Product Purchase and License Agreement
This Agreement is between ADInstruments NZ Limited [‘ADInstruments’] and the purchaser [‘the Purchaser’] of any ADInstruments product or solution — software, hardware or both — and covers all obligations and liabilities on the part of ADI, the Purchaser, and other users of the product. The Purchaser (or any user) accepts the terms of this Agreement by using the product or solution. Any changes to this Agreement must be recorded in writing and have ADInstruments and the Purchaser’s consent. For ADInstruments software made available with our products, our Software License terms also apply.
The Purchaser and any others using any ADInstruments product or solution agree to use it in a reasonable manner for purposes for which it is suited, and agree to take responsibility for their actions and the results of their actions. If problems arise with an ADInstruments product, ADInstruments will make all reasonable efforts to rectify them. This service may incur a charge, depending on the nature of the problems, and is subject to the other conditions in this Agreement. ADInstruments does not separately warrant the performance of products, equipment or software manufactured by third parties which may be provided to Purchaser as part of an overall solution. However, as further noted below, ADInstruments will pass through to Purchaser all applicable third party warranties to the extent it has the right to do so.
Statement of Intended Use
Products supplied by ADInstruments are intended for use in teaching and research applications and environments. Products supplied by ADInstruments are NOT intended to be used as medical devices or in medical environments. That is, no product supplied by ADInstruments is intended to be used to diagnose, treat, or monitor a subject. Furthermore no product is intended for the prevention, curing or alleviation of disease, injury or handicap.
Where a product meets IEC 60601-1 it is under the principle that:
- it is a more rigorous standard than other standards that could be adopted and
- it provides the most appropriate safety level for subjects and operators.
The choice to meet IEC 60601-1 is in no way to be interpreted to mean that a product:
- is a medical device;
- may be interpreted as a medical device;
- is safe to be used as a medical device.
ADInstruments Product Hardware Warranty
ADInstruments warrants that PowerLab Data Acquisition Units (PL prefix)1 and Front-ends (FE prefix)2 shall be free from defects in materials and workmanship for five (5) years from the date of shipment. Other PowerLab Data Acquisition Units3, Front-ends4 and Pods5 shall be free of defects in material and workmanship for three (3) years from their date of shipment. ADInstruments also warrants that ADInstruments Specialized Data Recorders6 and Instruments7 shall be free of defects in material and workmanship for one (1) year from their date of shipment. ADInstruments warrants that Kaha Sciences Rat Telemeters shall be free from defects in materials and workmanship for 60 days from the date of shipment or implant into the animal; that Kaha Sciences Mouse Telemeters shall be free from defects in materials and workmanship for 90 days from the date of shipment and that Kaha Sciences SmartPad, tBase and Configurator shall be free from defects in material and workmanship for one (1) year from date of shipment.
If there is such a defect, as Purchaser’s sole remedy hereunder, ADInstruments will repair or replace the equipment as appropriate, and the duration of the warranty shall be extended by the length of time needed for repair or replacement. To obtain service under this warranty, the Purchaser must notify the nearest ADInstruments office, or Authorized Representative, of the defect before the warranty expires. The ADInstruments or Representative office will advise the Purchaser of the nearest service center address to which the Purchaser must ship the defective product at his or her own expense. The product should be packed safely, preferably in its original packaging. ADInstruments will pay return shipping costs.
Hardware Warranty Limitations
This warranty applies only to the ADInstruments hardware specified in this document and used under normal operating conditions and within specification. Consumables, electrodes and accessories are not covered by this warranty. Third party equipment may be covered by the third party manufacturer’s warranty. To the extent that ADInstruments has the right to pass through any third party manufacturer warranties to Purchaser it will do so to the extent it is able to do so. Copies of applicable third party manufacturer warranties, to the extent they exist, are available upon request. The warranty provided hereunder does not cover hardware modified in any way, subjected to unusual physical, electrical or environmental stress, used with incorrectly wired or substandard connectors or cables, or with the original identification marks altered. Tampering with or breaking of the Warranty Seal will also void the warranty.
Product Types & Warranty Term
ADInstruments manufactured products covered by five (5) year warranty
- Data Acquisition Units: PowerLab 35, 26, 26T and 15T series with PL prefix
- Front-ends: ADInstruments Front-end Signal Conditioners with FE prefix.
ADInstruments manufactured products covered by three (3) year warranty
- Data Acquisition Units: PowerLab 26 series with ML prefix
- Front-ends: ADInstruments Front-end Signal Conditioners with ML prefix.
- Pods: The entire range of ADInstruments Pod Signal Conditioners.
ADInstruments manufactured products covered by one (1) year warranty
- Specialized Data Recorders: Metabolic Systems (e.g. ML240 PowerLab/8M Metabolic System)
- Instruments: Blood FlowMeter, Gas Analyzers, NIBP System (excluding transducers), STH Pump Controller.
Kaha Sciences manufactured products covered by 60 day warranty
- Rat Telemeters
Kaha Sciences manufactured products covered by 90 day warranty
- Mouse Telemeters
Kaha Sciences manufactured products covered by one (1) year warranty
- SmartPad, tBase and Configurator
Third Party Products (Including Transducers)
Products not manufactured by ADInstruments are covered by the manufacturer’s warranty.
Accessories and Consumables
Accessories and Consumables are not covered by any type of warranty.
ADInstruments products are produced to high standards, and should perform as described in the supplied documentation. There is a limited hardware warranty, and technical support is provided for all ADInstruments products. Nevertheless, since ADInstruments products could be affected by external factors (for instance, the computer system on which they run and other hardware and/or software provided by third parties), absolute performance and reliability of products and the overall solution cannot be guaranteed. No warranty, either expressed or implied or statutory, other than that expressly contained in this Agreement, is made in respect to ADInstruments products or software, third party products or software, the overall solution or otherwise. The Purchaser therefore assumes all risks as to the performance and reliability of the products, the software, the solution and the results gained using them. ADInstruments neither assumes or authorizes any person to assume on its behalf any liability in connection with the sale, installation, service or use of its products. ADInstruments shall not be held responsible for special, consequential or punitive damages of any kind arising out of sale, installation service or use of its products.
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH HEREIN (AND IN OUR SOFTWARE LICENSE TERMS AS APPLICABLE), THE SOLUTION AS WELL AS ALL EQUIPMENT AND SOFTWARE PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND ADINSTRUMENTS MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, ADINSTRUMENTS AND ITS SUPPLIERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOLUTION TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE EQUIPMENT AND SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, ADINSTRUMENTS MAKES NO WARRANTY THAT THE EQUIPMENT OR SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE OR EQUIPMENT WILL MEET YOUR REQUIREMENTS. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ADINSTRUMENTS OR ITS SUPPLIERS BE LIABLE TO PURCHASER OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL ADINSTRUMENTS OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE EQUIPMENT AND SOFTWARE, EVEN IF ADINSTRUMENTS, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADInstruments is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.
Controlling Law and Severability
This license shall be governed by the laws of the territory into which the software is sold, or if sold into the United States of America, by the laws of the State of California.
The Purchaser is entitled to free technical support for any ADInstruments product for one year from its date of purchase. Our technical support staff can provide advice concerning installation and operation of ADInstruments products. Services outside of this may incur a charge. Technical support staff will not provide experimental protocols or procedural instructions for conducting experiments. However, information of this type may be provided in the supplied product documentation, or on ADInstruments web sites.
For additional information or service inquiries please contact the nearest ADInstruments office or Authorized Distributor. For contact details follow this link.