Common use of Warranty for Consumables Clause in Contracts

Warranty for Consumables. Illumina warrants that, for a period of ninety (90) days from the date of delivery of any Consumable (excluding Custom Oligo Pools and Custom Arrays), such Consumable will conform to Illumina’s Specifications in effect as of the date of delivery. This limited warranty extends only to Customer, as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Custom Oligo Pools and oligos used in the manufacture of Custom Arrays, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products shall be (a) manufactured substantially in accordance with all applicable laws and regulations, (b) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time of shipment. The foregoing warranties shall not apply if any such Consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Illumina, (b) has been repaired, altered, disassembled or reassembled, (c) has not been operated, repaired and maintained in accordance with the Documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with Illumina. If during the ninety (90) day warranty period for any Consumable (a) Illumina is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, (b) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-current return procedures, as set forth by Illumina from time to time, and (c) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable that has either been repaired or replaced under this warranty shall have warranty coverage for the longer of thirty (30) days or the remaining warranty period. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

Warranty for Consumables. Illumina warrants that, for a period of ninety (90) days from the date of delivery of any Consumable (excluding Custom Oligo Pools and Custom Arrays), such Consumable will conform to Illumina’s Specifications in effect as of the date of delivery. This limited warranty extends only to Customer, as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Custom Oligo Pools and oligos used in the manufacture of Custom Arrays, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products shall be (a) manufactured substantially in accordance with all applicable laws and regulations, (b) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time of shipment. The foregoing warranties shall not apply if any such Consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Illumina, (b) has been repaired, altered, disassembled or reassembled, (c) has not been operated, repaired and maintained in accordance with the Documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with Illumina. If during the ninety (90) day warranty period for any Consumable (a) Illumina is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, (b) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-then- current return procedures, as set forth by Illumina from time to time, and (c) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable that has either been repaired or replaced under this warranty shall have warranty coverage for the longer of thirty (30) days or the remaining warranty period. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

Warranty for Consumables. Illumina warrants that, for a period of ninety (90) days from the date of delivery of any Consumable The Consumables (excluding Consumables that are Custom Oligo Pools and Custom ArraysGoods, if any), such Consumable will conform to Illumina’s the Specifications in effect as of until [*] (the date of delivery“Consumable Warranty Period”). This limited warranty extends only to Customer, Customer as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Consumables that are Custom Oligo Pools and oligos used in the manufacture of Custom ArraysGoods, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products Custom Goods shall (i) be (a) manufactured substantially in accordance with all applicable laws and regulations, regulations and (bii) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time . Illumina makes no warranty that Customer will achieve its desired results through use of shipmentsuch Custom Goods. The foregoing warranties shall not apply if any such Consumable (a1) has been subjected to abuse, misuse, neglect, negligence, accident, improper or to testing, improper [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. installation, improper storage, improper handling or use contrary to the Documentation or any other written instructions issued by IlluminaIllumina to Customer or has been used in any manner inconsistent with the rights conferred upon Customer under this Agreement, (b2) has been repaired, altered, disassembled or reassembled, (c3) has not been operated, repaired and maintained in accordance with the Documentation, (d4) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e5) has been used with any third party good not provided under this or any other agreement with Illumina,. If during the ninety Consumable Warranty Period: (90A) day warranty period for any Consumable (a) Illumina Illumina’s authorized service or support representative is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, including a reasonable description of such alleged failure, (bB) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-current return procedures, as set forth by Illumina from time to time, and (cC) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable that has either been repaired or replaced under this warranty shall have warranty coverage for the longer of thirty (30) days or the remaining warranty period. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE[*].

Warranty for Consumables. Illumina warrants that, for a period of ninety (90) days from the date of delivery of any Consumable (excluding Custom Oligo Pools and Custom Arrays), such Consumable will conform to Illumina’s Specifications in effect as of the date of delivery. This limited warranty extends only to Customer, as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Custom Oligo Pools and oligos used in the manufacture of Custom Arrays, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products shall be (a) manufactured substantially in accordance with all applicable laws and regulations, (b) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time of shipment. The foregoing warranties shall not apply if any such Consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Illumina, (b) has been repaired, altered, disassembled or reassembled, (c) has not been operated, repaired and maintained in accordance with the Documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with Illumina. If during the ninety (90) day warranty period for any Consumable (a) Illumina is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, (b) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-then- current return procedures, as set forth by Illumina from time to time, and (c) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable that has either been repaired or replaced under this warranty shall have warranty coverage for the longer of thirty (30) days or the remaining warranty period. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

