Effective Date: 01Jan2018
Please review the following terms and conditions that govern your purchase from Activated Research Company, LLC (ARC). Please note that by your acceptance of the goods you agree to follow and be bound by these terms and conditions. You accept the goods by keeping them in your possession for more than three days after your receipt of them.
Please note that unless otherwise agreed upon, ARC ships merchandise F.O.B. ARC’s warehouses in or near Eden Prairie, MN, prepaid and charged back. This means that the merchandise becomes your responsibility when we deliver it to the carrier you choose, and the cost of shipping will be added to your final invoice.
ARC reserves the right to reject any order.
1. Security and Privacy
Standard terms are payment up front prior to shipment. Upon approval of credit, standard payment terms are net 30 days. Credit approval is based on a standard credit check.
Credit card orders are accepted by contacting ARC. Credit card orders are processed through a secure portal that can retain encrypted credit card data, which may be used for authorized future purchases. Due to its encryption, detailed credit card information is not available to ARC once the initial charge is made.
3. Privacy Statement
It is the policy of ARC to respect the privacy of individuals who make purchases and/or provide comments to us. We collect addresses, names and other identifying and contact information from customers in order to correspond with customers about any questions relating to orders placed. Occasionally we may use this information to send users ARC’s latest news, product updates, specials and promotions that ARC may be passing along to customers. If you choose not to receive such information, please notify us at email@example.com.
4. Warranty Limitations
Six Month Limited Warranty and Return Policy.
If any product you have purchased from ARC is defective you may return it, within six months from the date of shipment, for a replacement or a full refund exclusive of any shipping fees. Please contact us at firstname.lastname@example.org.
ARC’S SIX MONTH WARRANTY AND RETURN POLICY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL. ANY AFFIRMATION OF FACT OR PROMISE MADE BY ARC SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE AFFIRMATION OR PROMISE; ANY DESCRIPTION OF THE GOODS PROVIDED HERE OR ELSEWHERE IS FOR THE SOLE PURPOSE OF IDENTIFYING THEM AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO SUCH DESCRIPTION.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL EXPRESS WARRANTIES, WHETHER WRITTEN OR ORAL, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART.
5. Waiver and Limitation of Liability
You hereby acknowledge that the warranty provided herein, and the obligations and liabilities of ARC are exclusive, and you hereby waive all other remedies, warranties, guarantees or liabilities, express or implied, arising by law or otherwise, whether occasioned by negligence by ARC. You acknowledge, by your use of ARC products, that your use of the products and any reliance upon them, is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with ARC products. YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT ARC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, ACTS OF GOD, TORT, WARRANTY, CONTRACT, STRICT LIABILITY, OR OTHER CAUSE(S) ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE. Not by way of limitation, ARC shall not be liable for any losses to you based on business down-time, misuse, lack of use, improper storage, improper installation, improper site preparation, inadequate power protection, improper instrument shut-down (intentional or unintentional), improper instrument condition, product modification, spoilage, lost production or lost profits. It is the intention of both of us that this provision be construed by a court as being the broadest limitation of liability consistent with applicable law. In no event shall ARC be liable for damages which exceed the monies paid by you to us for the product(s) less the value of the benefits received by you and the value of the product.
6. Return Authorizations
ARC will accept returns of defective materials only if you follow the requirements of sections 6, 7 and include a detailed explanation of the defect. For defective materials returned within the six month window, shipping the defective product back to ARC and shipping the replacement (as applicable) to the customer will be paid by ARC only if these conditions are met. All other products must be returned with shipping prepaid.
Polyarc Replacement Reactors must be in the original, unmodified condition with the expected wear from normal use when returned to be considered for any stated or advertised discount(s). If Replacement Reactors are modified by the user beyond their intended use, the original full replacement cost will be due. A definition of Replacement Reactors is in section 8.
Please note that you must keep all packaging materials, including any printed materials, intact. Products will not be accepted if they show signs of wear or if any product or part thereof has been subject to accident, negligence, alteration (including but not limited to scratches, defacement, labeling or any other indelible marking), mishandling, abuse, misuse or illegal modification. Products will not be accepted if serial numbers have been altered in any way or the factory seals of which have been broken or otherwise tampered with. Products must be returned by the original purchaser, i.e., that person from whom ARC received payment. The warranty and terms specified herein are also only provided to the original purchaser.
