Payment at the time of order is required for all orders. Refunds will be made for unopened boxes returned to us within five business days from receipt of the order
FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab and PATLab are designed to be used for research and educational purposes under various FDA exemptions and restrictions (21 CFR 862.2140; 21 CFR 864.4010; 21 CFR 864.6150 & 21 CFR 862.2150). Customer warrants that it will use the device and the reagents for research and educational purposes, and as otherwise allowed by the FDA, and will use such products in accordance with the user manual, specifications and other information provided by the manufacturer.
Customer acknowledges that Innovatics is not the manufacturer of FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab and PATLab. The manufacturer – H&D srl, Italy– provides the warranty to Customer. INNOVATICS SPECIFICALLY DISCLAIMS ANY EXPRESS WARRANTIES, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL INNOVATICS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Customer agrees to comply with all laws, ordinances, rules and regulations – including HIPAA and FDA restrictions -that are now or may become applicable to Customer’s use of FRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLabtest and PATLab test, regardless of the applicable jurisdiction.
Customer agrees to defend, indemnify and hold harmless Innovatics from and against any all claims, liabilities and obligations of every kind and description including, without limitation, damages payable to third parties, consequential losses, lost profits, costs and attorneys’ fees, that Innovatics may incur, arising out of or related to the Customer’s business, Customer’s breach of this Agreement, Customer’s negligence or failure to useFRAS5, MiniSAT, d-ROMs fast test, PAT test, SAT test, d-ROMLab test and PATLab test.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event of dispute, the parties agree to meet face-to-face in an effort to resolve the dispute. If the parties are unable to resolve it in a timely manner, no civil action with respect to any dispute arising out of this Agreement may be commenced until the matter has been submitted to JAMS for mediation in New York, NY. Either party may commence mediation by providing notice to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. Neither party may commence a civil action with respect to the matters submitted to mediation until after the completion of the initial mediation session. After mediation, any dispute arising under this Agreement will be adjudicated in the state or federal courts located in New York, NY, and each Party submits and consents irrevocably to the jurisdiction of such courts. The laws of the State of New York shall apply to this Agreement.
This document constitutes the entire agreement of the parties with respect to the subject matter hereof and thereof and supersedes all previous written, and all previous or contemporaneous oral negotiations, understandings, arrangements and agreements.
No delay or omission by either party hereto in the exercise of any right or remedy hereunder shall impair such right or remedy or be construed to be a waiver thereof. Any waiver of any such right or remedy by any party must be in writing and signed by the party against which such waiver is sought.
The parties expressly agree that it is not their intention to violate any public policy, statutory or common law rules, regulations, or decisions of any governmental or regulatory body. If this transaction or any provision of this document is judicially or administratively interpreted or construed as being in violation of any such policy, rule, regulation, or decision, the provision, section, sentence, word, clause, or combination thereof causing such violation will be inoperative and the remainder of this Agreement, as amended, will remain binding upon the parties.