Common use of Exceptions to Warranty Clause in Contracts

Exceptions to Warranty. The warranty provided above shall be void if the non-conformity or defect at issue results from or relates to any of the following (each of the following being an “Unsupported Cause”): (i) the Product fails, malfunctions or is damaged, or the non-conformity or defect arises, as a result of any improper, incorrect or unauthorized handling, storage, installation, shipping, use, maintenance, removal, modification, services or repair; (ii) the Product is accidentally damaged or is subjected to abuse or neglect (including, without limitation, any damage that arises from environmental or operational conditions, such as, but not limited to, electrostatic discharge, externally caused short circuits, incorrect voltages or other improper external inputs); (iii) the Product is modified or altered where the modification or alteration was not provided by or expressly authorized in writing by GenMark; (iv) the Product is damaged such that GenMark is unable to verify the nonconformity or defect in the normal course of Product testing; (v) in the case of an Instrument, the Instrument is moved or relocated by anyone other than a GenMark authorized service technician unless GenMark approves in writing such move or relocation prior to the occurrence thereof; or (vi) the Product is used in combination with any technology, hardware, software, product, material and/or other property (including, without limitation, any chemicals and reagents) not supplied by GenMark or expressly authorized in writing by GenMark or the applicable Product documentation (including, without limitation, label claims and product inserts). Any claims related to breach of the above Product warranty that are not made by the Customer within the applicable Product warranty period will be forfeited and void. The above Product warranty is provided to only the Customer who originally acquired the Product from GenMark and is not transferable or assignable to any other person or entity.