Warranty for Consumables. Illumina warrants thatThe Consumables, for a period will conform to the Specifications until the later of ninety (90i) days […***…] ([…***…]) months from the date of delivery delivery, or (ii) any expiration date or the end of any Consumable (excluding Custom Oligo Pools and Custom Arrays), the shelf-life pre-printed on such Consumable will conform to by Illumina’s Specifications , but in effect as of no event later than […***…] ([…***…]) months from […***…] (the date of delivery“Consumable Warranty Period”). This limited warranty extends only to Customer, as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Custom Oligo Pools and oligos used in the manufacture of Custom Arrays, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products shall be (a) manufactured substantially in accordance with all applicable laws and regulations, (b) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time of shipment. The foregoing warranties shall not apply if any such Consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by IlluminaIllumina or has been used in any manner inconsistent with the rights conferred upon Customer under this Agreement, (b) has been repaired, altered, disassembled or reassembled, (c) has not been operated, repaired and maintained in accordance with the Documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with Illumina. If during the ninety (90) day warranty period for any Consumable Warranty Period: (a) Illumina Illumina’s authorized service or support representative is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, including a detailed description of such alleged failure, (b) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-current return procedures, as set forth by Illumina from time to time, and (c) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy (except for any indemnification obligations of Illumina pursuant to Section 23(a) and 23(c)) and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable that has either been repaired or replaced under this warranty shall have warranty coverage for the longer of thirty […***…] (30[…***…]) days or the remaining warranty period. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREIN, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE[…***…].

Warranty for Consumables. Illumina warrants thatThe Consumables, will conform to the Specifications until the later of (i) for a period of ninety (90) days Non-TG Consumables […***…] months from the date of delivery of any Consumable (excluding Custom Oligo Pools shipment, and Custom Arrays)for TG Consumables, such Consumable will conform to Illumina’s Specifications in effect as of […***…] months from the date of deliveryshipment, or (ii) any expiration date or the end of the shelf-life pre-printed on such Consumable by Illumina, but in no event later than […***…] months from the date of shipment (the “Consumable Warranty Period”). This limited warranty extends only to Customer, as original purchaser unless otherwise agreed upon in writing by Illumina. As to both Standard Oligo Pools, Custom Oligo Pools and oligos used in the manufacture of Custom Arrays, Illumina only warrants to Customer that the individual oligos incorporated into such oligo products shall be (a) manufactured substantially in accordance with all applicable laws and regulations, (b) undergo Illumina’s standard quality control procedures, and (c) conform with the oligo specifications set forth on the relevant purchase order at the time of shipment. The foregoing warranties shall not apply if any such Consumable (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by IlluminaIllumina or has been used in any manner inconsistent with the rights conferred upon Customer under this Agreement, (b) has been repaired, altered, disassembled or reassembled, (c) has not been operated, repaired and maintained in accordance with the Documentation, (d) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (e) has been used with any third party good not provided under this or any other agreement with Illumina. If during the ninety Consumable Warranty Period: (90x) day warranty period for any Consumable (a) Illumina Illumina’s authorized service or support representative is notified promptly in writing upon discovery of any failure of such Consumable to conform to the warranty set forth in this Section, including a detailed description of such alleged failure, (by) such Consumable is returned, transportation charges prepaid, to Illumina’s designated manufacturing facility in accordance with Illumina’s then-current return procedures, as set forth by Illumina from time to time, and (cz) Illumina’s inspections and tests determine that such Consumable indeed fails to conform and has not been subjected to any of the conditions set forth in this Pub No. 000-0000-000 GOODS Europe 22OCT08 Section, then, as Customer’s sole remedy (except for any indemnification obligations of Illumina pursuant to Section 21.a and 21.c) and Illumina’s sole obligation under the foregoing warranty, Illumina will, at Illumina’s option, repair or replace without charge such Consumable. Any Consumable Repaired or replaced Consumables come with a warranty that has either been is the longer of […***…] days after shipment of the repaired or replaced under this warranty shall have warranty coverage for the longer of thirty (30) days Consumable or any expiration date or the remaining end of the shelf-life pre-printed on such Consumable. In no event will the warranty periodfor repaired or replaced Consumables be later than […***…] months from the date of shipment. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH HEREINWith respect to replaced TG Consumables, ILLUMINA MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SYSTEM OR ANY HARDWARE, SOFTWARE, DOCUMENTATION, COMPONENTS, CONSUMABLES OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADEIllumina will use commercially reasonable efforts to provide replacement TG Consumables in a Customer’s scheduled shipment where single lot per shipment can be maintained.