Warranty
Cryobiological Storage Products - Seller warrants that its cryobiological storage products (liquid nitrogen dewars, freezers, and shippers) as newly manufactured are free from defects in material and workmanship when shipped from its Indianapolis, Indiana facility, and with accepted normal use, will remain free from such defects for ninety (90) days following the date of shipment to the original purchaser from Seller (“Buyer”). Seller further warrants to Buyer only, that if the cryobiological storage products receive only normal use and maintenance as set forth in Seller's Operating Instructions, the vacuum integrity shall be free from defects in material and workmanship (i) with respect to cryobiological storage products other than shippers, for a period of five (5) years from the shipment date to Buyer; and (ii) with respect to shippers, for a period of two (2) years from the shipment date to Buyer. These warranties are not assignable and do not extend to (i) defects arising from any use of the cryobiological storage products other than use as set forth in Seller's Operating Instructions, (ii) any defects or damage caused by shipment, or (iii) defective replaceable components of its cryobiological storage products that are manufactured by other companies (except defective components shipped prepaid to Seller in Indianapolis, Indiana within thirty (30) days from date of delivery). Any unauthorized alteration or repair or any misuse, abuse or exposure to adverse environment (such as fire, corrosion, or explosion) of the cryobiological storage products by Buyer or any third party will void all warranties. Failure to use the products in accordance with Seller's Operating Instructions shall void this warranty. Any claim for breach of warranty must be made in writing and delivered to Seller within sixty (60) days of discovery of a purported defect and shall include proof of the date of purchase. Buyer shall indemnify, defend and hold Seller harmless from any claims based upon or arising from any modification of any products by parties other than Seller.
Liquid Helium Transport/Storage Containers - Seller warrants that its liquid helium transport/storage containers as newly manufactured are free from defects in workmanship and material when shipped from its Indianapolis, Indiana facility, and with accepted normal use, will remain free from such defects for one (1) year following the date of shipment to the original purchaser from Seller (“Buyer”). Seller further warrants to Buyer only, for maintenance of vacuum and performance in accordance with Seller’s standards for a period of two (2) years after original shipment to Buyer (except for any failure after one (1) year caused by any defect in material and workmanship). These warranties are not assignable and do not extend to: (i) defects arising from any use of the liquid helium transport/storage containers other than use as set forth in Seller's Operating Instructions, (ii) any defects or damage caused by shipment, or (iii) defective replaceable components of its liquid helium transport/storage containers that are manufactured by other companies (except defective components shipped prepaid to Seller in Indianapolis, Indiana within thirty (30) days from date of delivery). Any unauthorized alteration or repair, or any misuse, abuse, or exposure to adverse environment (such as fire, corrosion, or explosion), of the liquid helium transport/storage container by Buyer or any third party, will void all warranties. Failure to use the products in accordance with Seller's Operating Instructions shall void this warranty. Any claim for breach of warranty must be made in writing and delivered to Seller within sixty (60) days of discovery of a purported defect and shall include proof of the date of purchase. Buyer shall indemnify, defend and hold Seller harmless from any claims based upon or arising from any modification of any products by parties other than Seller.
Director Series / Vial Storage Products - Seller warrants that its Director Series Products as newly manufactured are free from defects in material and workmanship when shipped from its Indianapolis, Indiana facility, and with accepted normal use, will remain free from such defects for ninety (90) days following the date of shipment to the original purchaser from Seller (“Buyer”). Seller further warrants to Buyer only, that if the Director Series Product receives only normal use and maintenance as set forth in Seller's Operating Instructions, the vacuum integrity shall be free from defects in material and workmanship for a period of three (3) years from the shipment date to Buyer. These warranties are not assignable and do not extend to (i) defects arising from any use of the Director Series Products other than use as set forth in Seller's Operating Instructions, (ii) any defects or damage caused by shipment, or (iii) defective replaceable components of its Director Series Products that are manufactured by other companies (except defective components shipped prepaid to Seller in Indianapolis, Indiana within thirty (30) days from date of delivery). Any unauthorized alteration or repair, or any misuse, abuse or exposure to adverse environment (such as fire, corrosion, or explosion), of the Director Series Product by Buyer or any third party will void all warranties. Failure to use the products in accordance with Seller's Operating Instructions shall void this warranty. Any claim for breach of warranty must be made in writing and delivered to Seller within sixty (60) days of discovery of a purported defect and shall include proof of the date of purchase. Buyer shall indemnify, defend and hold Seller harmless from any claims based upon or arising from any modification of any products by parties other than Seller.
