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Terms and Conditions

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Terms and Conditions

1. LIMITED WARRANTY

1.1 AIR SAMPLING DEVICES warrants products manufactured by AIR SAMPLING DEVICES and sold by AIR SAMPLING DEVICES or authorized representatives or distributors to be free of any defects in materials and workmanship under normal use and service for one year, beginning on the date of original invoice.

The foregoing products and all other AIR SAMPLING DEVICES products are subject to the AIR SAMPLING DEVICES Return Policy in Section 3.

1.2 This Limited Warranty extends only to the original buyer/end-user of the product and is not transferable in any manner.

1.3 AIR SAMPLING DEVICES shall have no obligation under this Limited Warranty until all invoices for the product are paid in full.

1.4 Under this Limited Warranty, AIR SAMPLING DEVICES reserves the right to inspect product to determine validity of buyer’s claim and AIR SAMPLING DEVICES, in its sole discretion, shall have the option of:

(a) replacing warranted AIR SAMPLING DEVICES-manufactured product (F.O.B. point of purchase) without charge provided the product is returned to the point of purchase within 60 days of the date of invoice (replacement product may be model equivalent or better). This option is not available for resale products, or

(b) crediting the buyer’s account with the price of the warranted AIR SAMPLING DEVICES-manufactured product provided the product is returned to the point of purchase within 60 days of the date of invoice. This option is not available for resale products.

1.5 The foregoing remedy shall be AIR SAMPLING DEVICES’s sole liability and shall be the exclusive remedy of the buyer.

1.6 This Limited Warranty shall not apply to product that has failed due to or been damaged by (a) accident, misuse, abuse, improper application, negligence, alteration, force majeure occurrence(s), transportation or handling, failure to operate products in accordance with manufacturer instructions, or failure to maintain recommended storing environments in accordance with manufacturer instructions.

1.7 Claims under this Limited Warranty must be made to your AIR SAMPLING DEVICES representative in writing within 60 days of buyer discovery of product defect(s) (mailed certified return receipt-return receipt requested, postage prepaid). Product must be returned to the point of purchase (freight prepaid) with required documentation and in appropriate packaging clearly marked with a return materials authorization (RMA) number obtained from AIR SAMPLING DEVICES (see Return Policy in Section 3). AIR SAMPLING DEVICES reserves the right of inspection to determine validity of buyer’s claim of defective product under the terms of this Limited Warranty. AIR SAMPLING DEVICES further reserves the right to approve and negotiate the terms of replacement.

1.8 AIR SAMPLING DEVICES reserves the right to make changes to, at any time without notice, product design, color, material, and specifications without any obligation to incorporate new features or modifications in previously sold products. AIR SAMPLING DEVICES reserves the right to discontinue product.

1.9 This Limited Warranty shall be invalid if the buyer fails to comply with every term and condition of the Limited Warranty.

2. LIMITATION OF LIABILITY

2.1 THIS LIMITED WARRANTY CONSITUTES THE ONLY WARRANTY MADE BY AIR SAMPLING DEVICES CONCERNING THE PRODUCT AND IT HEREBY EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

2.2 UNDER NO CIRCUMSTANCES SHALL AIR SAMPLING DEVICES BE LIABLE TO THE BUYER OR ANY USER FOR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LABOR AND ANALYSIS FEES), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON ANY CLAIM OF ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. NOTWITHSTANDING THE FORM (E.G., CONTRACT, TORT OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, IN NO EVENT WILL AIR SAMPLING DEVICES BE LIABLE FOR DAMAGES OR LOSSES THAT EXCEED, IN THE AGGREGATE, THE AMOUNT PAID BY BUYER FOR THE PRODUCT.

3. RETURN POLICY

3.1 Product Return Guidelines

Faulty, damaged, or missing items – Contact AIR SAMPLING DEVICES Customer Service to correct the problem immediately.

Package delivered damaged – Report damage immediately to the carrier. Retain all containers and packing material.

3.2 Product Return Policy

Qualifying product returned unused and received at the point of purchase within 60 days of invoice: Buyer receives a refund of purchase price. See Non-returnable Items in Section 3.3.

Qualifying product returned unused and received at the point of purchase between 61 and 365 days after invoice: Buyer receives a refund of purchase price minus a restocking fee. See Non-returnable Items in Section 3.3.

More than 365 days after invoice: Product cannot be returned.

3.3 Non-returnable Items

Custom orders (specials), used products, incomplete products (product missing parts and/or a portion of original quantity; product with damaged or missing labeling), opened sample media (media with opened packaging and/or media that has been exposed), product not purchased from AIR SAMPLING DEVICES, expired lot or shelf-life product, refrigerated or perishable product, discontinued product, product not returned prior to 90 days after invoice, and certain resale items are non-returnable.

3.4 Returning Product to AIR SAMPLING DEVICES

1. Request a Return Materials Authorization (RMA) number on our website www.airsamplingdevices.com. Only packages with an RMA number will be accepted by AIR SAMPLING DEVICES.

2. Carefully package the product. Mark the RMA number on correspondence and on the outside of the package.

3. Ship freight prepaid to the address provided on the RMA form.

4. GOVERNING LAW

4.1 This Limited Warranty constitutes the complete, final, exclusive, and fully integrated statement of warranty between AIR SAMPLING DEVICES Inc. and buyer concerning the products. Any action brought relating to this Limited Warranty shall be instituted and litigated in the courts of the State of New Hampshire Hillsborough County, or the Federal courts for the Western District of Pennsylvania. This Limited Warranty shall be governed by and construed in accordance with the laws of the State of New Hampshire. It is expressly agreed that the United Nations Convention on Contracts for the international Sale of Goods shall not apply.

5. GENERAL TERMS

5.1 While AIR SAMPLING DEVICES uses reasonable efforts to include accurate and up-to-date information on this web site, it makes no representations as to the accuracy, timeliness or completeness of that information. In using this web site, you agree that its information and services are provided “as is, as available” without warranty, express or implied, and that you use this site at your own risk.

5.2 You further agree that AIR SAMPLING DEVICES and any other parties involved in creating, maintaining, and delivering this site’s contents have no liability for direct, indirect, incidental, punitive, or consequential damages with respect to the information, services, or content contained on or otherwise accessed through this web site.

5.3 AIR SAMPLING DEVICES makes no warranty, representation or guaranty regarding the content, sequence, accuracy, timeliness or completeness of any of the data provided herein. The user should not rely on the data provided. AIR SAMPLING DEVICES explicitly disclaims any representations and warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose. AIR SAMPLING DEVICES shall assume no liability for any errors, omissions, or inaccuracies in the information provided regardless of how caused. AIR SAMPLING DEVICES shall assume no liability for any decisions made or actions taken or not taken by the user in reliance upon any information or data furnished hereunder.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/4″][vc_wp_custommenu nav_menu=”7″][/vc_column_inner][/vc_row_inner][/vc_column][/vc_row]