This Limited Warranty covers problems reported to BFDX in writing until the end of the one year period from the date of shipment to the Customer provided that any defective Instrument is received by BFDX no later than thirty 30 days after the date BFDX issues a return material authorization number as required below Instrument repairs and replacements are covered by this Limited Warranty for i ninety 90 days after the date of repair or replacement or ii the remainder of the original warranty period whichever is longer For Assays Assays if properly stored and maintained in BIO FIRE 390 Wakara Way Salt Lake City Utah USA 1 801 736 6354 www BioFireDX com MRKT PRT 0050 05 compliance with BFDX s recommendations shall be covered under this Limited Warranty for the period of time stated on the Assay label 6 HOW DO I REPORT A DEFECTIVE ASSAY If an Assay does not conform with the specifications as warranted in Section 2 please contact BFDX s Customer Support Department in Salt Lake City Utah United States at 800 735 6544 801 736 6354 or via email at support biofiredx com BFDX shall replace unexpired defective Assays or credit the Customer s account for the price paid for the defective Assay 7 HOW DO I OBTAIN LIMITED W
8. eplace or correct such Software or Assays including at BFDX s election replacement with a new version of the Software This Limited Warranty specifically includes labor and materials BFDX will pay all costs associated with shipping and return shipping of the Instrument during the first twelve months that Customer owns the Instrument upon conclusion of the warranty period Customer is responsible for all costs of shipping in transit insurance and related costs of delivery of the Instrument or defective component thereof to BFDX 13 WHAT IS NOT COVERED THIS LIMITED WARRANTY This Limited Warranty expressly excludes i repairs which are not necessitated by operational or mechanical breakdown during normal use ii normal wear and tear not resulting in operational or mechanical breakdown iii decontamination required as a result of use and operation iv theft loss mysterious disappearance or misplacement v cosmetic damage or other damage that does not affect functionality vi damage caused during shipment between Customer and BFDX vii problems arising from or related to misuse neglect accident viruses or reckless abusive willful or intentional conduct viii problems arising from or related to external electrical power sources ix improper maintenance or repair repair or disassembly including partial disassembly by anyone other than BFDX or its authorized representatives or using parts accessories or supplies not provided by
9. facilities to produce scientifically and technically sound Assays subject in all instances to the accuracy completeness and overall quality of specified sequence or other information or materials provided by customer if any and v Assays if properly stored and maintained in compliance with BFDX s recommendations shall be usable for at least that period of time stated on the Assay label 3 WHAT BENEFITS DOES THIS LIMITED WARRANTY PROVIDE Subject to the terms and conditions herein this Limited Warranty provides the following benefits to Customer i Instrument Repairs BFDX will furnish labor parts and or replacement equipment necessary to repair operational or mechanical breakdowns of the Instrument s provided however that such service is necessitated by Instrument failure during normal usage and the Instrument remains as originally configured and charged for in this Limited Warranty Gi Software Upgrades BFDX will provide new versions releases or upgrades of the Software but only if and to the extent made generally available by BFDX to its customers using comparable BFDX manufactured Instruments during the coverage period of this Limited Warranty provided however that BFDX may require that Customer install and use any such Software upgrades as a condition precedent to its continued services under this Limited Warranty ii Optional Instrument Recalibration and Quality Inspection No more than one 1 time during the period of thi
10. oducts Any description of the Products contained on BFDX s website or promotional materials is for the sole purpose of identifying them No affirmation of fact or promise made by BFDX on its website or otherwise shall constitute a warranty that the Products will conform to the affirmation or promise BFDX DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE NONINFRINGEMENT INTEROPERABILITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BFDX DOES NOT WARRANT GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE SOFTWARE IS ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION The entire risk arising out of the use or performance of the Products remains with Customer BFDX shall not be liable for loss of or damage to systems programs or data cost of procurement of substitute goods services or technology or any special indirect incidental consequential or exemplary damages including but not limited to damages for loss of business profits or business interruption based upon principles of contract warranty negligence strict liability or other tort breach of any statutory duty principles of indemnity or contribution or any other theory of liability even if BFDX has been advised of the possibility of such damages Notwithstanding anything to the contrary in this Limited Warranty in no event shall the liability of BFDX whether arising from a claim based on contract warranty tort or otherwise if any
11. ruction and performance of this Limited Warranty shall be governed by the laws of the State of Delaware USA excluding any of its conflict of laws principles or jurisprudence which might refer to the substantive laws of any other jurisdiction Venue for any dispute or proceeding arising from or related to this Limited Warranty shall be exclusively vested in any state or federal court located in Salt Lake County State of Utah USA and each party irrevocably and unconditionally consents to the jurisdiction of such courts and irrevocably and unconditionally waives i any right to trial by jury and ii any claims defenses or objections whether substantive or procedural based upon lack of personal jurisdiction inconvenient venue or the like v YS Except to the extent expressly prohibited by applicable law BFDX and Customer shall be prohibited and hereby irrevocably and unconditionally waives any right to bring any claim demand or cause of action arising from or related to this Limited Warranty more than one 1 year after the expiration of the coverage period of this Limited Warranty 17 U S GOVERNMENT SPECIFIC PROVISIONS BFDX warrants and implies to the U S Government that the Products delivered hereunder are merchantable and fit for use for the particular purpose described in the applicable contract In the event that the terms of BFDX s Limited Warranty conflict with the warranty terms contained in this clause the terms of this clause