Custom Products - Seller warrants that it's custom manufactured products as newly manufactured are free from defects in material and workmanship when shipped from its Indianapolis, Indiana facility, and with accepted normal use, will remain free from such defects for one (1) year following the date of shipment to the original purchaser from Seller (“Buyer”). This warranty is not assignable and does not extend to (i) any defects or damage caused by shipment, or (ii) defective replaceable components of its custom manufactured product that are manufactured by other companies (except defective components shipped prepaid to Seller in Indianapolis, Indiana within thirty (30) days from date of delivery). Any unauthorized alteration or repair, or any misuse, abuse, or exposure to adverse environment (such as fire, corrosion, or explosion), of the custom manufactured products by Buyer or any third party, will void all warranties. Any claim for breach of warranty must be made in writing and delivered to Seller within sixty (60) days of discovery of a purported defect and shall include proof of the date of purchase. Buyer shall indemnify, defend and hold Seller harmless from any claims based upon or arising from Seller’s compliance with Buyer’s designs, specifications, or instructions.
Repair Services – With respect to all re-evacuation and repair services performed by Seller for all products, including home care and D.O.T. liquid cylinders, Seller warrants that parts and other materials used for such services, with accepted normal use, will remain free from such defects for a period of ninety (90) days following the date the re-evacuation and repair service was completed by Seller. Seller further warrants for maintenance of vacuum and performance in accordance with its standards for a period of one (1) year after re-evacuation and repair (except for any failure after 90 days caused by any defect in parts or other materials). These warranties are not assignable and do not extend to (i) any defects or damage caused by shipment, or (ii) defective replaceable components that are manufactured by other companies (except defective components shipped prepaid to Seller in Indianapolis, Indiana within thirty (30) days from date of delivery). Any unauthorized alteration or repair, or any misuse, abuse, or exposure to adverse environment (such as fire, corrosion, or explosion), of the Product upon which the re-evacuation and repair services were performed by Buyer or any third party will void all warranties. Any claim for breach of warranty must be made in writing and delivered to Seller within sixty (60) days of discovery of a purported defect and shall include proof of the date of repair.
SOLE REMEDY: If Seller is promptly notified of failure of a Product to comply with the above warranties by a fully paid Buyer who pre-pays all shipping charges of the product to and from Indianapolis, Indiana and ships the product within fifteen (15) days of the notice, Seller, at its option will without charge, repair or replace any defective product that is returned to its Indianapolis facility for possible warranty repair. This shall be Buyer’s sole remedy.
THE EXPRESS WARRANTIES ABOVE ARE SELLER’S SOLE WARRANTIES OF ITS PRODUCTS. SELLER MAKES NO FURTHER OR ADDITIONAL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND BUYER’S REMEDY SET FORTH HEREIN IS THE SOLE AND EXCLUSIVE REMEDY.
LIMITATION OF LIABILITY: Seller shall not under any circumstances be liable to Buyer or any third party for special, indirect, incidental, or consequential damages, including, without limitation, loss of profits or revenues, loss or damage to other property or equipment (including loss of any material stored or shipped in the Product), cost of capital, or of purchased or replacement goods, or expense, delay or inconvenience caused by or arising from the purchase, sale, use, repair or inability to use Products. Seller's sole liability for any defective product shall be its repair or its replacement pursuant to the express warranties set forth above, or, if amended, as applicable at the time of manufacture or repair of the product.
DISPUTE RESOLUTION: Any dispute between Buyer and Seller regarding the application or interpretation of any warranty for, or with respect to, Seller’s Products (“Dispute”) will be governed by the laws of the State of Indiana. The Indiana state and federal courts will have personal jurisdiction of both Buyer and Seller. All lawsuits relating to any Dispute will be brought only in a state or federal court located in Marion County, Indiana. Buyer hereby waives its right to a trial by jury in any action, proceeding, claim or counterclaim whether in contract or tort, at law or in equity, arising out of or relating in any way to any Dispute.