Extended Warranty Plan
Contents
1. BFDX warrants only that its services under the Warranty Plan will be performed in a professional and workmanlike manner con sistent with its standard of care generally prevailing in the state and county in which its principal place of business is located BFDX disclaims all other warranties express or implied regarding the services including the implied warranties of merchantability and fitness for a particular purpose Some state laws do not allow the exclusion of implied warranties Any implied warranties that may be imposed by law are limited in duration to the term of this Warranty Plan Notwithstanding anything herein to the con trary BFDX s maximum liability under this Warranty Plan shall be limited to the total monies paid by Customer for the original purchase price of the Instrument This limita tion shall apply regardless of the form of legal action In the event BFDX replaces the Instrument with a new or reconditioned In strument that is at least functionally equiva lent to original manufacture specifications or reimburses Customer for the original pur chase price minus the cost of prior repairs of the Instrument calculated at BFDX s normal service labor and materials rates BFDX shall have satisfied all of its obligations under this Warranty Plan Repair or replacement of the Instrument cure of the Software or refund of the Warranty Plan price minus the cost of prior repairs are Customer s exclusive rem2. Coverage Peri ods This Warranty Plan is not insurance or a substitute for insurance 4 WHO IS COVERED BY THIS WARRANTY PLAN The original end user customer Custom er or You is the person with rights un der this Extended Warranty The Custom er s rights and obligations under this War ranty Plan will bind and inure to the bene fit of Customer s respective successors heirs executors and administrators and permitted assigns 5 HOW LONG IS THE WARRANTY PLAN PERIOD The Extended Warranty Coverage Period commences on the date of expiration of the Limited Warranty and continues in effect for one year from such date as provided in the Certificate of Coverage If Customer purchases an Extended Warranty after ex piration of the Limited Warranty then the Extended Warranty Coverage Period be gins once the Instrument has been checked and recalibrated by BFDX and shipped back to Customer as per Paragraph 17 6 CAN THE COVERAGE PERIOD BE EXTENDED The Coverage Period can be extended for 390 Wakara Way Salt Lake City Utah 84108 USA 801 736 6354 local e 1 800 735 6544 toll free 801 588 0507 fax BioFireDX com MRKT PRT 0213 07 additional one 1 year Coverage Periods by delivering written notice of renewal to BFDX s Customer Support Department together with the then current renewal premium quoted by BFDX s Customer Support Department provided that the no tice and renewal premium mus
3. shipments in a commercially reasonable manner without obligation to incur any overnight expedit ed or other special handling charges However when repair or replacement is covered under this Warranty Plan if and to the extent BFDX is unable to repair or re place the BFDX instrument and deliver the BFDX lt instrument to a common carrier for return shipment to Customer within ten 10 business days after the later of i its receipt by BFDX or ii receipt by BFDX of all required RMA documents or infor mation from Customer BFDX will pay any incremental costs incurred for expedit ed delivery service to Customer Except for such incremental shipping costs BFDX shall not be liable for any delay in provid ing services under this Warranty Plan 390 Wakara Way Salt Lake City Utah 84108 USA 801 736 6354 local 1 800 735 6544 toll free 801 588 0507 fax BioFireDX com MRKT PRT 0213 07 11 HOW DO I 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 first contact BFDX s Customer Support Department for a return material authorization Customer must follow all shipping instructions provided by BFDX s Customer Support Department including using BFDX s designated shipper if any Failure to follow all instructions can result in a U S export violation potentially ne cessitating acquiring a further export li ce
