Terms and Conditions

Ivy Alert, Inc.
Terms and Conditions of Sale

Ivy Alert, Inc. (Ivy) offers for sale its Products subject to the following standard Terms and Conditions.  Modifications to these Terms and Conditions will not be effective unless incorporated into a written agreement and executed by an officer of Ivy.  Ivy’s failure to object to provisions contained in any order forms or documents shall not be constituted as a waiver of these conditions nor acceptance of any such provision.  By ordering Products from Ivy, Purchaser represents that it has read, understood, and complies with these Terms and Conditions.

1. Nature of Products:  Ivy Alert's Swab and Patch Products offered for sale by Ivy are solely for the detection of certain chemical residues.  Ivy’s Products are non-clinical, are not designed nor intended for the diagnosis, management, prevention or treatment of any medical condition. Ivy’s Products do not physically protect against or remove any skin irritant from the user.  Users may contract skin rashes even with product use.
2. Nature of Sale: Ivy Products are sold only to final use customer.  Resale or Distribution of Ivy Products is prohibited without a written agreement executed by Ivy Alert, Inc.
3. Warranties and Disclaimer: Ivy expressly disclaims any stated or implied warranties of merchantability or fitness for any particular purpose of any Products supplied by Ivy.  Ivy warrants only that that the Products will have the identity, quantity and contents stated on the packaging, and that the Products will perform to the sensitivity and specificity listed.  Alteration or misuse of Products voids any and all warranties provided hereunder.
4. Limitation of Liability:  In no event shall Ivy or suppliers be liable for any special, incidental, coincidental or exemplary damages to purchaser.  Ivy’s total liability in any case shall not exceed the invoiced amount paid by purchaser. Ivy shall not be liable under any legal theory (including but not limited to Contract, Negligence, Strict Liability in Tort or liability), nor responsible for any damages of any type.
5. Indemnification:  Purchaser shall indemnify and hold harmless Ivy, its suppliers, employees, agents, officers, successors, representatives and assigns from all direct and indirect losses, claims, damages, costs, and expenses (including attorney fees) which purchaser may incur related to, or by virtue of, the handling, storage, shipping or use of Products supplied by Ivy.
6. Delivery and Return Policy:  Unless specified in writing all sales are FOB (Incoterms 2000) our shipping point.  Acceptance shall be deemed to have occurred upon notification to Ivy of shipment delivery.
   Used product: If product is used and shown not to perform to the level of listed sensitivity or specificity in rigorous, controlled laboratory testing performed and reported in a way acceptable to Ivy, a full refund to original purchaser will occur.  An Ivy issued Return Authorization number is required.
   Unused product: If unused product is returned to Ivy complete and postpaid, a full refund to original purchaser will occur.  Partial product returns will not be accepted or refunded.
7. Laws and Jurisdiction:  This Agreement will be interpreted and enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to provisions of the conflicts of laws.

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