12. s Limited Warranty 10 WHAT ACTIONS ARE NECESSARY PRIOR TO RETURNING ANY INSTRUMENT OR PART THEREOF FOR WARRANTY SERVICE Customer must follow the instructions specified by BFDX including without limitation decontamination data backup procedures other procedures specified by BFDX in connection with the RMA and shipping instructions including use of a designated shipper Failure to follow all instructions may result in delay of return shipment of Instrument Before returning any Instrument or part thereof for service Customer must decontaminate the product of all biological chemical or organic materials agents or toxins Customer is solely responsible for shipment of the product to BFDX free of any biological chemical or organic materials agents or toxins and otherwise in accordance with all applicable laws rules and regulations and BFDX reserves the right to refuse delivery or return the product without service if Customer does not strictly comply with this requirement Further Customer is solely responsible for backing up any data on a storage device external to the instrument or product which will enable Customer to reconstruct or recover lost or altered data if necessary and removing any confidential proprietary or personal information BFDX disclaims responsibility for any lost damaged or destroyed software program data or other information stored or residing on any data storage or other media or any part of any product including any
13. s Limited Warranty Customer may return the Instrument as per the instructions set forth below for recalibration recommended maintenance and performance inspection and adjustment to original equipment specifications iv Telephone Support As of the date of this Limited Warranty telephone technical support in accordance with BFDX s normal practices is available only during BFDX s normal business hours which may exclude some holidays and response times will vary by calling BFDX s Customer Support Department At BFDX s election BFDX may offer after hours technical support to Customer under this Limited Warranty Although BFDX is without obligation to do so under this Limited Warranty BFDX currently anticipates offering such after hours technical support when a sufficient number of customers have entered into Limited and or Extended Warranties for comparable Instruments If BFDX elects in its sole discretion to offer after hours technical support to its customers under its Limited Extended Warranties BFDX will extend such after hours technical support to Customer if this Limited Warranty is then still in effect free of charge to Customer but subject to the terms conditions and limitations of this Limited Warranty 4 WHO IS COVERED BY THIS LIMITED WARRANTY The original end user customer You or Customer is the person with rights under this Limited Warranty The Customer s rights and obligations under this Limited Warranty will bin
14. to Customer under this Limited Warranty exceed the actual amount received by BFDX in connection with its sale or distribution of the applicable Product s 15 WHAT WARRANTY APPLIES TO THIRD PARTY ITEMS BFDX extends no warranty and has no liability or obligation with respect to Third Party Items except that BFDX shall and hereby does assign to the extent legally permitted to do so any applicable third party manufacturer warranties to Customer 16 MISCELLANEOUS i Each of the provisions and agreements herein contained shall be binding upon and ensure to the benefit of the parties hereto and their respective legal representatives successors and assigns BFDX may assign its rights and delegate its duties under this Limited Warranty by written notice to Customer ii This Limited Warranty and the related certificate of coverage constitute the entire understanding of the parties hereto with respect to the subject matter hereof No amendment modification rescission or alteration of the terms hereof shall be binding unless the same be in writing dated subsequent to the date hereof and duly approved and executed by BFDX s Sales Department iii Every provision of this Limited Warranty is intended to be severable If any term or provision hereof is illegal or invalid for any reason whatsoever such illegality or invalidity shall not affect the validity of the remainder of this Limited Warranty iv BFDX and Customer agree that the validity const
15. w in service or reconditioned Instrument that is at least functionally equivalent to the original Instrument on a temporary loan basis iv assistance from BFDX s authorized distributors or service technicians or v issuance of a return material authorization RMA for Customer to return the Instrument or defective component thereof for repair or replacement by BFDX BFDX reserves the right to inspect the Instrument or defective component thereof and may use reconditioned or replacement items or parts that are at least functionally equivalent to original manufacturer specifications Upon receipt by Customer of the replacement part or replacement Instrument the original part or Instrument becomes BFDX property and shall be returned by Customer to BFDX Customer shall pay to BFDX the retail value of the replacement part or Instrument if BFDX does not receive the original part within twenty 20 days after Customer s receipt of the replacement part or replacement Instrument 9 WHAT SERVICE RESPONSE TIMES APPLY FOR COVERED SERVICES BFDX will repair or replace the Instrument and deliver the Instrument to a common carrier for return shipment to Customer as promptly as possible and in most cases within ten 10 working days after receipt of the malfunctioning Instrument by BFDX and all required RMA documentation However except for incremental shipping costs as provided above BFDX shall not be liable for any delay in providing services under thi
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