Cytek Biosciences

TERMS Payment is due 30 days from receipt of invoice. Remaining amounts due under this Agreement not received from Customer within fifteen (15) days of the due date shall be subject to a service charge of one and one half percent (1 1/2%) per month, or the maximum charge permitted by law, whichever is less. All prices are in USD. (Above terms are for credit-approved domestic accounts. International accounts by arrangement). CONDITIONS Total price quoted does not include any applicable sales tax. Prices quoted are valid for 60 days. Cancelled orders are subject to a cancellation charge not to exceed 20% to cover the cost of raw materials, work in process, or finished goods depending upon the production stage in which the order is cancelled. CYTEK SHIPPING All shipping is F.C.A./F.O.B. Destination Prepay and Add. Orders less than $1,000 USD will be shipped without insurance unless otherwise specified. Orders greater than $1,000 USD will include insurance unless otherwise specified. WARRANTY POLICIES Defects due to misuse, abuse, neglect or operator negligence are not covered. New and refurbished Cytek accessories are covered from defects in materials and workmanship for one (1) year under Cytek's depot level warranty. The warranty includes all parts and labor with all work performed at Cytek's Fremont, California facility and with shipping paid by Cytek. Refurbished flow cytometer systems DxP 6 cytometer and less are covered from defects in materials and workmanship by a 90-day on-site and one (1) year parts warranty starting from the date of installation. The 90-day on-site warranty covers travel, labor, and parts. Beginning ninety-one (91) days after installation, only parts are covered. If a service engineer needs to be dispatched on-site during the parts only warranty period, travel and labor charges will apply. DxP8 cytometers and greater are covered by a one year onsite warranty. This includes all travel, labor, and non-consumable parts plus one PMI visit. Custom colors may vary slightly from what you observe on your screen. Consumable items are not covered by this warranty. Cytek Upgrades are covered from defects in materials and workmanship for one (1) year. Only the upgraded components of the cytometer are covered. Failed parts replaced under this warranty must be returned to Cytek. Service visits not associated with the upgrade will be charged at the prevailing rate. All parts replaced in the existing cytometer as part of the upgrade are property of Cytek. New and used replacement parts are covered for defects in materials and workmanship for 30 days after installation. Defective parts marked as service returnable items have an "S" at the end of the part number and must be returned to Cytek within fourteen (14) days following receipt of the replacement part or the customer will be charged the non-exchange rate. COMPUTER SUPPORT POLICY Cytek's computer support policy provides support for only the software and hardware required for system operation designated the "basic flow cytometer system". Cytek does not guarantee the system will function if any additional hardware or software is installed, including network hardware and software. If the system fails to meet Cytek's specifications, then Cytek may, at its option, remove hardware and uninstall software in order to return the basic flow cytometer system to its original installed operational configuration. It is the responsibility of the customer to backup all data on the basic flow cytometer computer system. TRAVEL EXPENSES When quoting travel expenses a good faith estimate of their cost will be given prior to the visit. Invoiced travel expenses will be the actual expenses incurred to provide the onsite service and may be different than the travel expenses quoted. WARRANTY Cytek Development Inc. warrants that the services to be performed will be in a professional workman-like manner and shall conform to the standards of the industry. Buyer agrees that in the event Cytek Development, Inc. breaches any warranty in the performance of the services called for by this agreement, Cytek Development, Inc.'s sole liability is limited to re-servicing of the instrument(s) or at Cytek Development’s, Inc.'s option, return of the sum paid for such services. INDEMNITY AND WAIVER Cytek Development, Inc. agrees to indemnify and hold harmless the Buyer from any and all claims, demands, suits, and expenses by reason of injury or death of any person(s) or damage to any property (except as excluded hereafter) solely and directly attributable to the negligent acts or negligent omissions of Cytek Development, Inc., its agents or employees while on the premises of the Buyer and arising out of services provided herein. Cytek Development Inc. maintains Product and General Liability insurance polices. Copies of these policies are available upon request. If Buyer wishes to be named loss payee on our General Liability policy, there will be an additional 5% charge added to the total price of the agreement. OTHER This Agreement shall be governed in accordance with the laws of the State of California.