Limitation of Liability
Kitazato USA hereby limits its liability for any products purchased in accordance with all conditions and terms as stated herein. This agreement is a complete and exclusive statement of the understanding between the parties. This warranty is in lieu of any and all other warranties, written or oral, express or implied, including, without limitation, warranties of merchantability or warranties of fitness for a particular purpose, all of whichKitazato USA disclaim. In no event will Kitazato USA or any other party who has been involved in the creation, production, promotion or marketing of Kitazato USA products, be liable for special, indirect, incidental, reliance, or consequential damages to any party even if Kitazato USA has been advised of the possibility of such damages. Any kind of damage or claims to the products that was purchased fromKitazato USA will be reported to Kitazato Corporation. Kitazato Corporation will be fully responsible for the damage or claim of the products that are purchased from Kitazato USA. Kitazato Corporation will investigate all damage or claims of the products that purchased from Kitazato USA.
Kitazato USA does not directly or indirectly practice medicine or dispense medical services and, as such, assumes no liability for information contained herein and any communication of fact or opinion. The Buyer and/or practitioner assume full responsibility for the appropriate use of medical information contained in the product and agree to hold Kitazato USA harmless from any and all claims or actions arising from the Buyer’s and/or practitioner’s use of the product.
Kitazato USA products are only to be used for purposes as described in the label, product, insert, literature, instruction for use and is to be used in accordance with the proper medical procedures or protocols of each practitioner and/or institution. They are not to be used for administration to humans, drug purposes or as a cure. The information presented in the product insert, label, literature, and/or web site is offered without warranty or guarantee on performance or final results, since the ultimate conditions of use and the variability of procedures, practitioners’ skill, training levels, variability of materials, environmental conditions, any additional materials used by the practitioner which may lack in quality or be contaminated, defective or otherwise be inappropriate and any other circumstances that are beyond Kitazato USA control.
Each Buyer and/or practitioner is responsible for his or her own inspecting, checking of product, its quality, conditions, any damage to the packaging or seals and ‘pass’ the product for use. Each Buyer and/or practitioner is responsible for applying any and all appropriate tests deemed necessary upon receipt and BEFORE USE. If for any reason it is believed that the product or its quality specifications are questionable or do not meet such testing standards of said practitioner, Kitazato USA, must be notified immediately, BEFORE USE and must return such products immediately.
Once the product has been received and deemed accepted for its quality and performance, the Buyer and/or practitioner cannot under any circumstances hold Kitazato USA responsible for the performance and/or final results, outcome, development of samples, pregnancy rates or birth outcome.
In addition, nothing disclosed herein is to be construed as a recommendation to use any products in violation of any and all other patents of separate companies. Kitazato USA cannot be responsible for patent infringements or any other violations that may occur with the use of these products.
The Buyer and/or practitioner are prohibited from making any promises, guarantees or warranties concerning Kitazato USA products and/or results. At no time are Buyer and/or practitioner considered an agent of Kitazato USA.
Payment must be made in U.S. funds. The terms of payment must be net 30 days. Any payment not made within thirty (30) days will be subject to late payment fee of 1.5% per month. All the payment should pay by check or credit card to Kitazato USA.
The Buyer is liable for any shipment. Kitazato USA shall not be held responsible for any damage of the products that may be incurred during shipment.
Taxes and Other Charges
The Buyer is responsible for any and use taxes, sales taxes, excise taxes, duties, customs, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority. In the event Seller is required to pay any such tax, fee, or charge. Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee, or charge.
Notification of any defects in Kitazato USA products must be delivered within five (5) business days from date of delivery and must be accompanied by a Return Materials Authorization (RMA). All returns require an RMA and the goods must be returned in the original boxes and packaging unopened. Items returned without RMA will be refused and returned to the sender. All returns will be inspected by Kitazato Corporation a timely manner. Credits will be issued for approved returned goods for the future purchase of merchandise only.
©2018 Kitazato USA
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