Warranty, Limitation of Liability & Return Policy

(a) CONE INSTRUMENTS warrants to the original CUSTOMER only, that products are guaranteed to be free of defects in material or workmanship for up to 60 days from delivery.

(a) CONE INSTRUMENTS HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

(b) The liability of CONE INSTRUMENTS under this limited warranty does not extend to any Products which are abused, altered or misused by the CUSTOMER or any other persons or entities or which become defective or non-conforming through the actions or inaction of the CUSTOMER or any other persons or entities. A defective or non-conforming Product is defined only as a Product which is outside of the manufacturer's defined Product specifications, and shall not include Products that fail to meet any fitness of use by CUSTOMER or any unique CUSTOMER operating conditions or applications.

(c) If any Product or Service warranted hereunder proves defective or non-conforming, CONE INSTRUMENTS' sole liability and CUSTOMER's sole remedy hereunder shall be for CONE INSTRUMENTS, to repair or, at CONE INSTRUMENTS's option, (i) replace (or re-perform the Service), at no cost to CUSTOMER, any such defective or non-conforming Product with a non-defective or conforming Product (as applicable) or (ii) credit CUSTOMER's account for all amounts paid with respect to the defective or non-conforming Product or Service upon CONE INSTRUMENTS's receipt of the defective or non-conforming Product.

(d) IN NO EVENT SHALL CONE INSTRUMENTS HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, USE OR GOODWILL, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

(a) All returns must be authorized by CONE INSTRUMENTS in order to insure proper credit and must be requested within 60 days of purchase and may be subject to a restocking fee ranging from 5% to 30% of the purchased price of the item. For returns not due to CONE INSTRUMENTS error, CUSTOMER is responsible for all transportation fees related to the returned product. To ensure proper credit, each Product return must include the following information:

• CUSTOMER Name and Address
• Purchase Order Number
• CONE INSTRUMENTS’ Shipping Order Number
• Date of Invoice Catalog Number of Returned Item(s)
• CONE INSTRUMENTS, Return Authorization Number
• Reason for Return

(b) Products not authorized for return include:

• Products not in completely resalable condition
• Chemicals, drugs, diagnostics, sterile or any controlled products (unless products do not meet specification)
• Equipment that has been used or is without the original packaging, labeling and operating manuals.
• Refrigerated products or other perishables
• Products which are not inventoried by CONE INSTRUMENTS and are not able to be returned to the manufacturer
• Products purchased on a Special Order Basis
• Products not purchased from CONE INSTRUMENTS
• Products with an expired shelf life or an expiration date too short for resale
• Discontinued products