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LIMITED WARRANTY

Acu-Gen Biolab, Inc. (“Acu-Gen”) offers a Limited Warranty for the Baby Gender Mentor Test.  The terms and conditions of the Limited Warranty are described below.  Read the Limited Warranty carefully so that you understand what is and what IS NOT covered by the Limited Warranty.

 

What Does The Limited Warranty Cover?

 

This Limited Warranty only covers inconsistent or INCONCLUSIVE results of the Baby Gender Mentor Test.  An inconsistent result occurs when the gender identified by the Baby Gender Mentor Test is inconsistent with the gender stated on the baby's birth certificate.  An INCONCLUSIVE result occurs when Acu-Gen determines, in its sole discretion, that the Baby Gender Mentor Test result is inconclusive. 

 

Who Is Covered By The Limited Warranty?

 

The Limited Warranty covers any purchaser of the Baby Gender Mentor Test who follows all directions for use of the Test and either receives an INCONSISTENT result or receives an INCONCLUSIVE result. 

 

What Am I Eligible To Receive If I Receive An Inconsistent Or Inconclusive Result?

 

If you have followed all directions for use of the Baby Gender Mentor Test and you have received an INCONSISTENT result, you are eligible to receive a 100% refund   of the prices you paid for the Test Kit and for laboratory analysis, if you qualify for   the refund.  If you obtained a Test Kit by submitting a coupon, you are not eligible to receive a refund on the price of the Test Kit.

 

If you have followed all directions for use of the Test and you have received an INCONCLUSIVE result, you are eligible to receive a refund of the price of the laboratory analysis, if you qualify for the refund. 

 

If you have not followed all directions for use of the Test, you will not receive any refund.

 

If I Am Eligible, How Do I Qualify For A 100% Refund?

 

To qualify to receive a 100% refund, follow these directions:

 

(1)        You must obtain a certified copy of your baby's birth certificate. 

 

(2)        If the certified copy of your baby's birth certificate is inconsistent with the result of your Baby Gender Mentor Test, contact Acu-Gen and Acu-Gen will send you a Fingerprint Collection Card and Refund Release Form.  (See CONTACT US on our Web Site for contact information.)

 

(3)        Follow the simple instructions for placing your baby's inkless fingerprints on the Fingerprint Collection Card.  (Obtaining your baby's inkless fingerprints on the Fingerprint Collection Card is quick, easy and completely safe.) 

 

(4)        Complete and sign the Refund Release Form.  (This should take you no more than a minute or two.) 

 

(5)        Using certified mail only, mail the certified copy of your baby's birth certificate, the Fingerprint Collection Card and the Refund Release Form to:

 

Acu-Gen Biolab, Inc.

50 Stedman Street, Suite 1A

Lowell, MA 01851

 

If you do not send the Form and other required materials by certified mail, delivery cannot be verified and your refund may not be processed or paid.

 

How Soon Will My Request Be Processed?

 

As soon as all required materials have been submitted properly and timely, Acu-Gen will use its best efforts to review and process valid refund requests within four to six weeks after submission of the complete refund package.

 

If I Am Eligible, How Do I Qualify For A Refund Of The Price I Paid For Laboratory Analysis?

 

If you are eligible for a refund of the price you paid for laboratory analysis, contact Acu-Gen and Acu-Gen will send you a Refund Release Form.  (See CONTACT US on our Web Site for contact information.)  To qualify for a refund of the price you paid for laboratory analysis, complete and sign the Refund Release Form and send the Form and other required materials by certified mail only to:

 

Acu-Gen Biolab, Inc.

50 Stedman Street, Suite 1A

Lowell, MA 01851

 

If you do not send the Form and other required materials by certified mail, delivery cannot be verified and your refund may not be processed or paid.

 

How Long Does This Limited Warranty Last?

 

To qualify for a refund from Acu-Gen, you must send all required materials to Acu-Gen by certified mail only no later than two months after the birth of your baby.    If you do not timely send the required materials by certified mail, you will not qualify for a refund.

 

What Is Not Covered By The Limited Warranty?

 

You are not covered by the Limited Warranty unless you have followed all directions for use of the Baby Gender Mentor Test.  (By way of example only, you are not covered by the Limited Warranty if you have submitted a contaminated blood sample or have otherwise improperly administered the Test.)

 

You are also not covered by the Limited Warranty if you have provided inaccurate or incomplete information to Acu-Gen, if you have misrepresented any fact to Acu-Gen, or if you have engaged in dishonest, deceptive or fraudulent conduct.  No refund will be made based on conflicting ultrasound images, karyotype/FISH analysis, any other indirect, low-resolution gender-determining techniques, or any inconsistency established by anything other than a certified copy of your baby's birth certificate and the other materials required to be submitted.  You will be eligible for a 100% refund only if the fetus that you were carrying when you took the Test is born alive. 

 

In all cases, Acu-Gen reserves the right in its sole discretion to reject any blood sample for any reason, or to decide not to post test results.  If Acu-Gen rejects a blood sample or decides not to post a test result, Acu-Gen will refund the price paid for laboratory analysis, but Acu-Gen will not refund the price paid for the Test Kit. 

 

DISCLAIMER OF WARRANTIES

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY OFFERED BY ACU-GEN AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.  ANY EXPRESS WARRANTY NOT EXPRESSLY STATED HEREIN, AND ANY REMEDY FOR BREACH OF CONTRACT WHICH BUT FOR THIS LIMITED WARRANTY MIGHT ARISE BY IMPLICATION OR OPERATION OF LAW, IS EXCLUDED AND DISCLAIMED.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE SPECIFIC DESCRIPTION OF THIS LIMITED WARRANTY.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL ACU-GEN BE LIABLE TO ANY PURCHASER OR POTENTIAL PURCHASER OR USER OR POTENTIAL USER OF ACU-GEN’S PRODUCTS OR SERVICES OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OR PERFORMANCE OF THE BABY GENDER MENTOR TEST, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT, OR OTHERWISE.  ACU-GEN SHALL NOT BE LIABLE FOR ANY EXPENSES, CLAIMS OR SUITS ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE FOREGOING.

 

Please note that 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 Disclaimer of Warranties and Limitation of Liability may not apply to you.  This Limited Warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

 

©2004 Acu-Gen Biolab, Inc. All rights reserved.

 

 

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