NanoScope V Controller Warranty

This product is covered by the terms of the Bruker standard warranty as in effect on the date of shipment and as reflected on Bruker's Order Acknowledgement and Quote. While a summary of the warranty statement is provided below, please refer to the Order Acknowledgement or Quote for a complete statement of the applicable warranty provisions. In addition, a copy of these warranty terms may be obtained by contacting Bruker.

WARRANTY. Seller warrants to the original Buyer that new equipment will be free of defects in material and workmanship for a period of one year commencing (x) on final acceptance or (y) 90 days from shipping, whichever occurs first. This warranty covers the cost of parts and labor (including, where applicable, field service labor and travel required to restore the equipment to normal operation).

Seller warrants to the original Buyer that replacement parts will be new or of equal functional quality and warranted for the remaining portion of the original warranty or 90 days, whichever is longer.

Seller warrants to the original Buyer that software will perform in substantial compliance with the written materials accompanying the software. Seller does not warrant uninterrupted or error-free operation.

Seller’s obligation under these warranties is limited to repairing or replacing at Seller’s option defective non-expendable parts or software. These services will be performed, at Seller’s option, at either Seller’s facility or Buyer’s business location. For repairs performed at Seller’s facility, Buyer must contact Seller in advance for authorization to return equipment and must follow Seller’s shipping instructions. Freight charges and shipments to Seller are Buyer’s responsibility. Seller will return the equipment to Buyer at Seller’s expense. All parts used in making warranty repairs will be new or of equal functional quality.

The warranty obligation of Seller shall not extend to defects that do not impair service or to provide warranty service beyond normal business hours, Monday through Friday (excluding Seller holidays). No claim will be allowed for any defect unless Seller shall have received notice of the defect within thirty days following its discovery by Buyer. Also, no claim will be allowed for equipment damaged in shipment sold under standard terms of F.O.B. factory. Within thirty days of Buyer’s receipt of equipment, Seller must receive notice of any defect which Buyer could have discovered by prompt inspection. Products shall be considered accepted 30 days following (a) installation, if Seller performs installation, or (b) shipment; unless written notice of rejection is provided to Seller within such 30-day period.

Expendable items, including, but not limited to, lamps, pilot lights, filaments, fuses, mechanical pump belts, V-belts, wafer transport belts, pump fluids, O-rings and seals ARE SPECIFICALLY EXCLUDED FROM THE FOREGOING WARRANTIES AND ARE NOT WARRANTED. All used equipment is sold ‘AS IS, WHERE IS,’ WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED.

Seller assumes no liability under the above warranties for equipment or system failures resulting from (1) abuse, misuse, modification or mishandling; (2) damage due to forces external to the machine including, but not limited to, acts of God, flooding, power surges, power failures, defective electrical work, transportation, foreign equipment/attachments or Buyer-supplied replacement parts or utilities or services such as gas; (3) improper operation or maintenance or (4) failure to perform preventive maintenance in accordance with Seller’s recommendations (including keeping an accurate log of preventive maintenance). In addition, this warranty does not apply if any equipment or part has been modified without the written permission of Seller or if any Seller serial number has been removed or defaced.

No one is authorized to extend or alter these warranties on Seller’s behalf without the written authorization of Seller.

THE ABOVE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING THE WARRANTY OF MERCHANTABILITY), AND OF ANY OTHER OBLIGATION ON THE PART OF SELLER. SELLER DOES NOT WARRANT THAT ANY EQUIPMENT OR SYSTEM CAN BE USED FOR ANY PARTICULAR PURPOSE OR WITH ANY PARTICULAR PROCESS OTHER THAN THAT COVERED BY THE APPLICABLE PUBLISHED SPECIFICATIONS.

NO CONSEQUENTIAL DAMAGES. LIMITATION OF LIABILITY. Seller shall not be liable for consequential damages, for anticipated or lost profits, incidental, indirect, special or punitive damages, loss of time, loss of use, or other losses, even if advised of the possibility of such damages, incurred by Buyer or any third party in connection with the equipment or services provided by Seller. In no event will Seller’s liability in connection with the equipment or services provided by Seller exceed the amounts paid to Seller by Buyer hereunder.

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