1/3 Warranty

eLabDirect warrants to the original purchaser of every new eLabDirect cryogenic storage device or refrigerated unit to be free from defects in material or workmanship when the product is installed, used, and maintained in accordance with provided instructions. The warranty is in effect for one (1) year from the date of shipment from eLabDirect. Compressors and vacuum integrity are warranted for three (3) years.

Under this warranty, eLabDirect, through its authorized service organizations, will repair, or at its option, replace, any part found to contain a manufacturing defect in material or workmanship without charge for parts, service labor, or shipping for one year.  Replacement or repaired parts will be warranted for the balance of the original warranty.

The three year warranty on compressors and vacuum integrity is limited to defective part only and does not include service labor or shipping.

NO CONSEQUENTIAL DAMAGES.  eLabDirect is not responsible for economic loss, profit loss, or special, indirect or consequential damages, including without limitation, losses or damages arising from contents spoilage claims whether or not on account of refrigeration failure, electrical failure, power failure, or compressor failure.  ELABDIRECT’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO ALL CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY, WHETHER OR NOT INSURED, SHALL NOT EXCEED THE COST OF THE PRODUCT(S) GIVING RISE TO THE CLAIM OR LIABILITY.

WARRANTY IS NOT TRANSFERABLE.  This warranty is not assignable and applies only in favor of the original purchaser to whom delivered.  Any such assignment or transfer shall void all warranties.

NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  There are no other warranties, express, implied, or statutory, except the one (1) year warranty and 3-year replacment for compressors and vacuum canisters.  These warranties are exclusive and in lieu of all other warranties, including implied warranty and merchantability, or fitness for a particular purpose.  There are no warranties that extend beyond the description on the face hereof, whether based on contract, warranty, tort (including negligence), strict liability, indemnity, or any other legal theory, and whether arising out of warranties, representations, instructions, installations, or non-conformities from any cause.  Purchaser further acknowledges that the purchase price of the product reflects these warranty terms and remedies.

ALTERATION, NEGLECT, ABUSE, MISUSE, ACCIDENT, DAMAGE DURING TRANSIT OR INSTALLATION, FIRE, FLOOD OR OTHER EXTERNAL CAUSES.  eLabDirect is not responsible for the repair or replacement of any parts that eLabDirect determines have been subjected (after the date of manufacture) to alteration, neglect, abuse, misuse, accident, damage during transit or installation, fire, flood or other external causes.  It does not apply to defects resulting from failure to properly install, operate or maintain the product in accordance with the printed instructions provided, or damage caused by the storage of any corrosive material that comes in contact with the interior or exterior portions of the cabinet, or the use of spark-producing equipment or containers (such as galvanized or carbonized steel containers) that come in contact with any interior portion of the cabinet.

OUTSIDE U.S./CANADA.  This warranty does not apply to, and eLabDirect is not responsible for, any warranty claims made on products sold or used outside the United States and Canada.

CHOICE OF LAW/VENUE.  The laws of the State of South Carolina shall govern the validity, interpretation and enforcement of this warranty, regardless of conflicts of law principles.  Purchaser agrees that proper venue for any action to enforce the terms of this warranty shall be the Dorchester County District Courts, South Carolina.  Purchaser submits the jurisdiction of such courts over the Purchaser and the subject matter of any such action.  Any action for breach of these warranty provisions must be commenced within one (1) year after that cause of action has accrued.

WARRANTY CLAIMS.  To obtain prompt warranty service, call the manufacturer at 800-648-4041.  eLabDirect’s shipping records shall be conclusive in establishing the warranty period.  All claims should include  model number, serial number, proof of purchase, date of installation, and information defining the alleged defect.  Any repairs must be authorized by eLabDirect for the warranty to be honored.

DELIVERY AND DELAY.  Unless otherwise agreed to in writing signed by eLabDirect: (i) goods shall be delivered EXW Loaded, eLabDirect’s factory with delivery to the initial carrier constituting delivery to Purchaser; (ii) title to the Products and risk of damage or loss shall pass to Purchaser upon delivery to the initial carrier; (iii) transportation costs shall be paid by Purchaser; and  (iv) Purchaser shall have sole responsibility for filing any claims with any carrier for delay, loss, or damage.

   eLabDirect shall not be liable for any delay beyond its reasonable control or caused by accident, bad weather, embargo, act of Purchaser or third parties, labor disputes, national emergency, riots, non-delivery of suppliers, delays of carriers or delivery agents, inability to obtain labor, materials or manufacturing facilities, acts of God, or government restrictions, prohibitions or requirements.  In the event of any such delay, eLabDirect’s time period for delivery or performance shall be extended accordingly. During any period of shortage due to the stated or similar causes, eLabDirect may prorate its supply of material among its internal demand and its customers in whatever manner it chooses. REGARDLESS OF THE CAUSE, ELABDIRECT SHALL HAVE NO LIABILITY FOR PENALTIES OF ANY NATURE AS A RESULT OF A DELAY NOR SHALL PURCHASER BE RELIEVED OF PERFORMANCE UNDER THE CONTRACT/ORDER BECAUSE OF FAILURE TO MEET THEM.  eLabDirect reserves the right to make delivery in installments, and all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries.  Claims for shortages or other errors in delivery must be made in writing to eLabDirect within five (5) days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser.

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