Please take a few minutes to review CIVCO's Limited Warranty Disclaimer below.
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 the date of invoice by CIVCO 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 the date of invoice by CIVCO unless otherwise stated on the Product labeling and/or instructions.
CIVCO warrants that the media on which any CIVCO software is furnished will be free from defects in materials and workmanship, and that the software will perform substantially in accordance with the operational features of CIVCO’s published specifications at the time of sale, in each case under normal use in accordance with CIVCO’s Product manuals and instructions for use, for a period of 12 months from date of invoice by CIVCO. 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 makes no warranty that the operation of any software, firmware or data archiving utilities will be uninterrupted or error free.
Products, software and media 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 components, software or products supplied by third parties, or failure of any such supplier to perform under its warranty.
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 breach of the foregoing warranties 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. Any replacement of products 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. After expiration of the warranty period, CIVCO will charge Buyer its then-current prices for parts, labor and transportation or, upon request, will furnish quotes for prepaid service contracts for further service and support.
Any warranty claim, support claim, or liability is excluded where such claim or liability is not caused by CIVCO and arises out of (1) accident, theft, misuse, or neglect; (2) products that have expired according to product labels, or use of products outside of normal operating conditions, specifications, or environment or in a manner not authorized by CIVCO in the applicable Product documentation and instructions; (3) products that have been improperly handled or stored, including lack of routine care or maintenance as indicated in the applicable product documentation and instructions, or maintenance by an unauthorized third party service provider; (4) user modification or relocation of any product; (5) computer viruses, failure of electrical power, and other changes to the operating system or environment that adversely affect the product, including without limitation acts of God, electrical power surges, or other causes external to the products; (6) defects, problems, or failures created by third party products (except those comprising parts or components of CIVCO products) or their use or interface with CIVCO products; or (7) latent defects discovered after expiration of the applicable warranty period.
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, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL CIVCO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF BUSINESS OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CIVCO'S AND ITS SUPPLIERS’ AND LICENSORS’ TOTAL LIABILITY IN DAMAGES OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE PRODUCT(S) THAT GAVE RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUYER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES AND ARE REFLECTED IN PRODUCT PRICING, WHICH WOULD BE HIGHER WITHOUT THESE LIMITATIONS.
The foregoing warranties give Buyers specific legal rights which may vary based on local law. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to certain Buyers. 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.