LEGAL DISCLAIMER

Installation and Use: Customer shall install and use the Products in accordance with instructions provided by REACH. REACH will not be responsible for any damage arising out of direct exposure to fire, flooding or severe mechanical impact, improper or unauthorized installation, opening or altering of the unit in which the Products are encased, negligence, neglect, abuse, misuse, or improper maintenance by Customer and any such acts will invalidate the warranty. Further, if the flow cell is destroyed by hydrofluoric acid, concentrated hydrogen peroxide, strong hot aqueous alkaline solutions or fuming nitric acid; or damaged by excessive pressure and/or if the flow cell is permanently clogged with solid material, those acts will invalidate the warranty. A fee will be charged for the flow cell replacement where it is destroyed, damaged or clogged.

Prohibited Uses: Customer shall not and shall not permit others to use the products for separations of mixtures containing hydrofluoric acid, concentrated hydrogen peroxide, strong hot aqueous alkaline solutions or fuming nitric acid. The detector cannot be used under pressures exceeding the specified value. The detector cannot be used for separation of solutions containing suspended solid particles. Standard safety practices, pertinent to the workplace, must be maintained at all times.

Limited Warranty: REACH warrants all of its products to be free from defects in material and workmanship under normal use and service for a period of three years from the date of shipment. REACH’s sole obligation under this warranty shall be limited either to replace or repair defective products or to refund the purchase price, at REACH’s option, after inspection at REACH’s facility verifies the claim. THERE ARE NO OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THIS LIMITED WARRANTY, AND TO THE FULL EXTENT PERMITTED BY LAW, ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM ANY COURSE OF DEALING OR USAGE OR TRADE, ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED, AS WELL AS ALL OTHER OBLIGATIONS OR LIABILITIES OF REACH.

Reverse Engineering: As a condition of sale, Customer agrees not to copy, reverse engineer, produce or manufacture, or to cause or enable others to copy, reverse engineer, produce or manufacture any item containing intellectual property rights or confidential information of REACH.

Force Majeure: REACH is not liable for loss, damage, detention, or delay due to causes beyond its reasonable control such as acts of God, acts of Customer, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riot, delays in transportation, government restrictions or embargoes, or difficulties in obtaining necessary labor, materials, and manufacturing facilities due to such causes.

Limitation of Liability: CUSTOMER AGREES THAT REACH SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES INLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR PROFIT, PROPERTY DAMAGE OR LOSS OF GOODWILL, EVEN IF REACH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, ARISING OUT OF OR RESULTING FROM THE SALE, INSTALLATION OR USE OF ANY REACH PRODUCT OR SERVICE OR FOR ANY OTHER REASON. REACH’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH ANY OCCURRENCE OR SERIES OF OCCURRENCES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE CONTRACTUAL VALUE OF THE GOODS OR SERVICES SOLD SIX MONTHS PRIOR TO THE OCCURRENCE. REACH WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE IMPROPER RETURN OF PRODUCTS THAT CONTAIN HAZARDOUS MATERIALS ON OR WITHIN THE PRODUCTS.