Sensored Life Terms and Conditions

 Everything you need to know about purchasing, warranties, returns, and service terms for Sensored Life products.

This page outlines the standard terms for purchasing products (e.g., MarCELL devices, sensors, software, and monitoring services) from Sensored Life, LLC. It applies unless a separate signed agreement overrides it. Key sections are outlined below for clarity, grouped by topic.

Acceptance and Applicability

• By accepting delivery, customers agree to these terms.
• These terms supersede unless a separate purchase agreement with different conditions is signed and explicitly states control.

Payment Terms

• General: Net 30 days from invoice date with approved credit; otherwise, payment in advance.
• Sensored Life can modify, suspend, or require advance payment at any time.
• Late payments incur a service charge at the maximum rate permitted by law on delinquent accounts.
• Customers cover collection costs, including attorney fees.
• Prices can change without notice.
• All payments in USD only.
• MarCELL Products: Accept credit cards (Visa, MasterCard, AmEx, Discover), checks, or money orders with previous permission.
• Monitoring Services: Billed monthly, quarterly, semi-annually, or annually. First billing upon service initiation. Same payment methods as MarCELL. Check holds apply.

Order Placement

Orders can be mailed to: Sensored Life, Attn: Sales, 350 Mile Crossing Blvd, Rochester, NY 14624, or placed on meetmarcell.com.

Shipping and Delivery

• Taxes: Customer responsible unless valid exemption certificate provided. Taxes shown on invoice.
• International: Customer pays brokerage, customs fees, and taxes. Invoices state actual value; no under-valuation.
• Title/Risk: Passes to customer upon shipment to carrier (F.O.B. Origin).
• Claims: For missing/damaged goods, notify within 15 days of receipt or waived.

Warranty and Remedies

Limited Warranty

• Hardware: Lifetime as long as there is a valid subscription.
• Exclusions: Abuse, misuse, negligence, accident.
• Remedies: For software, bug fix/patch. For hardware, refund (less discounts), repair, or replace. Replacements may be new/refurbished.
• Returns: Require RMA; unmodified, original packaging. Notify within 90 days for defects. Beyond 1 year: Repair at standard rates for 1 year post-receipt.
• Shipping: Customer bears return costs/risk; Sensored Life covers replacement shipment and credits reasonable return costs.

Limitations

• Sole remedy: Repair, replace, or refund purchase price.
• Disclaims all other warranties (e.g., merchantability, fitness for purpose).
• Liability capped at purchase price.
• No liability for special/indirect/consequential damages.
• No actions after 1 year from accrual.
• Not for fail-safe uses (e.g., life support, nuclear).

30-Day Satisfaction Guarantee

Full refund (less taxes/shipping/fees) if contacted within 30 days. Requires RMA; unmodified/original packaging. Volume orders may incur restocking fee.

Indemnification for Infringement

• Sensored Life defends/settles U.S. patent/copyright claims on unmodified products.
• Options: Procure rights, modify, replace, or refund (less use credit).
• No liability for customer modifications, specs, or combinations with non-Sensored Life items.
• This is customer’s exclusive remedy.

Software License

• Owned by Sensored Life or third-party licensor.
• Customer gets limited, non-exclusive, non-sublicensable license for use with intended hardware/specs only.

Legal and Miscellaneous

• Governing Law: New York State laws; UN Convention excluded. Comply with U.S. laws.
• Compliance: Customers must comply with all applicable U.S. laws and export regulations. See the official U.S. Export Administration Regulations (EAR) for reference.
• Disputes: Exclusive jurisdiction in New York courts.
• Force Majeure: No liability for delays beyond control (e.g., vendor/transport issues).
• Export: Comply with U.S. export laws.
• Severability: Invalid provisions don’t affect others. Waivers/modifications require signed writing.
• Entire Agreement: This is complete; no binding customer terms unless accepted.