BioFire Defense Extended Warranty
Contents
1. f Except to the extent express ly prohibited by applicable law BFDF and Customer shall be prohibited and hereby irrevocably and unconditionally waives any right to bring any claim demand or cause of action arising from or related to this Warranty Plan more than one 1 year after the expiration of the Coverage Period of this Warranty Plan For more information regarding BFDF s Warranty Plan or to receive a quote for coverage on Your Instru ment please contact us at 1 801 262 3592 Be sure to have the serial num ber of Your Instrument when request ing a quote 79 West 4500 South Suite 14 Salt Lake City UT USA 1 801 262 3592 www BioFireDefense com MRKT PRT 0211 102. Extended Warranty Plan for BioFire Defense LLC Instruments and Products BEFORE RETURNING YOUR INSTRUMENT PLEASE READ ALL INSTRUCTIONS CONTAINED HEREIN PARTICULARLY PARAGRAPHS 7 9 AND 11 ALL RETURNS MUST COMPLY WITH U S IMPORT AND EXPORT LAWS AND REGULATIONS THIS EXTENDED WARRANTY PLAN this Warranty Plan is a binding legal contract between BioFire Defense LLC a Delaware corporation BFDF located at 49 West 4500 South Suite 14 Salt Lake City Utah 84107 and the customer identified on the at tached Certificate of Coverage referred to hereafter as Customer or You BY PURCHASING THIS EXTENDED WARRANTY PLAN CUSTOMER AGREES TO ALL TERMS CONDITIONS AND OBLIGATIONS CONTAINED HEREIN 1 WHAT IS COVERED BY THIS WARRANTY PLAN 2 WHAT BENEFITS DOES THIS WARRANTY PLAN PROVIDE This Warranty Plan covers only a The Instrument s specifi cally identified by instrument serial number in the BFDF provided Certifi cate of Coverage Instrument s means only scientific instruments or devices which are i manufactured by BFDF ii BFDF branded BFDF has affixed its name or trademark s there on and iii covered by a user manual created by BFDF but specifically ex cludes Software and Third Party Items and b The Software licensed by BFDF to Customer specifically for use and operation of the Instrument cov ered by this Warranty Plan Software means computer applicati
3. d in a professional and workmanlike man ner consistent with its standard of care generally prevailing in the state and county in which its principal place of business is located BFDF disclaims all other warranties express or implied re garding the services including the im plied warranties of merchantability and fitness for a particular purpose Some state laws do not allow the exclusion of implied warranties Any implied warran ties that may be imposed by law are lim ited in duration to the term of this War ranty Plan Notwithstanding anything herein to the contrary BFDF s maximum liability under this Warranty Plan shall be limited to the total monies paid by Customer for the original purchase price of the Instrument This limitation shall apply regardless of the form of legal action In the event BFDF replaces the Instrument with a new or reconditioned Instrument that is at least functionally equivalent to original manufacture specifications or reimburses Customer for the original purchase price minus the cost of prior repairs of the In strument calculated at BFDF s normal service labor and materials rates BFDF shall have satisfied all of its obligations under this Warranty Plan Repair or re placement of the Instrument cure of the Software or refund of the Warranty Plan price minus the cost of prior repairs are Customers exclusive remedies for breach of this Warranty Plan To the maximum extent permitted by
4. disassembly including partial dis assembly by anyone other than BFDF or its authorized representa tives or using parts accessories or supplies not provided by BFDF e problems arising from or related to usage which is not in accordance with instructions in the user manual published by BFDF for the Instru ment or Software e problems arising from or related to failure to perform preventive maintenance as and when recom mended by BFDF in the user man ual published by BFDF for the In strument e problems arising from or related to installation or execution of Soft ware on any computer other than the computer sold by BFDF with the Instrument or on any computer which contains or runs operating system or applications software other than software loaded or in stalled at the time of delivery of such computer by BFDF e problems arising from any modifi cation of the Instruments or Soft ware without the prior written con sent of BFDF e the cost of new or additional equipment devices parts or ac cessories other than the Instru ment or its component parts to the extent covered under this Warranty Plan or third party software other than the Software required as a condition of implementing any Software upgrade new version workaround etc 16 WHAT FURTHER LIMITATIONS APPLY AND WHAT LIABILITIES OR DAMAGES ARE EXPRESSLY EXCLUDED BFDF warrants only that its services un der the Warranty Plan will be performe
