Last updated May 22, 2023
AGREEMENT TO OUR LEGAL TERMS
These Terms and Conditions (the T&C) are between ProAnalytics LLC (“ProAnalytics”) and you as a recipient of a ProAnalytics component and/or as an end user of ProAnalytics web site located at https://pro-analytics.net (or any successor site) (the “Site”). By accessing the Site, sending information to ProAnalytics, or ordering Products or services from ProAnalytics via any method (e.g., phone, fax, email, mail or through the Site) you agree to be bound to the T&C. If you do not agree with any term in the T&C, your sole recourse is to discontinue your use of the Site. Changes in law or changes in ProAnalytics’ business may require changes to be made to the T&C from time to time, we encourage you to review the T&C periodically for any such changes.
I. TERMS AND CONDITIONS OF SALE
ProAnalytics offers the items described in this Site (the “Products”) for sale at the prices set forth, as applicable (subject to revision of such prices by us from time to time). No document issued by you attempting to negate or otherwise modify these terms and conditions, including any purchase order or request for proposal, shall be binding upon ProAnalytics and instead the T&C, including any special terms and conditions set forth separately by written agreement shall exclusively govern the sale of products or services to you by ProAnalytics.
ProAnalytics ships Products and provides services in accordance with the specifics of your purchase order. Unless otherwise set forth in your purchase order, all items purchased are made pursuant to a “shipment contract” which means that the risk of loss and title for such items pass to you upon ProAnalytics delivery to the carrier (FOB carrier). If, after delivery and inspection, you determine that the Products or services do not conform to your specifications and are, therefore, unacceptable, please notify us immediately. ProAnalytics will either replace the rejected Products, or issue a credit therefore, at our discretion, as the exclusive remedy. Return Goods Policy Applies (please see below).
WARNING: You must determine fitness of Products for use. Exposure of Products to other materials, chemicals, sterilization, or temperature extremes may cause changes in material from which the Products are manufactured, which may make the Products unsuitable for use.
You assume all liability and responsibility for selection and use of Products by you and/or by any third party that purchases or receives the Products (or products incorporating the Products) from you or your transferees, and ProAnalytics is not and shall not be liable or responsible in any way for any such selection or use. You agree to use any Products purchased from ProAnalytics in a safe manner, and in accordance with the applicable governmental rules and regulations.
Return Goods Policy:
- Returned merchandise requires prior written authorization and a ProAnalytics RMA number.
- Claims for shortage or damaged goods must be made within 10 days of receipt.
- All merchandise must be in the original packaging and sealed cartons.
- All returned goods must include a packing list and must be shipped freight prepaid.
- Credit will be issued as follows:
- Merchandise less than 60 days old will be issued 100% credit, less 25% restocking charge.
- Merchandise older than 60 days and custom orders are not returnable for credit.
- No cash refunds will be given.
The Site is provided as a service to you and is intended to provide general information about ProAnalytics and its Products and services. ProAnalytics reserves the right to delete, modify, or supplement the content of the Site at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information in the Site.
Applicable Laws. The Site contains information about products that may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and practices governing the communication of information about life Sciences products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where the reader resides.
Trademarks. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to ProAnalytics unless otherwise noted. The Marks on the Site are variously protected by the laws of the United States and other countries of operation foreign to the United States. No use of any of these Marks may be made without the prior, written authorization of ProAnalytics, except for the sole purpose of identifying the products or services originating from us.
Submissions: No confidential relationship shall be established in the event that you make any oral, written, or electronic response to ProAnalytics (e.g. feedback, questions, comments, suggestions or ideas). ProAnalytics shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of goods or services. The sender of any information to ProAnalytics is fully responsible for its content, including its truthfulness and accuracy.
III. GENERAL TERMS AND CONDITIONS
NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, PRODUCT DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY PROANALYTICS, YOU SPECIFICALLY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN YOUR APPLICATIONS. If upon inspection and once it is received, a Product offered in our site does not match its description , your sole remedy is to return it in unused condition pursuant to the Return Goods Policy. You agree to follow any instructions for use that accompany the Products.
In no event shall ProAnalytics be liable to you or to any third party for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if ProAnalytics has been advised, knew, or should have known of the possibility of such damages, arising out of or related to (i) your use of or reliance on the Site, or any information, hyperlinks or content contained therein, (ii) your provision of information, personal or otherwise, to ProAnalytics (iii) the provision of Products or services by ProAnalytics, (iv) acts or negligence on the part of ProAnalytics, its agents or employees, or (v) your use of any Products. In purchasing Products or services from ProAnalytics, you expressly release and discharge ProAnalytics from all such causes of action or damages. Without limiting the foregoing, in no event shall ProAnalytics be liable to you for more than the purchase price of any Products purchased by you from us.
PROANALYTICS DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE PRODUCTS OR OUR SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. NO ADVICE OR INFORMATION GIVEN BY US, OR OUR EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER. THE SITE INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.
The T&C and any sales thereunder shall be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. Any dispute relating in any way to your use of the Site or any Product or services sold or distributed by ProAnalytics shall be adjudicated in any state or federal court in Essex County, New Jersey, and you consent to exclusive jurisdiction and venue in such courts. If any portion of the T&C is held to be unenforceable, invalid, or illegal by any court of competent jurisdiction, such unenforceable, invalid, or illegal portions shall be deemed severable and not affect the remainder of the T&C. You hereby waive any and all rights to bring any claim or action against ProAnalytics related to the Site or T&C in any forum more than one (1) year after the date on which such claim arises.
Please e-mail Customer Service with any concerns regarding the Terms & Conditions or the content of this site to email@example.com.
333 US Highway 46
Fairfield, NJ 07004
Phone: (973) 241-1314
Fax: (862) 772-0445