System Warranties: Battelle warrants that for a period of sixty (60) days from the date of delivery, the System will perform in accordance with the specification described in the System Manual (“Performance Warranty”). Battelle warrants that for a period of twelve (12) months from the date of delivery, the System will be free of defects in material and workmanship (“Materials Warranty”). The Materials Warranty applies only to defects in material and workmanship in Systems purchased under this Agreement and is not to be interpreted as providing full service coverage for such items as routine maintenance, adjustments, or recalibration or product items, parts, accessories, subassemblies, or components that are expendable in normal use or operation of the System unless specifically covered by an express warranty extended to the Buyer by Battelle in writing.

Shipping and handling charges for replacement parts covered under the Materials Warranty or repair or replacement of the System covered under the Performance Warranty will be at no charge to Buyer.

Only the original Buyer of the System may enforce these warranties and these warranties apply only to the System or the components thereof, purchased directly from Battelle.  Any alteration, addition, or modification to the System that is not made by Battelle shall render the warranty null and void.

Additionally, any loss, damage, and/or instrument malfunction relating in any way to the following are expressly excluded from warranty coverage:

• Accident, abuse, alteration, misuse, or neglect;
• Breakage or abuse of parts or components;
• Storage or operation other than in accordance with procedures as outlined in the System Manual.

All claims under warranty must be made in accordance with Article 5. after occurrence of circumstances giving rise thereto and must be received within the applicable warranty period by Battelle.  Such claims should include the product type and serial numbers, and a full description of the circumstances giving rise to the claim. Battelle reserves the right in its sole discretion to determine whether repair under valid warranty claims shall be made by (a) sending a field service engineer to the site, (b) having the buyer send the defective part, component, or System to a service shop or facility as authorized by Battelle, or (c) authorizing the Buyer to return the same to Battelle.  Before any products, parts, or assemblies are sent to a service shop or facility or are returned to Battelle for repair and/or adjustment, written authorization from Battelle for the return and instructions as to how and where the same should be shipped must be obtained.  For items determined to be a legitimate warranty claim and which may be accepted into the United States without violation or rules or regulations, Battelle shall be responsible for shipment costs to the United States.  For items determined to be a legitimate warranty claim and which may not be accepted into the United States due to regulatory restrictions, the remedy to repair at a location outside the United States or provide replacement equipment shall be at the sole discretion of Battelle.  Battelle reserves the right to reject any warranty claim not promptly reported and any warranty claim on any item that has been altered or has been shipped by non-acceptable means of transportation.  When any defective part, component, or System is returned to Battelle for examination and inspection or for any other reason including an invalid warranty claim, the Buyer shall be responsible for cost of transportation all damage resulting from improper packing or handling, and for loss in transit, notwithstanding any defect or nonconformity in the product part, or assembly.  In all cases, Battelle has sole responsibility for determining the cause, origin and nature of failure, and Battelle’s determination with regard thereto shall be final.

The sole and exclusive remedy under this warranty shall be to repair or replace parts which, in the sole opinion of Battelle are due or traceable to defects in original materials or workmanship, or   repair or replace parts or components of the System that, in the sole opinion of Battelle do not perform in accordance with the specification described in the System Manual. Repair or replacement of parts or components of the System under warranty does not extend the original warranty period.

THE FOREGOING ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES WILL BATTELLE BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, LOSS OF USE OF SYSTEM, LOSS OF PROFIT OR ANY OTHER DAMAGES RESULTING FROM THE USE OF, BREAKDOWN, OR FAILURE OF, ANY SYSTEM, OR DELAYS IN REPAIR OR REPLACEMENT OR THE INABILITY TO REPAIR OR REPLACE ANY SYSTEM OR COMPONENTS THEREOF.

Limitation of Liability: Battelle’s liability is limited to repair, replacement of the System or refund of the purchase price in Battelle’s sole discretion. No warranties apply to Systems that have been misused, improperly stored or improperly maintained or to components of the System not purchased from Battelle.