Terms and Conditions of Sale

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Effective: April 4, 2024

UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

 

General

Except for any modifications that are expressly agreed in a signed writing by Aptitude Medical, Inc. (“Supplier”), these Terms and Conditions of Sale ("Terms and Conditions") shall govern the sale or other transfer by Supplier to a buyer or other recipient ("Buyer") of certain products listed or referenced on a purchase order submitted by Buyer and accepted by Supplier (“PO”) or as otherwise expressly agreed between Buyer and Supplier (the "Products"). Buyer's receipt of Products will constitute Buyer's acceptance of these Terms and Conditions. 

Price

All prices are exclusive of (a) any applicable taxes, levies, duties or similar charges and (b) shipping or insurance expenses. If exemption from any taxes or similar charges is claimed, Buyer must provide a certificate of exemption at the time the PO is submitted to Supplier.

Payment and Purchasing

Payment shall be made in USD and in full before the product will be shipped to the Buyer. 

All sales are final. Supplier does not accept returns of product, except where requested by the Supplier. Please contact Aptitude Customer Support in the event of an invalid result or test error.

Delivery

Product is shipped after payment is received and when the product is available. Supplier uses every commercially reasonable shipping option to fulfill the order via the shipping speed that Buyer selects at checkout. Supplier shall notify Buyer as promptly as reasonably possible upon becoming aware that Supplier will be unable to supply the quantity of Product to Buyer. Supplier is not responsible for any issues caused by the shipping carrier, including shipping delays, incorrect deliveries, incomplete deliveries, or damage.

Product Use

Metrix® COVID-19 Test and Metrix® Reader have been authorized by the FDA under an Emergency Use Authorization (“EUA”) but have not been FDA cleared or approved. Metrix® products are authorized for sale, shipment, and use within the United States ONLY. By purchasing the product, Buyer acknowledges that:

1. it will be used within the United States ONLY
2. the Metrix® Quick Reference Instructions and Instructions for Use will be read, and that
3. it is Buyer’s responsibility to use Metrix® products appropriately, including when collecting samples. Supplier is not responsible if Buyer does not use Metrix® products as directed.

Limited Warranty

Metrix® Reader comes with a One Year Product Warranty. This Product Warranty shall not apply to claims that result from modification of the product by any person other than Supplier; or from storage, handling, use or operation of the product other than as instructed by Supplier; or from Buyer’s negligence or fault, accident or improper use of the product. 

Requesting IFU

For a copy of the “Metrix® COVID-19 Test Instructions,” the “Metrix® COVID-19 Test Instructions for Use for Healthcare Providers,” or the Fact Sheet for Healthcare Providers in paper form, please email your request to support@aptitudemetrix.com.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPPLIER'S ENTIRE LIABILITY AND BUYER'S TOTAL REMEDY ARISING OUT OF OR RELATED TO SALE OR USE OF THE PRODUCTS SHALL NOT EXCEED, REGARDLESS OF THE NUMBER OF CLAIMS, THE PURCHASE PRICE RECEIVED BY SUPPLIER FOR THE PRODUCTS GIVING RISE TO SUCH LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPPLIER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS; OR FOR PUNITIVE DAMAGES, FOR LOST PROFITS OR BUSINESS OPPORTUNITIES OR ANY OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR RELIANCE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER BUYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.