Additional terms govern the sale of Chromacity products by Edmund Optics, which can be found on this page, and are incorporated herein by reference.
Edmund Optics makes no warranty regarding the Chromacity. The Chromacity manufacturer warranty applicable to the products can be found at https://chromacitylasers.com/why-chromacity/legals/.
The standard terms of sale for Edmund Optics can be found at https://www.edmundoptics.com/terms-and-conditions.
(a) CLASS IV LASER DEVICE: THE OEM LASER PRODUCTS SOLD HEREUNDER ARE CLASS IV LASER DEVICES AS DEFINED AT 21 CFR, SUBCHAPTER J, PART 1040.10(B)(11). The purchaser acknowledges and agrees that because the products are OEM laser devices intended for incorporation as components in a laser processing system or part thereof that is designed, manufactured or integrated by the purchaser or the purchaser’s integrator (the “Integrated Product”), the products do not meet all of the Standards for complete laser processing systems as specified by 21 CFR, Subchapter J without additional safeguards. The purchaser is solely responsible to ensure that any Integrated Product is designed and certified to meet all applicable safety statutes, rules or regulations prior to delivery for end use or sale to the public. Neither Chromacity Ltd (the product manufacturer) nor Edmund Optics Ltd (the product supplier) play a role in the design or manufacture of, or the integration of the products into the Integrated Products or assume any responsibility for the compliance of any Integrated Product into which the products are incorporated. The purchaser hereby agrees to indemnify and hold harmless Chromacity Ltd and Edmund Optics Ltd against any government or third-party claims, penalties or liability required to be paid by Chromacity Ltd or Edmund Optics Ltd arising out of the failure of any Integrated Product to comply with or be certified under applicable safety statutes, rules or regulations.
(b) Workplace Practices: It is the responsibility of the purchaser to know, understand and comply with the work and safety laws and regulations in effect and governing the purchaser’s use of the products provided hereunder. If the purchaser is the end-user of the Integrated Product, the purchaser agrees that the products and all persons other than Chromacity Limited personnel operating or maintaining such products will be deemed under the purchaser’s exclusive control. To the extent governing law requires inspections, reviews, records keeping and/or after-purchase modifications to the products, it is the responsibility of the purchaser to arrange for and comply with such requirements and any associated costs are the sole responsibility of the purchaser. The purchaser shall indemnify Chromacity Limited and Edmund Optics Ltd against all third-party claims and liability required to be paid by Chromacity Limited or Edmund Optics Ltd to the extent arising out of (a) any modifications, including but not limited to repairs, made to the products by or on behalf of the purchaser by persons or parties other than Chromacity Limited or Edmund Optics Ltd, and/or (b) the purchaser’s negligent use of the products or use not in accordance with Chromacity Limited’s documentation applicable to the products, including but not limited to use in production with any of the Integrated Product safety functions disabled, obstructed or circumvented.
(c) Purchaser Indemnification.. Notwithstanding any contrary provision of this Agreement other than this sub-clause, in no event shall Chromacity Limited or Edmund Optics Ltd be liable for any loss, damage or product failure attributable to any service, product, or actions of any person other than Chromacity Limited or Edmund Optics Ltd, their employees and duly authorized agents. Chromacity Limited and Edmund Optics Ltd shall not be liable for, and the purchaser shall indemnify Chromacity Limited and Edmund Optics Ltd against, all third party claims and associated liability including costs, expenses and attorneys’ fees, required to be paid by Chromacity Limited or Edmund Optics Ltd to the extent arising out of (i) any defects in design, manufacture, warning, materials or workmanship of any Integrated Product, (ii) any modification of Products by any party other than Chromacity Limited, or (iii) the use of the product integrated into or in combination with other products, including but not limited to the Integrated Product, save in each case to the extent that any such claims and/or liability arise out of any defect in the product purchased from Edmund which was caused by Edmund Optics Ltd or Chromacity Limited. Notwithstanding the foregoing, nothing in this Agreement shall limit any liability which cannot legally be limited, including (but for the avoidance of doubt only where this Agreement is one in respect of which such liability cannot legally be limited) liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.