
10. WARRANTY PROVISIONS
The following Warranty Provisions shall apply to products sold in North America by Julabo (“Seller”) to the
entity shown as buyer (“Buyer”) on Seller’s invoice.
1. Initial Warranty. Upon Seller’s receipt of payment in full for the products and subject to
Buyer’s compliance with the terms of sale and any other agreement with Seller relating to the products,
Seller warrants to the Buyer that the products manufactured by the Seller are free from defects in material
and workmanship for a period not to exceed two (2) years or ten thousand (10,000) hours of operation,
whichever comes first, from the date the product is shipped by Seller to Buyer (the “Initial Warranty”).
2. EXCLUSION OF ALL OTHER EXPRESS WARRANTIES; EXCLUSION OF ALL IMPLIED
WARRANTIES. OTHER THAN THE INITIAL WARRANTY, NO OTHER EXPRESS WARRANTIES ARE
MADE. ALL IMPLIED WARRANTIES OF EVERY TYPE AND KIND, INCLUDING BUT NOT LIMITED TO
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
USE, ARE EXCLUDED IN ALL RESPECTS AND FOR ALL PURPOSES. SELLER DISCLAIMS AND
MAKES NO IMPLIED WARRANTIES WHATSOEVER.
3. Exclusions. The Initial Warranty does not include damage to the product resulting from
accident, misuse, improper installation or operation, unauthorized or improper repair, replacement or
alteration (including but not limited to repairs, replacements, or alterations made or performed by persons
other than Seller’s employees or authorized representatives), failure to provide or use of improper
maintenance, unreasonable use or abuse of the product, or failure to follow written installation or operating
instructions. Buyer must return the product’s record of purchase to the Seller or one of Seller’s authorized
representatives within thirty (30) days of the date the product is shipped by Seller to Buyer in order to make a
claim under the Initial Warranty. Notwithstanding anything contained herein to the contrary, all glassware,
including but not limited to reference thermometers, are expressly excluded from the Initial Warranty.
4. Buyer’s sole remedies; Limitations on Seller’s Liability. Buyer’s sole and exclusive
remedy under the Initial Warranty is strictly limited, in Seller’s sole discretion, to either: (i) repairing defective
parts; or (ii) replacing defective parts. In either case, the warranty period for the product receiving a repaired
or replaced part pursuant to the terms of the Initial Warranty shall not be extended. All repairs or
replacements performed by Seller pursuant to these Warranty Provisions shall be performed at Seller’s
facility in Allentown, Pennsylvania, U.S.A. or at the facility of an authorized representative of Seller, which
location shall be determined by Seller in its sole discretion; provided, however, that Seller may, in its sole
discretion perform such repairs or replacements at Buyer’s facility in which case Buyer shall pay Seller’s
travel, living and related expenses incurred by Seller in performing the repairs or replacements at Buyer’s
facility. As a condition precedent to Seller’s obligation to repair or replace a product part under the Initial
Warranty, Buyer shall (i) promptly notify Seller in writing of any such defect; (ii) shall have returned the
product’s record of purchase to Seller or to one of Seller’s authorized representatives within thirty (30) days
of the date the product is delivered to Buyer; and (iii) assist Seller in all respects in its attempts to determine
the legitimacy and basis of any claims made by or on behalf of Buyer including but not limited to providing
Seller with access to the product to check operating conditions. If Buyer does not provide such written notice
to Seller within the Initial Warranty period or fails to return the product’s record of purchase as set forth
above, Seller shall have no further liability or obligation to Buyer therefore. In no event shall Seller’s liability
under the Initial Warranty exceed the original purchase price of the product which is the subject of the
alleged defect.
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