Luminex 200 Hardware User Manual - Manuel (Page 3)

Standard Terms and Conditions For Use of Product
By opening the packaging containing this product ("Product") or by using such Product in any man-
ner, you are consenting and agreeing to be bound by the following terms and conditions. You are also
agreeing that the following terms and conditions constitute a legally valid and binding contract that is
enforceable against you. If you do not agree to all of the terms and conditions set forth below, you
must promptly return the Product for a full refund prior to using them in any manner.
1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON
THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER'S ASSENT
THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS SHALL BE BINDING
UPON LUMINEX CORPORATION ("LUMINEX") UNLESS AGREED TO IN WRITING
AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF LUMINEX. For purposes of
this agreement, "Seller" shall mean the Luminex authorized reseller that sells the Product to
Buyer. Buyer, by accepting the Product shall be deemed to have assented to the terms and condi-
tions set forth herein, notwithstanding any terms contained in any prior or later communications
from Buyer and whether or not Seller shall specifically or expressly object to any such terms.
2. Warranties - Any warranty obligations for the Product shall be exclusively provided in writing
to Buyer directly by Seller. LUMINEX MAKES NO WARRANTY WHATSOEVER REGARD-
ING THE PRODUCT AND LUMINEX SPEFICALLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABIL-
ITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SELLER NOR LUMINEX
SHALL IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PROD-
UCT, EVEN IF SELLER OR LUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF
WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO
REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABIL-
ITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY
LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH
PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH
PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEG-
LIGENCE.
3. Buyer's Use of Product -Buyer agrees that no rights or licenses under Luminex's patents shall be
implied from the sale of the Product, except as expressly provided herein, and Buyer does not
receive any right under Luminex's patent rights hereunder. Buyer acknowledges and agrees that
the Product is sold and licensed only for use with Luminex's standard fluorescently dyed micro-
spheres. Buyer further acknowledges that the Product have not received approval from the United
States Food and Drug Administration or other federal, state or local regulatory agencies and have
not been tested by Seller or Luminex for safety or efficacy in food, drug, medical device, cos-
metic, commercial or any other use, unless otherwise stated in Seller's technical specifications or
material data sheets furnished to Buyer. Buyer expressly represents and warrants to Seller that
Buyer will properly test and use any Product in accordance with the practices of a reasonable per-
son who is an expert in the field and in strict compliance with the United States Food and Drug