Cancellations, Return Policies, and Exchanges

THE MANUFACTURER OF EACH RESPECTIVE PRESCRIPTION PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH THAT PRODUCT. PEPTI HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, RELATING TO THE PRESCRIPTION PRODUCTS THAT ARE THE SUBJECT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF FOREGOING, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

Cancellations, Return Policies, and Exchanges

All sales are final, and prescription products that have shipped to Customer may not be returned. In its sole discretion, Pepti Health may replace a prescription product.

Force Majeure

Pepti Health shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limiting the generality of the foregoing, delays due to backordered prescription products, delays or disruptions of the mail service, delays or disruptions in customs clearance or other import processing services, and lost or misdirected shipments.

Limitation of Liability

Pepti Health(INCLUDING ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW FOR PRESCRIPTION PRODUCTS NOT BEING AVAILABLE FOR USE OR DELAYS IN THE RECEIPT BY CUSTOMERS OF PURCHASED PRESCRIPTION PRODUCTS. Pepti Health WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF PERSONAL INJURY OR DEATH, FINANCIAL LOSS, LOSS OF BUSINESS INCOME, OR OTHER INCIDENTAL, DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRESCRIPTION PRODUCTS, Pepti Health IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRESCRIPTION PRODUCTS UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). NEITHER BorderFreeHealth NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN THOSE JURISDICTIONS.

No Alterations or Amendments

This Agreement’s terms and conditions may not be altered or amended by the use of any other document. Any attempt to alter or amend this Agreement or to enter an order for prescription products that is subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement executed by both Customer and Pepti Health.

Entire Agreement

This Agreement and any document incorporated by reference herein constitute all of the terms and conditions that govern the contract between Pepti Health and Customer. All prior agreements, understandings, negotiations, contracts, proposals, or requests for proposals, whether in writing or otherwise, between Pepti Health and Customer are null and void. Where these terms and conditions conflict with the contents of any document incorporated by reference herein, these terms and conditions shall govern.

Headings

The section headings used herein are for convenience of reference only and do not form a part of this Agreement’s terms and conditions, and no construction or inference shall be derived therefrom.