5. es within ten 10 work ing days after receipt of the malfunc tioning Instrument by BFDF and all re quired RMA documentation However except for incremental shipping costs as provided above BFDF shall not be liable for any delay in providing ser vices under this Warranty Plan 14 WHAT TELEPHONE TECHNICAL SUPPORT IS AVAILABLE As of the date of this Warranty Plan telephone technical support in accord ance with BFDF s normal practices is available only during BFDF s normal business hours which may exclude some holidays and response times will vary by calling BFDF s Customer Support Department At BFDF s elec tion BFDF may offer after hours tech nical support to Customer under this Warranty Plan Although BFDF is BIO PIRE DEFENSE This Warranty Plan does not cover and expressly excludes the following e repairs which are not necessitated by operational or mechanical breakdown during normal use normal wear and tear not resulting in operational or mechanical breakdown e decontamination required as a re sult of use and operation e theft loss mysterious disappear ance or misplacement cosmetic damage or other damage that does not affect functionality problems arising from or related to misuse neglect accident viruses or reckless abusive willful or in tentional conduct e problems arising from or related to external electrical power sources e improper maintenance repair or
6. eturn shipment to Customer 12 WHERE ARE REPAIR SERVICES PERFORMED without obligation to do so under this Warranty Plan BFDF currently antici pates offering such after hours tech nical support when a sufficient number of customers have entered into War ranty Plan Agreements applicable to comparable Instruments lf BFDF elects in its sole discretion to offer after hours technical support to its customers under Warranty Plans cov ering comparable Instruments BFDF will extend such after hours technical support to Customer under this War ranty Plan free of charge to Customer but subject to the terms conditions and limitations of this Warranty Plan 15 WHAT IS NOT COVERED BY THIS WARRANTY PLAN This Warranty Plan only covers repairs at BFDF s principal place of business This Warranty Plan does not include on site service at Customer s premis es However BFDF reserves the right in its sole discretion to effect repairs by or through its distributors or other authorized service technicians at Cus tomer s premises or at BFDF s distribu tors or authorized agents service facili ties BFDF may subcontract the ser vices under this Warranty Plan without notice to Customer 13 WHAT SERVICE RESPONSE TIMES APPLY FOR COVERED SERVICES BFDF will repair or replace the Instru ment and deliver the Instrument to a common carrier for return shipment to Customer as promptly as_ possible and in most cas
7. gation to incur any over night expedited or other special han dling charges However when repair or replacement is covered under this Warranty Plan if and to the extent BFDF is unable to repair or replace the BFDF instrument and deliver the BFDF instrument to a common carrier for re turn shipment to Customer within ten 10 business days after the later of i its receipt by BFDF or ii receipt by BFDF of all required RMA documents or information from Customer BFDF will pay any incremental costs incurred for expedited delivery service to Cus tomer Except for such incremental shipping costs BFDF shall not be lia ble for any delay in providing services under this Warranty Plan 79 West 4500 South Suite 14 Salt Lake City UT USA 1 801 262 3592 www BioFireDefense com MRKT PRT 0211 10 11 HOW DO I RETURN AN ITAR CONTROLLED INSTRUMENT FROM OUTSIDE THE U S OCONUS If an ITAR controlled Instrument is to be returned to BFDF from outside the U S You must first contact BFDF s Customer Support Department for a re turn material authorization Customer must follow all shipping instructions provided by BFDF s Customer Support Department including using BFDF s designated shipper if any Failure to follow all instructions can result in a U S export violation potentially ne cessitating acquiring a further export li cense Further shipping non compliance may result in a several week delay of the Instrument s r
8. iration of the then current Coverage Period This Warranty Plan does not provide cover age for any Instrument or Software af ter the date which is five 5 years after the Instrument is placed in service by original delivery to Customer notwith standing anything to the contrary in the foregoing and notwithstanding any quotation or acceptance by BFDF of any renewal premium for periods ex tending beyond such five 5 year peri od any such unearned premium shall be promptly refunded to Customer up on request 7 HOW DO I OBTAIN SERVICE To obtain service you must first follow the problem determination and resolu tion procedures provided with the In strument in its user manual or on the BFDF website at www idahotech com If you are unable to resolve a problem in that manner please contact BFDF s Customer Support Department United States at 801 262 3592 or via email at support biofiredefense com You will be asked to provide information and assistance over the telephone electronically or by remote access to help the technician identify a solution to your problem You may be asked to present the serial number for the cov ered Instrument and other information to determine coverage under this War ranty Plan Customers outside the U S may be required to seek further infor mation from their authorized distributor 8 HOW WILL BFDF PROVIDE REPAIR SERVICES rary loan basis iv assistance of BFDF
