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WARRANTY
SCTI warrants that a batch of stem cell transplants individually prepared for a specific patient have been manufactured in accordance, and in strict compliance, with GMP ("Good Manufacturing Practice"), with regulations of the U. S. Food and Drug Administration, and of the respective regulatory agencies of the European Union, by a specific request made in writing by an ordering individual and physician's prescription.
Except as stated in the proceeding sentence, there are no warranties, expressed or implied, including, without any limitations, any implied warranty of merchantability, or of fitness for a particular purpose. Because cells in our stem cell transplants are living beings, it is not possible to give any other warranty, but the one stated above.
SCTI, its affiliates, associates or partners are not liable for injuries resulting from the use of our stem cell transplants in clinical practice, whether the handling or use was, or was not, improper, inappropriate, unintended, wrongful or negligent, in any manner whatsoever.
Ordering entity(ies)' exclusive remedy for any losses resulting from the use of our stem cell transplant(s), breech of warranty, or, any other cause, including but not limited to, direct or indirect negligence or strict liability, shall be limited to the suitable replacement of the stem cell transplant(s), as per our replacement policy stated hereinbelow.
ANY further liability besides those applicable hereto, including consequential damage(s), is thereby excluded and is, in every case, limited to the price of the stem cell transplant(s).
The ordering entity(ies) shall bear, indemnify, and hold SCTI, its affiliates, associates and/or partners, harmless from any and all actions, claims, judgments, costs, expenses, risks and liabilities, directly or indirectly, concerning any/all misuses and/or uses of the stem cell transplant(s). The ordering entity(ies) is responsible for the "safe keeping," and for assuring that the handling and/or use of said stem cell transplant(s) will be done and/or carried out ONLY by a qualified and knowledgeable physician, and that the implantation of the stem cell transplant(s) will be conducted and/or carried out IMMEDIATELY after their delivery by the currier or shipping agent.
REPLACEMENTS AND RETURNS (THE POLICY)
No returns will be accepted, nor will there be any replacement of stem cell transplants(s) once they have been accepted at final destination, because stem cell transplant(s) lose their effectiveness quickly (their viability is diminished unless stored properly in an incubator and handled only by a knowledgeable professional).
As previously stated, all steps recommended by U.S. FDA, and by the respective regulatory agencies of the European Union, have been put into practice to aid and assure "top quality" preparations. Besides many other specimens, samples of each stem cell transplant(s) prepared by us are kept in liquid nitrogen in our laboratory(ies), pursuant to U.S. FDA's regulations.
However, stem cell transplants(s) will be replaced free of charge in the following situation(s):
- in case of non-delivery or late delivery, caused by fault of our own, or those of our agent(s), shippers and/or curriers; or,
- in case of breech of warranty, as set forth applicably.
