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Offer and Acceptance

This document is an offer to enter into an agreement. For an effective agreement to be reached a duly authorized agent of Purchaser must accept all of the terms and conditions set forth below, none of which can be altered or amended without Sensonics, Inc.’s prior written agreement.

Quotations and Prices

The prices stated on the website and on any promotional company literature are subject to change without notice and are firm for the initial order only. Orders calling for future delivery will be billed according to the price in effect at the time of delivery. Oral quotations will not be honored by Sensonics, Inc. and written quotations will automatically expire sixty (60) calendar days from the date issued and are subject to earlier termination by written notice. All prices are FOB, Sensonics, Inc., Haddon Heights, New Jersey USA.

Governing Laws

This agreement shall be governed by and construed under and in accordance with the laws of the State of New Jersey, United States of America (without regard to conflicts of laws principles). The venue of any legal action arising out of this agreement shall be the Federal or State Courts located in Camden County, New Jersey, U.S.A., and the parties consent to the jurisdiction of these courts.

Sensonics, Inc. Limited Product Warranty

Sensonics, Inc. warrants to Purchaser that in normal and contemplated use and service, products purchased from Sensonics, Inc. will be free from defects in material or workmanship for a period of 90 days from the date of purchase. Sensonics, Inc ensures best product quality for up to 6 months from the manufacture date for all microencapsulated products. An expiration date is stamped on the Smell Identification tests.

Should such deficits be found, Sensonics will replace the defective pieces free-of-charge. Sensonics will not be responsible for any fiscal or other damages a user may incur from the application of a defective Sensonics’ product.

Sensonics does not warrant that its products meet any specific criteria described in publications related to their development or use. Parts, devices, or equipment supplied by vendors other than Sensonics, Inc., shall carry only the applicable warranties and limitations provided by the relevant vendor. Expendable and/or consumable items or parts included or used in connection with Sensonics, Inc.’s products are not covered under this limited warranty. This limited warranty does not cover Sensonics, Inc.’s products that have been misused, altered, disassembled, neglected, handled carelessly, or used for purposes other than their intended purpose. This limited warranty also does not cover loss or damage resulting from any casualty loss or from unauthorized use or service. Under no circumstances shall Sensonics, Inc. be held liable for consequential or other damages, losses, or expenses in connection with or by reason of the use or inability to use Sensonics, Inc.’s products for any purpose.

Warranty Service Procedures

If a defect occurs, the Purchaser should return the defective products, freight and insurance prepaid, in the original shipping container. Any returned Sensonics, Inc. products must be accompanied by a written statement including: the name of Purchaser; a description of the problem(s); and the action desired. Sensonics, Inc. shall not be responsible for any loss or damage incurred in shipping.

Exclusion of Warranty of Fitness for any Purpose

Sensonics, Inc. makes no warranty as to the suitability or fitness of any of its equipment or products, for any particular purpose specific to the Purchaser. The Purchaser is solely responsible for the selection, use efficiency, fitness and suitability of Sensonics, Inc. products. The Purchaser assumes all risks and liabilities in connection with the use of Sensonics, Inc.’s products.

Payment

Sensonics payment terms are NET 30.  No exceptions. Payment by Card, check or Wire is accepted. Sensonics will require a Purchase Order to be sent to [email protected] if any form of payment is used other than Credit Card/ Wire.  Please note: all international orders (shipping destinations outside of the United States of America), must be paid in full prior to shipment.  Customer is responsible for any customs duties or taxes that may apply.

If you need assistance, please call Sensonics Customer Care Team at 856-547-7702.

Limitation to Amounts Paid

Sensonics, Inc.’s liability, if any, to Purchaser or to the customers of Purchaser or any other person under this limited warranty shall in no event exceed the total amount paid to Sensonics, Inc. by the Purchaser for a defective or non-conforming Sensonics, Inc. product.

The limited warranty and remedies set forth in this document are the sole and exclusive remedies available to any person for any damages of any kind and nature, including incidental, consequential or special, related to Sensonics, Inc.’s products, whether arising from warranty, contract, negligence, tort or otherwise. Sensonics, Inc. Specifically disclaims any implied warranty of merchantability, fitness for any particular purpose, or any other implied warranty. No waiver, alteration, or modification of the foregoing conditions shall be valid unless made in writing and signed by an executive officer of Sensonics, Inc.

In the event any implied warranties (including, but not limited to the implied warranties of merchantability or fitness for a particular purpose) are found to exist, such warranties are limited (i) in duration to the period of the limited warranties set forth in this document, and (ii) in amount to the total paid to Sensonics, Inc. by the Purchaser for the product(s) in question.

Some states or countries do not permit the exclusion of incidental or consequential damages, and in those jurisdictions, the foregoing limitation may not apply. The limited warranties as set forth in this document give the Purchaser specific legal rights, and the Purchaser may have other legal rights which vary from State to State.