9. law BFDF shall not be liable to Customer for indirect special incidental or conse quential damages arising from the ser 79 West 4500 South Suite 14 Salt Lake City UT USA 1 801 262 3592 www BioFireDefense com MRKT PRT 0211 10 vices provided under this Warranty Plan delay in furnishing services or failure to furnish services including without limita tion loss of data or software loss of use or lost profits whether based in contract tort or otherwise even if BFDF has been advised of the possibility of such damag es Some states do not allow the limita tion or exclusion of incidental or conse quential damages so the above limita tions and exclusions may not apply to a particular Customer This Warranty Plan gives the Customer specific legal rights and the Customer may also have other rights which vary from state to state Conditions listed on the Certificate of Coverage apply to You 17 WHEN CAN THE WARRANTY PLAN BE PURCHASED 18 WHAT FEES OR CHARGES WILL BE INVOICED TO CUSTOMER This Warranty Plan can be purchased from BFDF or BFDF s authorized dis tributor at the time of Customer s original purchase or lease of the Instrument Thereafter Customer must apply for the Warranty Plan by contacting BFDF s au thorized distributor or the BFDF Custom er Support Department At BFDF s sole option and discretion BFDF may require that as a precondition to any extension of Warranty Plan coverage
10. ment s provided however that such service is necessi tated by Instrument failure during nor mal usage and the Instrument remains as originally configured and charged for in this Warranty Plan c Software Upgrades BFDF will provide new versions releases or upgrades of the Software but only if and to the extent made generally available by BFDF to its customers us ing comparable BFDF manufactured instruments during the Coverage Peri od of this Warranty Plan provided however that BFDF may require that Customer install and use any such Software upgrades as a condition precedent to its continued services un der this Warranty Plan d Optional Instrument Recal ibration and Quality Inspection No more than one 1 time during each yearly Coverage Period Customer may return the Instrument as per the instructions set forth in Paragraphs 7 9 and 11 for recalibration recom mended maintenance and perfor mance inspection and adjustment to original equipment specifications e Telephone Support BFDF will provide limited customer telephone technical support as specified below 3 HOW DOES THIS WARRANTY PLAN RELATE TO BFDF S STANDARD LIMITED WARRANTY This Warranty Plan does not alter modify or replace BFDF s standard Limited Warranty Rather this Warran ty Plan extends additional benefits to Customer for an additional period thereafter Please see Paragraphs 5 and 6 regarding Coverage Periods This Warra
11. minate the Instrument of all biological chemi cal or organic materials agents or tox ins Customer is solely responsible for shipment of the Instrument to BFDF free of any biological chemical or or ganic materials agents or toxins and otherwise in accordance with all appli cable laws rules and regulations and BFDF reserves the right to refuse de livery or return the Instrument without service if Customer does not strictly comply with this requirement Further Customer is solely responsible for backing up any data on a storage me dia external to the Instrument which will enable Customer to reconstruct or recover lost or altered data if neces sary and removing any confidential proprietary or personal information BFDF disclaims responsibility for any Regarding domestic CONUS Shipments BFDF is responsible for all domestic CONUS costs of shipping intransit insurance and related costs of delivery of the BFDF instrument or de fective component thereof Regarding international OCONUS Shipments Customer will be charged a one time flat handling fee of 250 00 Two Hundred Fifty United States Dollars to offset shipment and return shipment costs and BFDF will pay all other international OCONUS costs of shipping in transit insurance duty taxes and related costs except that Customer bears all risk of loss or damage during transit BFDF shall make all shipments in a commercially reasonable manner without obli
