Varian AnalyticalInstrument Warranty
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Hardware
Products
All analytical instruments sold by Varian are warranted
to
be
free from defects
in
material and workmanship
for the periods specified and
in
accordance with the
terms
on
the face of Varian's quotation or as otherwise
agreed upon
in
writing between Varian and the
Customer. The warranty period begins
on
the date of
shipment from Varian to the original Customer.
However, where installation
is
paid for by the Customer
or included
in
the purchase price, the warranty period
begins upon completion of installation.
If
the Customer
schedules installation to start later than 30 days after
delivery or if such delay
is
caused through the
Customer's inability to provide adequate facilities or
utilities or through failure to comply with Varian's
reasonable pre-installation instructions or through
other omissions by Customer, then the warranty period
starts
on
the
31
st dayfrom date of shipment.
Moreover Varian will charge the Customer for labor
and other expenses involved
in
making multiple or
follow-up installation service calls.
Software Products
Where software
is
provided within the frame of a
license agreement concluded between the Customer
and Varian, any warranty shall be strictly
in
accordance
with the terms of such agreement.
In
the absence of alicense agreement and unless an
alternate warranty period
is
agreed upon
in
writing
between Varian and the Customer, the warranty period
is
as specified
on
the face of Varian's quotation. Varian
warrants such software products, if used with and
properly installed on Varian hardware or other
hardware as specified by Varian to perform as
described
in
the accompanying Operator's Manual and
to
be
substantially free of those defects which cause
failure to execute respective programming instructions;
however, Varian does not warrant uninterrupted or
error-free operation.
Remedies
The sole and exclusive remedy under hardware
warranty shall be repair of instrument malfunctions
which
in
Varian's opinion are due ortraceable to
defects
in
original materials or workmanship or, at
Varian's option, replacement of the respective
defective parts, provided that Varian may as an
alternative elect to refund an equitable portion of the
purchase price of the instrument or accessory.
Repair or replacement under warranty does not extend
the original warranty period.
Repair or replacement under warranty claims shall be
made
in
Varian's sole discretion either by sending a
Customer Support Representative to the site or by
authorizing the Customer to return the defective
accessory or instrument to Varian or to send it to a
designated service facility. The Customer shall be
responsible for loss or damage
in
transit and shall
pr~pay
shipping cost. Varian will return the accessory
or Instrument to the Customer prepaid and insured.
Claims for loss or damage
in
transit shall be filed by
the Customer. To correct software operation
anomalies, Varian will issue software revisions where
such revisions exist and where,
in
Varian's opinion this
is
the most efficient remedy. '
Limitation
of
Warranty
This warranty does
not
cover software supplied by
the Customer, equipment and software warranted by
~nother
manufacturer or replacement of expendable
Items and those of limited life, such as but not limited
to: Filters, glassware, instrument status lamps, source
lamp~,
septa, columns, fuses, chart paper and ink,
nebulizers, flow cells, pistons, seals, fittings, valves,
burners" sample tubes, probe inserts, print heads,
glass lined tubing, pipe and tube fittings, variable
temperature dewars, transfer lines, flexible discs,
magnetic tape cassettes, electron multipliers
filaments, vacuum gaskets, seats and all parts
exposed to samples and mobile phases.
This warranty shall be void
in
the event of accident
abuse,.
alteratio~,
misuse, neglect, breakage,
improp~r
oper~~lon.
or maintenance, unauthorized or improper
modifications or tampering, use
in
an unsuitable
physical environm'ent, use with amarginal power
supply or use with other inadequate facilities or utilities.
Reasonable care must be used to avoid hazards.
This warranty is expressly in lieu
of
and excludes
all other express
or
implied warranties,
including
but
not
limited
to
warranties
of
merchantability and
of
fitness
for
particular purpose, use
or
application, and
all
other
obligations
or
liabilities
on
the part
of
Varian, unless such
other
warranties,
obligations
or
liabilities are expressly
agreed
to
in
writing
by
Varian.
Limitation
of
Remedies
and
Liability
The remedies provided herein are
the
sole and
exclusive remedies
of
the Customer. In
no
case
will
Varian be liable
for
incidental
or
consequential
damages,
loss
of
use, loss
of
production
or
any
other
loss
incurred.