LIMITED WARRANTY: CIVCO products and software are warranted in accordance with the applicable limited warranty set out below (“Warranty”). The Warranty is effective only upon payment in full for the item(s) to be warranted, extends only to the original Buyer, and my not be transferred to third parties by operation of law or otherwise.
CIVCO Products: CIVCO warrants that products manufactured by CIVCO will be free from defects in materials and workmanship under normal use for a period of 12 months from date of invoice unless otherwise stated on the product labeling and/or instructions. CIVCO further warrants that all sterile disposable products will be sterile for not less than 12 months from date of invoice unless otherwise stated on the product labeling and/or instructions.
CIVCO Software & Media: CIVCO warrants that the media on which CIVCO software is furnished will be free from defects in materials and workmanship and the Software, when properly installed, will perform substantially in accordance with the operational features of CIVCO’s published specifications at time of sale, in each case under normal use in accordance with CIVCO’s product instructions, for a period of 12 months from date of invoice. Buyer is responsible for providing and maintaining current back-ups and industry standard, updated, virus protection and firewall programs for its systems and data. CIVCO does not warrant that the operation of any software, firmware or data archiving utilities will be uninterrupted or error free. Buyer may not (i) copy or duplicate the Software, in whole or in part (other than one back-up copy, bearing all original copyright notices, for archival purposes), (ii) transfer, sublicense, distribute, rent, or otherwise provide or disclose any such Software, or any portion thereof, to any third party, (iii) circumvent any restrictions imposed by any license manager, or (iv) modify, adapt, copy, recast, alter, compile, decompile, translate, or create derivative works based on the software, or use the same for application development purposes.
Third party Products: Items not manufactured by CIVCO are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. CIVCO will have no warranty liability with respect to third party products, components, or software or failure of any such supplier to perform under its warranty.
Limited Remedy: Any breach of the foregoing warranties must be reported prior to expiration of the warranty period, and Buyer’s exclusive remedy and CIVCO’s entire liability for such breach will be repair or replacement, at CIVCO’s option, of the non-conforming product or part or, if neither is in CIVCO’s opinion commercially feasible, refund of an amortized portion of the purchase price paid for the product. Such obligation will be subject to CIVCO being granted the reasonable opportunity to inspect, at CIVCO’s expense, the non-conforming product at the location of its use or storage or, at CIVCO’s request, return of the product to CIVCO. On-site repairs for installed equipment will be performed Monday-Friday, between the hours of 9:00 am to 5:00 pm local time, excluding holidays. Replacement of products, parts, or software may be made by substitution of similar or upgraded products having the same or similar functionality. For CIVCO software, CIVCO will provide software support, updates and upgrades for the duration of the warranty period during normal working hours or at an additional charge outside normal working hours. CIVCO will not provide support or upgrades for software not representing the then-current or most recent upgrade for the product to be serviced. Service required beyond the normal scope of warranty (see Exclusions below) or after expiration of the warranty period will be billable repairs, and CIVCO will charge its then-current rates and prices for parts, labor and transportation. For eligible equipment, the Warranty may be extended and upgraded by purchase of a prepaid service contract at the time of product purchase.
TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING LIMITED WARRANTIES AND REMEDIES ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL CIVCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT LOSSES, COSTS, OR DAMAGES, HOWEVER CAUSED, WHETHER OR NOT FORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CIVCO’s AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES SHALL BE LIMITED TO THE PURCHASE PRICE PAID OR PAYABLE FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, STRICT LIABILITY, INDEMNIFICATION, OR OTHERWISE, AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable written warranty. For European customers, any terms herein limiting CIVCO’s liability shall not apply insofar as they conflict with mandatory statutory provisions of the Product Liability Act, it being agreed that claims over and above those under the Product Liability Act will not be made by Buyer against CIVCO, as manufacturer, under any theory of liability, including by means of indemnification obligations. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the foregoing warranties or to assume for CIVCO any other liability in connection with its products.