12. nty Plan and the Certificate of Coverage referenced herein constitute the entire understand ing of the parties hereto with respect to the subject matter hereof No amend ment modification rescission or altera tion of the terms hereof shall be bind ing unless the same be in writing dat ed subsequent to the date hereof and duly approved and executed by BFDF s Legal Department d Every provision of this War ranty Plan is intended to be severable If any term or provision hereof is illegal or invalid for any reason whatsoever such illegality or invalidity shall not af fect the validity of the remainder of this Warranty Plan e BFDF and Customer agree that the validity construction and per formance of this Warranty Plan shall be governed by the laws of the State of Delaware USA excluding any of its conflict of laws principles or jurispru dence which might refer to the sub stantive laws of any other jurisdiction Venue for any dispute or proceeding arising from or related to this Warranty Plan shall be exclusively vested in any state or federal court located in Salt Lake County State of Utah USA and each party irrevocably and uncondi tionally consents to the jurisdiction of such courts and irrevocably and un conditionally waives i any right to trial by jury and ii any claims defenses or objections whether substantive or pro cedural based upon lack of personal jurisdiction inconvenient venue or the like
13. nty Plan is not insurance or a substitute for insurance 4 WHO IS COVERED BY THIS WARRANTY PLAN The original end user customer Cus tomer or You is the person with rights under this Extended Warranty The Customer s rights and obligations under this Warranty Plan will bind and inure to the benefit of Customer s re spective successors heirs executors and administrators and permitted as signs 5 HOW LONG IS THE WARRANTY PLAN PERIOD The Extended Warranty Coverage Pe riod commences on the date of expira tion of the Limited Warranty and con tinues in effect for one year from such date as provided in the Certificate of Coverage If Customer purchases an Extended Warranty after expiration of the Limited Warranty then the Extend ed Warranty Coverage Period begins once the Instrument has been checked and recalibrated by BFDF and shipped back to Customer as per Paragraph 17 6 CAN THE COVERAGE PERIOD BE EXTENDED The Coverage Period can be extended for additional one 1 year Coverage Periods by delivering written notice of renewal to BFDF s Customer Support 79 West 4500 South Suite 14 Salt Lake City UT USA 1 801 262 3592 www BioFireDefense com MRKT PRT 0211 10 BIO PIRE DEFENSE Department together with the then current renewal premium quoted by BFDF s Customer Support Depart ment provided that the notice and re newal premium must be received by BFDF prior to the exp
14. ons software which is i owned or licensed by BFDF ii BFDF branded and iii cov ered by a user manual created by BFDF but specifically excludes Third Party Items This Warranty Plan does not provide coverage for Third Party Items which means i instruments or devices man ufactured by any party other than BFDF such as but not limited to centri fuges computers monitors printers or other peripheral accessories or devic es even where such instruments or devices are delivered with the system of which the Instrument is the primary component and ii computer software developed owned or licensed by any party other than BFDF such as but not limited to computer operating system or applications software other than Software installed or loaded on any such computers sold or distributed in connection with the Instrument To the extent assignable or transferable BFDF assigns all manufacturer warran ties of Third Party Items to its custom ers Subject to the terms and conditions be low this Warranty Plan provides the following benefits to Customer a Extended Limited Warran ty BFDF s standard Limited Warranty applicable to the Instrument and its Software will be extended for the Cov erage Period of this Warranty Plan see Paragraph 5 below b Instrument Repairs BFDF will furnish labor parts and or re placement equipment necessary to re pair operational or mechanical break downs of the Instru
15. or data other than soft ware installed by BFDF when the In strument was originally manufactured 10 WHO PAYS FOR SHIPPING AND INSURANCE COSTS If Your problem cannot be resolved over the telephone electronically or by remote access BFDF will determine in its sole discretion the most practi cable resolution which may include one or more of the following i ship ment of new or reconditioned replace ment parts to Customer together with appropriate instructions for Customer to install the parts on an exchange basis ii shipment of a new or recon ditioned replacement Instrument that is at least functionally equivalent to the original Instrument on an exchange basis iii shipment of a new in service or reconditioned Instrument that is at least functionally equivalent to the original Instrument on a tempo BIO PIRE DEFENSE Before returning any Instrument or part thereof to BFDF Customer must first contact BFDF s Customer Support Department for a Return Material Au thorization RMA number and shipping instructions Failure to follow ship ping instructions may result in delay of return shipment of Instrument Customer must follow the instructions specified by BFDF including without limitation instrument decontamination and data backup procedures and other procedures specified by BFDF in con nection with the RMA Before returning any Instrument or part thereof for service Customer must deconta
