RETURNS, PRODUCT GUARANTEES AND POLICIES
Section 3 of Terms & Conditions (included with a formal Quote)
3a. UNLESS OTHERWISE SPECIFIED IN THE QUOTE, ALL PRODUCTS AND SERVICES ARE SOLD “AS IS”. THE AFOREMENTIONED NOTWITHSTANDING, ANY AND ALL PRODUCTS SOLD TO OR SHIPPED TO CUSTOMER LOCATED OUTSIDE OF THE UNITED STATES ARE SOLD “AS IS” REGARDLESS OF TERMS SPECIFIED IN THE QUOTE.
b. In the event the Quote specifies a 30 Day Money Back Guarantee for Product, Customer shall have the right to return the applicable Product(s) for a refund or credit, as elected by Customer, by notifying BioSurplus in writing prior to the date of Product Acceptance and returning the Product(s) no later than fifteen (15) days thereafter. A restocking fee equal to 15% of the Quote price will be applied for such returns, unless BioSurplus at its sole discretion determines that Product’s operating condition or features differ significantly from the Quote and related BioSurplus.com item detail web page. Such restocking fee shall be deducted from the refund paid to the customer, or if the customer has not yet paid for the Product, the customer shall remit such restocking fee to BioSurplus immediately upon request. Unless otherwise agreed to in writing by BioSurplus, Customer shall be responsible for all packaging and shipping charges for Product(s) returned pursuant to this Section 3.b. This 30 Day Money Back Guarantee is null and void if (a) the Product has been modified by the Customer, (b) any repairs have been attempted or completed by either the Customer or another third party, (c) the Product has not been subject to proper maintenance, or (d) the Product has been misused or abused in any way.
c. In the event the Quote specifies a warranty period for the Product backed directly by the Product manufacturer (a “Manufacturer Warranty”), Customer shall work directly with such manufacturer to resolve all warranty issues in accordance with the terms and conditions of the Manufacturer Warranty. BioSurplus makes no representations or warranties regarding any Manufacturer Warranty and disclaims all liability which may arise from the performance or non-performance of a Manufacturer Warranty.
d. For Products that are specifically sold with a 180 day warranty, the following terms apply in addition to the terms and conditions found elsewhere in the Terms. The 180 day warranty covers the costs of parts and labor for any defects in the Product discovered during normal and routine use by the original Customer. This warranty is non-transferable and does not apply to any Product that is shipped outside of the continental United States or any equipment purchased by resellers. The warranty period begins on the date the Product is received by the Customer and is only valid if the equipment has been paid in full or the customer is in compliance with BioSurplus’ previously approved payment terms. Customer shall notify BioSurplus in writing prior to the conclusion of the warranty period of any issues with the Product. Warranty coverage does not include any consumable items. In the event warranty service is needed, BioSurplus shall at its sole discretion (1) send a technician to repair the Product, (2) have the Product shipped to a BioSurplus location and perform the repair work at its own facility, or (3) deliver a replacement piece of equipment of equal or greater functionality to the Customer. BioSurplus shall have no liability for any lost data, lost productivity or down time, lost income, consequential or punitive damages, or any other liability related to the Product requiring repair. BioSurplus shall retain any parts that are replaced during the repair process. This warranty is null and void if (a) the Product has been modified by the Customer, (b) any repairs have been attempted or completed by either the Customer or another third party, (c) the Product has not been subject to proper maintenance, or (d) the Product has been misused or abused in any way. A requested service call during the warranty period that does not result in a finding of any issue with the Product will be billed to the Customer at BioSurplus’ normal rates for time and travel expenses. The failure of BioSurplus to enforce any provision of this warranty shall not be deemed a waiver or limitation of BioSurplus’ right to subsequently enforce and compel strict compliance with every provision of the warranty.
e. In the event the Quote specifies a warranty period for the Product backed directly by BioSurplus other than as specifically noted above, Customer shall notify BioSurplus in writing prior to the conclusion of the warranty period and resolve any Product defect or non-conformance issues directly with BioSurplus. BioSurplus will, at its sole discretion, repair the affected Product or replace it with a comparable product. If BioSurplus determines in its discretion that a Product must be returned to BioSurplus for repair or replacement, Customer agrees to return such Product no later than fifteen (15) days following such determination. BioSurplus shall pay the expenses for packaging and shipping to Customer any repaired or replaced Product. Unless BioSurplus agrees otherwise, Customer shall pay the expenses for packaging and shipping to BioSurplus any Product retuned for service or replacement pursuant to this Section 3.e. All Product warranties given by BioSurplus will expire at the end of the warranty period and will not be revised or extended upon the repair or replacement of the Product to which the warranty pertains.
f. The aforementioned notwithstanding, in the event Customer assumes responsibility for packaging or shipping the Product(s) and/or for picking-up the Product(s), BioSurplus shall not be responsible for any damages to Product(s) that BioSurplus at its sole discretion deems were incurred during packaging or shipping to Product.
g. THE WARRANTIES IN THESE TERMS ARE EXCLUSIVE AND BIOSURPLUS MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED HEREUNDER. BIOSURPLUS SPECIFICALLY DISCLAIMS (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT. IN NO EVENT SHALL BIOSURPLUS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF BIOSURPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.