4. Extended Warranty Plan for BioFire Diagnostics LLC Instruments and Products BEFORE RETURNING YOUR INSTRUMENT PLEASE READ ALL INSTRUCTIONS CONTAINED HEREIN PARTICULARLY PARAGRAPHS 7 9 AND 11 ALL RETURNS MUST COMPLY WITH U S IMPORT AND EXPORT LAWS AND REGULATIONS THIS EXTENDED WARRANTY PLAN this Warranty Plan is a binding legal contract between BioFire Diagnostics LLC a Delaware limited liability company BFDX located at 390 Wakara Way Salt Lake City Utah 84108 and the customer identified on the attached Certificate of Coverage referred to hereafter as Customer or You BY PURCHASING THIS EXTENDED WARRANTY PLAN CUSTOMER AGREES TO ALL TERMS CONDITIONS AND OBLIGATIONS CONTAINED HEREIN 1 WHAT IS COVERED BY THIS WARRANTY PLAN This Warranty Plan covers only a The Instrument s specifically identified by instrument serial number in the BFDX provided Certificate of Cover age Instrument s means only scientific instruments or devices which are i manu factured by BFDX ii BFDX branded BFDX has affixed its name or trade mark s thereon and iii covered by a us er manual created by BFDX but specifi cally excludes Software and Third Party Items and b The Software licensed by BFDX to Customer specifically for use and operation of the Instrument covered by this Warranty Plan Software means comput er applications software which is i owned or licensed
5. S NOT COVERED BY THIS WARRANTY PLAN 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 documenta tion However except for incremental shipping costs as provided above BFDX shall not be liable for any delay in provid ing services under this Warranty Plan 14 WHAT TELEPHONE TECHNICAL SUPPORT IS AVAILABLE As of the date of this Warranty Plan tele phone technical support in accordance with BFDX s normal practices is available only during BFDX s normal business hours which may exclude some holidays and re sponse times will vary by calling BFDX s Customer Support Department At Bi FIRE DIAGNOSTICS LLC This Warranty Plan does not cover and expressly excludes the following e repairs which are not necessitated by operational or mechanical breakdown during normal use normal wear and tear not resulting in operational or mechanical breakdown e decontamination required as a result of use and operation e theft loss mysterious disappearance or misplacement cosmetic damage or other damage that does not affect functionality e problems arising from or related to misuse neglect accident viruses or reckless abusive willful or intentional conduct e problems arising from o
6. al teration of the contents of the hard drive or data storage media which may occur dur ing service of the Instrument BFDX is not responsible for i damage to or loss of any programs data or removable storage me dia or ii the restoration or reinstallation of any programs or data other than soft ware installed by BFDX when the Instru ment was originally manufactured 10 WHO PAYS FOR SHIPPING AND INSURANCE COSTS 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 fol lowing i shipment of new or recondi tioned replacement parts to Customer to gether with appropriate instructions for Customer to install the parts on an ex change basis ii shipment of a new or re conditioned replacement Instrument that is at least functionally equivalent to the orig inal Instrument on an exchange basis iii shipment of a new in service or recondi Bi FIRE DIAGNOSTICS LLC Before returning any Instrument or part thereof to BFDX Customer must first contact BFDX s Customer Support De partment for a Return Material Authoriza tion RMA number and shipping instruc tions Failure to follow shipping instruc tions may result in delay of return shipment of Instrument Customer must follow the instructions specified by BFDX including without limitation instrum
7. al breakdowns of the Instru ment s provided however that such ser vice is necessitated by Instrument failure during normal usage and the Instrument remains as originally configured and charged for in this Warranty Plan c Software Upgrades BFDX will provide new versions releases or up grades 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 Warranty Plan provided however that BFDX may re quire that Customer install and use any such Software upgrades as a condition precedent to its continued services under this Warranty Plan d Optional Instrument Recali bration and Quality Inspection No more than one 1 time during each yearly Cov erage Period Customer may return the In strument as per the instructions set forth in Paragraphs 7 9 and 11 for recalibration recommended maintenance and perfor mance inspection and adjustment to origi nal equipment specifications e Telephone Support BFDX will provide limited customer telephone technical support as specified below 3 HOW DOES THIS WARRANTY PLAN RELATE TO BFDX S STANDARD LIMITED WARRANTY This Warranty Plan does not alter modify or replace BFDX s standard Limited War ranty Rather this Warranty Plan extends additional benefits to Customer for an ad ditional period thereafter Please see Para graphs 5 and 6 regarding
