Common use of WARRANTY; WARRANTY DISCLAIMER Clause in Contracts

WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that cells and microorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC for a period of thirty (30) days (”WARRANTY PERIOD”). ATCC warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCC’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to BEI Resources’ Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT.

WARRANTY; WARRANTY DISCLAIMER. ATCC PROVIDER warrants that cells and microorganismsorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC PROVIDER for a period of thirty twenty-four (3024) days hours (”WARRANTY PERIOD”). ATCC PROVIDER warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCCPROVIDER’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to BEI Resources’ FR3 Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC PROVIDER ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT.