Common use of Warranty for Hardware Clause in Contracts

Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.3. The foregoing warranty does not apply to the extent non- conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.

Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.33.4. The foregoing warranty does not apply to the extent non- conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful lifeUseful Life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.

Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.33.4. The foregoing warranty does not apply to the extent non- non-conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful lifeUseful Life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.;

Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.3. The foregoing warranty does not apply to the extent non- non-conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.;