Terms of Product Use
TestDiet® division, LabDiet® division, PMI® Nutrition International / Purina Mills LLC, and all their respective affiliates, parents, and subsidiaries (hereafter "PMI®") offer goods (and related services) under the brand names LabDiet® and TestDiet® (hereafter "Product" or "Products"), solely for use in laboratory research and in in vivo laboratory investigational research studies.
Products are NOT for human consumption. No Product is offered for drug or clinical use in humans or for human food or food additive use. Products defined in the Federal Food, Drug, and Cosmetic Act to be "drugs" or "food additives" will only be sold and shipped for use in laboratory research animals and not for use in or for humans. Sale or transfer of Products may only be made to legitimate research entities. No Product is offered for sale or transfer to any individual person or consumer; and, no such sale, re-sale, or transfer is authorized or approved by PMI®. Research animals and their edible products may not be used for human food. Federal Law does not permit carcinogenic diets to be prepared. Radioactive materials, controlled substances, live organisms, or pathogens will not be incorporated into Products.
All Products are sold subject to the terms of the Limited Warranty below; by purchasing or otherwise acquiring or using Products, the buyer and end-user consent to these Terms of Product Use and Limited Warranty. No settlement of any claim against PMI® shall be valid or binding unless duly authorized by PMI® and evidenced in writing signed by an authorized officer of PMI®.
Limited Warranty
PMI® warrants that any Product (as defined above) will conform to the description on the label or other written specifications published by PMI®. In the event that Products do not so conform, subject to deviation within accepted industry standards, PMI®, at its sole election, will either replace such Products, or refund to the buyer an amount not to exceed the price paid for the non-conforming Products purchased. This is the only remedy for a breach of this warranty. As a condition of this warranty, all non-conformities must be reported to PMI®, in writing, upon discovery but in no case later than fifteen (15) days after delivery (or the date fixed for delivery, as the case may be), subject to independent verification by PMI®.
Although PMI® staff may aid in selecting diets, ingredients, and services, it is the buyer’s responsibility to determine whether a Product is suitable for the specific research use. PMI® assumes no responsibility for any purpose for which Products may be used. Buyer assumes all risk and liability for use of and results obtained by the use of Products.
In no event and under no circumstances shall PMI® be liable for any special, incidental, or consequential damages, nor for any amount in excess of the price paid for the subject Products purchased.
No warranty of any kind is made with regard to shipping or delivery of Products.
PMI® MAKES NO FURTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED; PARTICULARLY, PMI® MAKES NO WARRANTY OF MERCHANTABILITY, NOR OF SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IT BEING UNDERSTOOD THAT THE BUYER SHALL RELY UPON ITS OWN EXAMINATION AND EXPERTISE.