8. by BFDX ii BFDX branded and iii covered by a user manual created by BFDX but specifically excludes Third Party Items This Warranty Plan does not provide cov erage for Third Party Items which means i instruments or devices manufac tured by any party other than BFDX such as but not limited to centrifuges comput ers monitors printers or other peripheral accessories or devices even where such instruments or devices 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 Soft ware installed or loaded on any such computers sold or distributed in connection with the Instrument To the extent assign able or transferable BFDX assigns all manufacturer warranties of Third Party Items to its customers Bi FIRE DIAGNOSTICS LLC 2 WHAT BENEFITS DOES THIS WARRANTY PLAN PROVIDE Subject to the terms and conditions below this Warranty Plan provides the following benefits to Customer a Extended Limited Warranty BFDX s standard Limited Warranty appli cable to the Instrument and its Software will be extended for the Coverage Period of this Warranty Plan see Paragraph 5 be low b Instrument Repairs BFDX will furnish labor parts and or replacement equipment necessary to repair operational or mechanic
9. e dies for breach of this Warranty Plan 390 Wakara Way Salt Lake City Utah 84108 USA 801 736 6354 local e 1 800 735 6544 toll free 801 588 0507 fax BioFireDX com MRKT PRT 0213 07 To the maximum extent permitted by law BFDX shall not be liable to Customer for indirect special incidental or consequential damages arising from the services provided under this Warranty Plan delay in furnishing services or failure to furnish services includ ing without limitation loss of data or soft ware loss of use or lost profits whether based in contract tort or otherwise even if BFDX has been advised of the possibility of such damages Some states do not allow the limitation or exclusion of incidental or con sequential damages so the above limitations and exclusions may not apply to a particular Customer This Warranty Plan gives the Customer specific legal rights and the Cus tomer may also have other rights which vary from state to state Conditions listed on the Certificate of Coverage apply to You 17 WHEN CAN THE WARRANTY PLAN BE PURCHASED 18 WHAT FEES OR CHARGES WILL BE INVOICED TO CUSTOMER This Warranty Plan can be purchased from BFDX or BFDX s authorized distributor at the time of Customer s original purchase or lease of the Instrument Thereafter Custom er must apply for the Warranty Plan by con tacting BFDX s authorized distributor or the BFDX Customer Support Department At BFDX s sole opti
10. ent decontamination and data backup proce dures and other procedures specified by BFDX in connection with the RMA Be fore returning any Instrument or part thereof for service Customer must decon taminate the Instrument of all biological chemical or organic materials agents or toxins Customer is solely responsible for shipment of the Instrument to BFDX free of any biological chemical or organic ma terials 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 In strument without service if Customer does not strictly comply with this requirement Further Customer is solely responsible for backing up any data on a storage media external to the Instrument which will ena ble Customer to reconstruct or recover lost Regarding domestic CONUS Shipments BFDX is responsible for all domestic CONUS costs of shipping in transit insurance and related costs of deliv ery of the BFDX instrument or defective component thereof Regarding international OCONUS Shipments Customer will be charged a one time flat handling fee of 250 00 Two Hundred Fifty United States Dollars to offset shipment and return shipment costs and BFDX will pay all other international OCONUS costs of shipping in transit insurance duty taxes and related costs except that Customer bears all risk of loss or damage during transit BFDX shall make all
11. gn its rights and delegate its duties under this Warranty Plan by writ ten notice to Customer c This Warranty Plan and the Cer tificate of Coverage referenced herein con stitute the entire understanding of the par ties hereto with respect to the subject mat ter hereof No amendment modification rescission or alteration of the terms hereof shall be binding unless the same be in writ ing dated subsequent to the date hereof and duly approved and executed by BFDX s Legal Department d Every provision of this Warran ty Plan is intended to be severable If any term or provision hereof is illegal or inva lid for any reason whatsoever such illegal ity or invalidity shall not affect the validity of the remainder of this Warranty Plan e BFDX and Customer agree that the validity construction and performance of this Warranty Plan shall be governed by the laws of the State of Utah USA ex cluding any of its conflict of laws princi ples or jurisprudence which might refer to the substantive laws of any other jurisdic tion Venue for any dispute or proceeding arising from or related to this Warranty Plan shall be exclusively vested in any state or federal court located in Salt Lake County State of Utah USA and each par ty irrevocably and unconditionally con sents 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 whe
