Returns & Warranty
Applicability
All sales are subject to the following General Terms and Conditions for products and services purchased or provided from Mitegen, LLC. ('Mitegen'). Any other terms and conditions, including the customer's ("Customer") own, are not applicable and are explicitly refused, whether referred to by the Customer when ordering or not, including terms printed on Customer purchase orders.
Any changes or amendments to these Terms and Conditions, any additional agreements, and other declarations are only valid when agreed upon by Mitegen in writing.
Return Policy
Shipping Damage
Please inspect all items upon receipt and notify Mitegen immediately of any damaged items or issues. In case of damaged items, the buyer MUST retain the shipping box and any other documentation of damage as this may be needed for us to claim against the shipper. Damaged products will be replaced at no additional cost to Customer. Returns can be accepted through the issuance of a Return Merchandise Authorization, subject to approval from Mitegen, if we are notified within 7 working days of receipt of the items.
Digital pictures may be requested of the damaged items to help facilitate the claim. Please contact [email protected] to discuss any needed returns.
Erroneous Orders
If Mitegen shipped an incorrect order to you in error, Mitegen will take all reasonable steps to correct the error as soon as possible. The Buyer must return the items for credit, replacement, exchange or refund. No shipping costs will be applied for items that are returned because of an error caused by Mitegen. Contact [email protected] or call us to discuss any needed returns.
If the buyer ordered an incorrect product, contact Mitegen to discuss options. Mitegen may at its sole discretion allow the return of the items for replacement exchange or refund. All return goods of this nature are subject to a 25% restocking fee. The shipping costs for items returned as a result of a Customer error will be paid by the buyer. Contact [email protected] or call us to discuss any needed returns.
Warranty
Mitegen warrants all products to meet Mitegen specifications. The warranty period is six months beginning on the shipment date, except if the nature of the product requires immediate use or use within a period of time that is shorter than six months.
Under this warranty, Mitegen will replace defective products free of charge. If, after a free replacement, quality specifications are still not met, the Customer can ask for a reduction in price, or cancellation of the order. Any further claims of the Customer, of any kind, especially for damages or compensation, are explicitly excluded.
Mitegen does not warrant products that have been mixed or otherwise combined with other chemical products by the Customer. Mitegen states explicitly that all products are for research and laboratory use only. Mitegen will therefore deliver only to public institutions of research, diagnosis, and teaching, and to technical businesses and companies. Mitegen disclaims any warranty for faults in products (like chemical impurities) which originate from improper handling or storage, for application in the household or to humans or animals. No products from Mitegen may be transferred to private persons. The Customer is responsible for compliance with state, national and international laws and regulations governing the shipping, storage, processing, and trade of products. Mitegen will not warrant damages to the product arising from noncompliance with such laws and regulations.
Mitegen will only be liable for warranty if the defect is indicated promptly and in writing. For defects which are visible upon delivery of the product, this indication must be given within seven days of delivery.
Warranties are not transferable if products are sold or transferred by the Customer to another individual, group, institution or entity.
Limitation of Warranties and Liability
In no event shall the liability to Mitegen exceed the purchase price of the product. By purchasing products or services from Mitegen, the Customer accepts this limit without exception.
Mitegen states explicitly that all products are for research and laboratory use only.
Mitegen also states that ALL PRODUCTS ARE NOT FOR HUMAN CONSUMPTION and SHOULD NEVER BE ADMINISTERED TO HUMAN SUBJECTS IN ANY WAY WHATSOEVER.
As such, Mitegen MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT.
In no event shall Mitegen be liable for any use by Customer of the Products or any loss, claim, injury, damage or liability, of whatsoever kind of nature, which may arise from or in connection with this Agreement or the use, handling or storage of the Products.
Customer agrees to indemnify, defend, and hold harmless Mitegen, its officers, agents, and employees from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the use or disposition of the Products by Customer, except to the extent resulting from the gross negligence or willful misconduct of Mitegen.
Customer agrees to comply with all laws and governmental rules and regulations that are applicable to Products or their use. Specifically, Customer agrees to comply with any export control laws and regulations applicable to the Products.
In no event shall Mitegen compensate for consequential and indirect damages or loss of profit.
In no event shall Mitegen’s total liability exceed the purchase price of the applicable Products.
No agent, employee, or representative of Mitegen or its affiliates has any authority to modify the terms of these warranties or to bind Mitegen to any additional warranty or representation not contained herein, and any such warranty or representation is not binding on Mitegen unless in writing signed by an authorized executive officer of Mitegen.
Mitegen does not guarantee scientific results or the applicability of products to all possible uses.
Remedies
Customer's sole and exclusive remedy with respect to Products and Services ordered from Mitegen shall be a replacement or refund only if the items are proven to be defective in accordance with the Return Policy and the Warranty.
As noted, Mitegen will not compensate for consequential and indirect damages or loss of profit. Customer, by purchasing products from Mitegen, agrees to not seek compensation for consequential and indirect damages or loss of profit.
Intellectual Property
Unless explicitly stated, no license or immunity under any patent is either granted or implied by the sale of any of our products. Mitegen does not warrant that the resale or use of its products delivered will not infringe the claims of any patent, trademark or copyright covering the use of the product itself or its use in the operation of any process. Furthermore, the purchaser assumes all risks of patent, trademark or copyright infringement associated with any such use, combination or operation.
Governing Law
These Terms and Conditions are subject to the law of the State of New York. If the Customer is a merchant and the order is part of the Customer's merchant business, or if the Customer is a legal person of the Public Law (Corporations, LLCs, Partnerships, etc.), the registered seat of Mitegen shall be the place of jurisdiction for all disputes arising directly or indirectly from deliveries by Mitegen. Mitegen reserves the right, however, to undertake legal proceedings against the Customer at any other place of jurisdiction applicable to the Customer.
Miscellaneous
In case that one of these Terms and Conditions above is invalid or incomplete the validity of all other Terms and Conditions shall remain intact and unaffected.