Prior to shipping, you must obtain a Return Product Authorization Number (RPA Number) by emailing us at email@example.com. Any items shipped to ARC without an RPA Number will not be accepted and you will be responsible for all shipping costs.
Items that are out of warranty, do not match the invoice or were not purchased from ARC will not be accepted. It will be your responsibility to arrange return freight for those items.
7. Packaging Requirements
All return products must be properly packaged. Please follow these requirements carefully. Failure to do so will void the warranty on your product.
Carefully repack the product in the original shipping materials if they are still available. Please keep in mind, however, that the original shipping materials might have compacted or broken during shipment and might no longer be safe to use.
Required: Include the printed RPA form in the box. Optional: Put any available original documentation (packing list, invoice, other printed material) in the box.
Print the RPA Number clearly on the outside of package. The RPA number is valid for seven (7) business days only. We reserve the right to reject any items that do not have an RPA number printed on the outside of the package.
If you need help packaging a product for return, please contact ARC or take the product and these instructions to a packaging supply store or post office. Remember to insure your package.
8. Replacement Reactor Description
Replacement Reactors may be refurbished, new materials or a combination thereof. Replacement Reactors may be purchased through our replacement subscription program as listed in section 8.2.
At the time of purchase, you may have the option of selecting from one of two subscription Polyarc replacement plans. You can choose between a 2-year and 5-year subscription prepaid plan with a reactor exchange. If you choose not opt-in to the replacement subscription plan, you can purchase replacement reactors at any time, with a reactor exchange you will be charged the replacement reactor-price. Without a reactor exchange you will be charged the full-price value of a Polyarc.
9. Arbitration of Disputes
Any controversy, claim or dispute between you and ARC, which cannot be resolved through negotiations between us shall be finally settled by arbitration as provided herein. If the parties fail to reach a settlement of their dispute within thirty (30) days after the earliest date upon which one of the parties notifies the other(s) in writing of the existence of and its desire to attempt to resolve the dispute, then the dispute shall be promptly submitted to arbitration by a single arbitrator through the American Arbitration Association (“AAA”). The arbitrator shall be selected by AAA, if possible, based on his or her expertise in the subject matter(s) of the dispute. The decision of the arbitrator shall be final, non-appealable and binding upon the parties, and it may be entered in any court of competent jurisdiction; provided, however, that any party to the arbitration proceeding may seek a court order vacating the decision of the arbitrator in accordance with the provisions of and on the grounds set forth in relevant Minnesota state law.
The arbitration shall take place in Minneapolis, Minnesota. The arbitrator shall be bound by the laws of the State of Minnesota applicable to the issues involved in the arbitration and all Minnesota rules relating to the admissibility of evidence, including, without limitation, all relevant privileges and the attorney work product doctrine. Discovery shall be permitted and shall be completed in accordance with the time limitations prescribed in the Minnesota Rules of Civil Procedure, unless extensions of such time limitations are approved by all parties to the arbitration or are ordered by the arbitrator based on strict necessity adequately demonstrated by the party requesting an extension of time. The arbitrator shall have the power to grant equitable relief where available under Minnesota law. The arbitrator shall not be entitled to make an award of punitive damages even where such an award is permitted by Minnesota law. The arbitrator shall issue a written opinion setting forth his or her decision and the reasons therefor within thirty (30) days after the arbitration proceeding is concluded.
The obligation of the parties to submit any dispute to arbitration as provided in this section shall survive the expiration or earlier termination of any agreement or contract between the parties.
10. Entire Agreement
This is the entire agreement between us regarding all matters that have been discussed in the preceding paragraphs.
11. Contact Information
Activated Research Company, LLC is located in Eden Prairie, MN, USA. Any questions, comments, suggestions or notices should be directed as follows:
Questions or problems with the website: firstname.lastname@example.org
Questions about your order: email@example.com
Questions about purchased products: firstname.lastname@example.org
Repairs to purchases products: email@example.com
By telephone: 612.787.2721
By postal mail:
Activated Research Company
Attention: Customer Service
7561 Corporate Way
Eden Prairie, MN 55344