12. nse Further shipping non compliance may result in a several week delay of the Instrument s return shipment to Customer 12 WHERE ARE REPAIR SERVICES PERFORMED This Warranty Plan only covers repairs at BFDX s principal place of business This Warranty Plan does not include on site service at Customer s premises However BFDX reserves the right in its sole discre tion to effect repairs by or through its dis tributors or other authorized service tech nicians at Customer s premises or at BFDX s distributors or authorized agents service facilities BFDX may subcontract the services under this Warranty Plan without notice to Customer 13 WHAT SERVICE RESPONSE TIMES APPLY FOR COVERED SERVICES BFDX s election BFDX may offer after hours technical support to Customer under this Warranty Plan Although BFDX is without obligation to do so under this War ranty Plan BFDX currently anticipates of fering such after hours technical support when a sufficient number of customers have entered into Warranty Plan Agree ments applicable to comparable Instru ments If BFDX elects in its sole discretion to of fer after hours technical support to its cus tomers under Warranty Plans covering comparable Instruments BFDX will ex tend such after hours technical support to Customer under this Warranty Plan free of charge to Customer but subject to the terms conditions and limitations of this Warranty Plan 15 WHAT I
13. nstrument that is at least function ally equivalent to the original Instrument on a temporary loan basis iv assistance of BFDX s authorized distributors or ser vice technicians or v issuance of a return material authorization RMA for Custom er to return the Instrument or defective component thereof for repair or replace ment by BFDX BFDX reserves the right to inspect the Instrument or defective component thereof and may use recondi tioned or replacement items or parts that are at least functionally equivalent to orig inal manufacturer specifications Upon re ceipt by Customer of the replacement part or replacement Instrument the original part or Instrument becomes BFDX proper ty and shall be returned by Customer to BFDX Customer shall pay to BFDX the retail value of the replacement part or In strument 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 ACTIONS ARE NECESSARY PRIOR TO RETURNING ANY INSTRUMENT OR PART THEREOF FOR SERVICE or altered data if necessary and removing any confidential proprietary or personal information BFDX disclaims responsibil ity for any lost damaged or destroyed software program data or other infor mation stored or residing on any data stor age or other media or any part of the In strument covered by this Warranty Plan in cluding without limitation deletion or
14. ny Instru ment at Customer s request in circumstances where such repair or refurbishment is not covered by this Warranty Plan Customer shall pay for such repair or refurbishment at BFDX s then current standard repair and replacement fees plus applicable taxes ship ping and insurance costs Payment shall be due and payable within thirty 30 days fol lowing Customer s receipt of the invoice All amounts shall be due and payable in law ful currency of the United States Payments are deemed made when received by BFDX Interest shall accrue on any unpaid balances at a rate of 1 5 per month or the maximum legal interest rate allowed by applicable law if less from and after the due date 19 WHAT OTHER PROVISIONS APPLY TO THIS WARRANTY PLAN a The obligations of BFDX under this Warranty Plan are backed by the full faith and credit of BFDX BFDX is the Warranty Plan seller and provider Cus tomer may return this Warranty Plan for any reason for a full refund within 30 days of receipt at which point coverage will end and BFDX will promptly reimburse Cus tomer BFDX will add a penalty of 10 per month to any such refund to not paid to Customer within 30 days of receipt Cus tomer s cancellation of notice b Each of the provisions and agreements herein contained shall be bind ing upon and ensure to the benefit of the parties hereto and their respective legal representatives successors and assigns BFDX may assi
