Terms of service
(E-Commerce Sales)These Mentice General Terms and Conditions (these “Terms”) constitute the terms and conditions upon which Mentice, Inc., a Delaware corporation, with a principal address of 820 W. Jackson Street, Suite 250, Chicago, IL 60607, United States (referred to as “Mentice”) shall provide any goods to a customer (“Customer”) purchasing through Mentice’s online e-commerce channel, subject to the below Scope of Applicability.
1. Scope of Applicability.
These Terms shall apply to the purchase and use of Mentice equipment and other tangible products, including without limitation, simulator systems, consumables, accessories and spare parts (collectively, “Product(s)”) acquired by Customer or any affiliate thereof via https://shop.mentice.com/
2. No other terms.
These Terms supersede any terms and conditions included within or referenced/incorporated in a customer-provided purchase order, statement of work, or other facilitating document provided by Customer.
Customer hereby acknowledges that, unless expressly provided otherwise for any given Product (including software), Products are not medical devices and their safety and effectiveness as medical devices have not been demonstrated.
4. Taxes.
Except as otherwise expressly agreed, prices do not include federal, state or local sales, use, goods and services, excise or other similar taxes or duties applicable to goods or services involved in a transaction. All such taxes shall be paid by Customer, except to the extent Customer provides evidence satisfactory to Mentice of exemption from such taxes. When Mentice is required by law or regulation to collect such taxes, Customer agrees that Mentice will add such taxes to the sale price of any deliverable(s).
Delivery or shipping dates are approximate only and merely represent Mentice’s best estimate of the time required to make delivery or shipment. Mentice will not be liable for loss or damages due to any delay in delivery. Shipping terms shall be FCA, premises of Mentice in Chicago, Illinois or Denver, Colorado.
Refer to Mentice’s Return Policy. This can be found here: https://shop.mentice.com/policies/refund-policy
7. Cancellation.No confirmed order shall be subject to cancellation except upon written approval of Mentice. Customer may only reschedule an order with Mentice’s written consent, which may be granted or withheld in Mentice’s sole discretion.
Except as otherwise stated herein or otherwise confirmed in writing by an authorized representative of Mentice, Mentice warrants to Customer (the “Limited Warranty”) that the Products shall be: (i) free of encumbrances when shipped to Customer, (ii) free of defects in materials and workmanship for a period of six (6) months from the date of delivery (the “Warranty Period”). Damage from ordinary wear and tear shall not be deemed product defects and are not covered by the Limited Warranty. Customer shall notify Mentice in writing promptly (and in no case later than fifteen (15) calendar days after discovery) of a suspected claim under the above Limited Warranty, describing in reasonable detail the symptoms associated with such suspected failure, and shall provide to Mentice the opportunity to inspect such a Product, if possible. The notice must be received by Mentice during the Warranty Period. Within a reasonable time after receipt of the allegedly defective Product and verification by Mentice that the Product fails to meet the Limited Warranty, Mentice shall correct such failure, at Mentice’s option, either by (i) modifying or repairing the Product, or (ii) replacing the Product. Such modification, repair or replacement and the return shipment of the Product to Customer shall be at Mentice’s expense. If Mentice determines, in its sole discretion, that is it not commercially feasible to modify, repair or replace a Product to conform to the Limited Warranty, then Mentice shall, at Mentice’s option, either refund to Customer or credit to Customer’s account, as the case may be, the purchase price of the Product.
9. Intellectual Property Infringement.
Mentice retains all ownership and title to all intellectual property, including without limitation, patents, copyrights, trade and services marks, trade secrets, ideas and concepts, know-how, methods, techniques, templates, and computer software (including customized software designed and developed on behalf of Customer).
10. Waiver of Certain Damages.
NOTWITHSTANDING ANY OTHER PROVISION HEREIN OR IN ANY OTHER DOCUMENT OR COMMUNICATION TO THE CONTRARY, IN NO EVENT SHALL MENTICE BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY), WHETHER ARISING OUT OF CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, EVEN IF MENTICE HAD BEEN ADVISED OF THE POTENTIAL HARM.
If Mentice’s performance hereunder should be prevented, delayed, restricted or interfered with by acts of God, acts of public enemies, strikes, riots, war, serious fire, flood, earthquake or other natural catastrophe, pandemics or epidemics or any other circumstances outside the reasonable control of Mentice, then Mentice shall, upon giving prompt notice of same to Customer, be excused from such performance to the extent of such prevention, delay, restrictions or interference.
12. Governing Law and Arbitration.