ABRAXIS LLC. (“Abraxis”) warrants the products sold here under (“the Products”) against in materials and workmanship when used in accordance with the applicable instructions for a period of one year from the date of shipment of the products or if shorter, for a period not to extend beyond a product’s printed expiration date. If the Products do not conform to this Limited Warranty and the customer notifies Abraxis in writing of such defects during the warranty period, including an offer by the customer to return the products to Abraxis for evaluation, Abraxis for evaluation, Abraxis will repair or replace or replace, at its option, any product or part thereof that proves defective in materials or workmanship within the warranty period.
ABRAXIS MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty provided herein and the data, specifications and descriptions of Abraxis products appearing in
Abraxis published catalogues and product literatures are Abraxis’ sole representations concerning the products and warranty. No other statements or representations, written or oral, by Abraxis’ employees, agents or representatives, except written statements signed by a duly authorized officer of Abraxis Inc., are authorized; they should not be relied upon by the customer and are not a part of the contract of sale or of this warranty.
Abraxis does not warrant against damages or defects arising in shipping or handling, or out of accident or improper or abnormal use of the Products; against defects in products or components no manufactured by Abraxis, or against damages resulting from such no-Abraxis made products or components. Abraxis passes on to customer the warranty it received (if any) from the maker thereof of such non-Abraxis made products or components. This warranty also does not apply to Products to which changes or modifications have been made or attempted by persons other than pursuant to written authorization by Abraxis.
THIS WARRANTY IS EXCLUSIVE. The sole and exclusive obligation of Abraxis shall be to repair or replace the defective Products in the manner and for the period provided above. Abraxis shall not have any other obligation with respect to the Products or any part thereof, whether based on contract, tort, strict liability or otherwise. Under no circumstances, whether based on this Limited Warranty or otherwise, shall Abraxis be liable for incidental, special, or consequential damages.
This Limited Warranty states the entire obligation of Abraxis with respect to the Products. If any part of this Limited Warranty is determined to be void or illegal, the remainder shall in full force.