15. on and discretion BFDX may require that as a precondition to any extension of Warranty Plan coverage to Cus tomer after the time of Customer s original purchase or lease that a the Instrument be shipped to BFDX and repaired and recali brated to original manufacturer specifica tions b Customer upgrade the Software to the most recent version or release that would have been provided to Customer if this War ranty Plan had been maintained in effect from and after the time of Customer s original purchase or lease of the Instrument and or c Customer install any applicable bug fixes to the Software If BFDX requires Customer to comply with any of these Options such requirement s shall be at Customer s sole cost and expense at BFDX s then current standard repair and replacement or Software upgrade bug fix fees and payable prior to any extension of this Warranty Plan to Cus tomer However if and to the extent BFDX agrees to extend Warranty Plan coverage to Customer in connection with such repair and recalibration Customer shall receive a credit equal to BFDX s then current recalibration fee but not repair charges or Software up grade fees against the applicable renewal premium quoted by BFDX s Customer Sup port Department BLO FIRE DIAGNOSTICS LLC International OCONUS Customers will be invoiced for the handling fee as per Para graph 10 above In addition should BFDX repair or refurbish all or part of a
16. r related to ex ternal electrical power sources improper maintenance repair or dis assembly including partial disassem bly by anyone other than BFDX or its authorized representatives or using parts accessories or supplies not pro vided by BFDX e problems arising from or related to us age which is not in accordance with in structions in the user manual published by BFDX for the Instrument or Soft ware e problems arising from or related to failure to perform preventive mainte nance as and when recommended by BFDX in the user manual published by BFDX for the Instrument e problems arising from or related to in stallation or execution of Software on any computer other than the computer sold by BFDX with the 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 e problems arising from any modifica tion of the Instruments or Software without the prior written consent of BFDX e the cost of new or additional equip ment devices parts or accessories other than the Instrument or its com ponent parts to the extent covered un der this Warranty Plan or third party software other than the Software re quired as a condition of implementing any Software upgrade new version workaround etc 16 WHAT FURTHER LIMITATIONS APPLY AND WHAT LIABILITIES OR DAMAGES ARE EXPRESSLY EXCLUDED
17. t be re ceived by BFDX prior to the expiration of the then current Coverage Period This Warranty Plan does not provide coverage for any Instrument or Software after the date which is five 5 years after the In strument is placed in service by original delivery to Customer notwithstanding anything to the contrary in the foregoing and notwithstanding any quotation or ac ceptance by BFDX of any renewal premi um for periods extending beyond such five 5 year period any such unearned premi um shall be promptly refunded to Custom er upon request 7 HOW DO I OBTAIN SERVICE To obtain service You must first follow the problem determination and resolution procedures provided with the Instrument in its user manual or on the BFDX website at www idahotech com If You are unable to resolve a problem in that manner please contact BFDX s Customer Support De partment United States at 800 735 6544 801 736 6354 or via email at support biofiredx com You will be asked to provide information and assis tance over the telephone electronically or by remote access to help the technician identify a solution to Your problem You may be asked to present the serial number for the covered Instrument and other in formation to determine coverage under this Warranty Plan Customers outside the U S may be required to seek further infor mation from their authorized distributor 8 HOW WILL BFDX PROVIDE REPAIR SERVICES tioned I
18. ther substantive or procedural based upon lack of personal jurisdiction inconvenient ven ue or the like f 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 Warranty Plan more than one 1 year after the expiration of the Coverage Period of this Warranty Plan For more information regarding BFDX s Warranty Plan or to receive a quote for coverage on Your Instrument please con tact us at 1 800 735 6544 Be sure to have the serial number of Your Instrument when requesting a quote 390 Wakara Way Salt Lake City Utah 84108 USA 801 736 6354 local 1 800 735 6544 toll free 801 588 0507 fax BioFireDX com MRKT PRT 0213 07
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