PROGENE

Third party items that are sold via Progene may come their own a manufacturer's warranty. Applicable warranty information can usually be found inside the box or packaging. For additional information on the manufacturer's warranty for a specific product, contact the manufacturer directly.

Warranty Terms & Conditions

Progene makes no additional warranties of any kind, express or implied, for any product. EXCEPT WHERE PROHIBITED BY LAW, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY DISCLAIMED: (1) FOR ALL 'AS IS' SALES; AND (2) UPON THE LATER TO OCCUR OF: [A] THE EXPIRATION OF ANY APPLICABLE EXPRESS WARRANTIES, OR [B] 30 DAYS FROM DATE OF PURCHASE.
Progene cannot and will not be liable for any loss or damage (including indirect, special, incidental or consequential damages), caused directly or indirectly by the products listed on this receipt. Some states do not allow limitations on implied warranties (such as warranties of merchantability or fitness for a particular purpose), or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In addition, you may have other rights which vary from state to state.
Products which have been subject to misuse (including static discharge), exposure to water or extreme temperatures, neglect, accident or modification, or which have been soldered or altered are excluded from any warranty by Progene.
The products we sell are not authorized for use as critical components in human implantable devices, or life support devices or systems. A critical component is any component of a human implantable device, a life support device or system, whose failure to perform can be reasonably expected to cause the failure of the implant, life support device or system, or to affect its safety or effectiveness. No products sold are to be considered medical devices, used for any health or medical purposes, or for any diagnosis of any health or medical conditions. Any products that provide the user data are to be used only for informational purposes only and should not be relied on for any purpose as the only source of data.
For all third party products covered by a manufacturer's warranty, a copy of a specific warranty, where one is offered by a warrantor, will be made available for inspection before sale or by calling customer service at (866) PROGENE.

Progene 30 Day Limited Warranty
Progene Healthcare, Inc., doing business as Progene (hereafter “Progene”) warrants this product against defects in materials and workmanship under normal use by the original purchaser for thirty (30) days after the date of purchase. PROGENE MAKES NO OTHER EXPRESS WARRANTIES.
This warranty does not cover: (a) damage or failure caused by or attributable to abuse, misuse, excessive temperatures, exposure to water or other solvents, failure to follow instructions, improper installation or maintenance, alteration, accident, Acts of God (such as floods or lightning), or excess voltage or current; (b) improper or incorrectly performed repairs; (c) consumables such as fuses or batteries; (d) ordinary wear and tear or cosmetic damage; (e) transportation, shipping or insurance costs; (f) costs of product removal, installation, set-up service, adjustment or reinstallation; and (g) claims by persons other than the original purchaser.
Should a problem occur that is covered by this warranty, contact Progene Customer Service at (866) PROGENE for an RMA. Mail the defective unit with original sales receipt as proof of purchase date to

• Progene Dist Ctr B
• Attn: Warranty Returns - RMA# _________
• 1901 Dalton Ave
• Cincinnati, Ohio 45214

Progene will, at its option, unless otherwise provided by law (a) replace the product with the same product, (b) replace the product with a comparable product (as determined by Progene), or refund the purchase amount. All replaced products become the property of Progene. Any data lost is not covered by this warranty and purchasers agree to backup, download and/or make a copy of all data prior to returning any products for warranty or returns coverage.

PROGENE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND, IF APPLICABLE, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, SHALL EXPIRE ON THE EXPIRATION OF THE STATED WARRANTY PERIOD.

EXCEPT AS DESCRIBED ABOVE, PROGENE SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO THE PURCHASER OF THE PRODUCT OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED DIRECTLY OR INDIRECTLY BY USE OR PERFORMANCE OF THE PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES RESULTING FROM INCONVENIENCE AND ANY LOSS OF TIME, DATA, PROPERTY, REVENUE, OR PROFIT AND ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF PROGENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL PARTIES AGREE THAT ANY LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS.

All disputes arising out of or relating to these Limited Warranty Terms (including its formation, performance or alleged breach), the Product(s), Product(s) sold, Services provided, any information contained in this Website or customer concerns whatsoever, all parties agree that this will be exclusively resolved in small claims court or under confidential binding arbitration held in Cincinnati, Ohio before and in accordance with the Rules of the American Arbitration Association instead of any court of general jurisdiction- this includes any claims against other parties relating to Services or Products provided or billed to you whenever you also assert claims against us in the same proceeding. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. All parties also agree that this affects interstate commerce so that the Federal Arbitration Act and federal arbitration laws apply (despite the choice of law provision below). To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. Any arbitration will take place on an individual basis.

All disputes relating in any way, directly or indirectly, to Progene for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Cincinnati, Ohio, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Ohio Revised Civil Code, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitratable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties

Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in Cincinnati, Ohio to enforce these Terms of Use or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

WAIVER OF CLASS ACTION RIGHTS. BY ENTERING INTO THESE TERMS OF SERVICE, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCT, SERVICE OR TERMS OF SERVICE MUST BE ASSERTED INDIVIDUALLY AND NEITHER YOU OR PROGENE HAS THE RIGHT TO ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM.

Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, Product or Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.

Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.