16. s Warranty Plan Customer shall pay for such repair or refurbishment at BFDF s then current standard repair and replacement fees plus applicable taxes shipping and in surance costs Payment shall be due and payable within thirty 30 days following Customer s receipt of the invoice All amounts shall be due and payable in lawful currency of the United States Payments are deemed made when re ceived by BFDF Interest shall accrue on any unpaid balances at a rate of 1 5 per month or the maximum legal interest rate allowed by applicable law if less from and after the due date 19 WHAT OTHER PROVISIONS APPLY TO THIS WARRANTY PLAN a The obligations of BFDF un der this Warranty Plan are backed by the full faith and credit of BFDF BFDF is the Warranty Plan seller and provid er Customer may return this Warranty Plan for any reason for a full refund within 30 days of receipt at which point coverage will end and BFDF will promptly reimburse Customer BFDF will add a penalty of 10 per month to any such refund to not paid to Cus tomer within 30 days of receipt Cus tomer s cancellation of notice b Each of the provisions and agreements herein contained shall be binding upon and ensure to the benefit of the parties hereto and their respec tive legal representatives successors and assigns BFDF may assign its rights and delegate its duties under this Warranty Plan by written notice to Cus tomer c This Warra
17. s authorized distributors or ser vice technicians or v issuance of a return material authorization RMA for Customer to return the Instrument or defective component thereof for repair or replacement by BFDF BFDF re serves the right to inspect the Instru ment or defective component thereof and may use reconditioned or re placement items or parts that are at least functionally equivalent to original manufacturer specifications Upon re ceipt by Customer of the replacement part or replacement Instrument the original part or Instrument becomes BFDF property and shall be returned by Customer to BFDF Customer shall pay to BFDF the retail value of the re placement part or Instrument if BFDF does not receive the original part within twenty 20 days after Customer s re ceipt of the replacement part or re placement Instrument 9 WHAT ACTIONS ARE NECESSARY PRIOR TO RETURNING ANY INSTRUMENT OR PART THEREOF FOR SERVICE lost damaged or destroyed software program data or other information stored or residing on any data storage or other media or any part of the In strument covered by this Warranty Plan including without limitation dele tion or alteration of the contents of the hard drive or data storage media which may occur during service of the In strument BFDF is not responsible for i damage to or loss of any programs data or removable storage media or ii the restoration or reinstallation of any programs
18. to Customer after the time of Customer s original pur chase or lease that a the Instrument be shipped to BFDF and repaired and recal ibrated to original manufacturer specifica tions b Customer upgrade the Software to the most recent version or release that would have been provided to Customer if this Warranty Plan had been maintained in effect from and after the time of Cus tomer s original purchase or lease of the Instrument and or c Customer install any applicable bug fixes to the Software lf BFDF requires Customer to comply with any of these Options such require ment s shall be at Customer s sole cost and expense at BFDF s then current standard repair and replacement or Soft ware upgrade bug fix fees and payable prior to any extension of this Warranty Plan to Customer However if and to the extent BFDF agrees to extend Warranty Plan coverage to Customer in connection with such repair and recalibration Cus tomer shall receive a credit equal to BFDF s then current recalibration fee but not repair charges or Software upgrade fees against the applicable renewal premium quoted by BFDF s Customer Support Department BIO PIRE DEFENSE International OCONUS Customers will be invoiced for the handling fee as per Paragraph 10 above In addition should BFDF repair or refurbish all or part of any Instrument at Customer s request in cir cumstances where such repair or refur bishment is not covered by thi
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