Varian, Inc. Analytical Instrument Warranty
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Hardware Products
All analytical instruments sold by Varian, Inc. 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 31st day from
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 a license 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 or traceable 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
prepay 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
another manufacturer or replacement of expendable
items and those of limited life, such as but not limited
to: Filters, glassware, instrument status lamps, source
lamps, 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, alteration, misuse, neglect, breakage,
improper operation or maintenance, unauthorized or
improper modifications or tampering, use in an
unsuitable physical environment, use with a marginal
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.