Product Eligible for Return or Credit: With the exception of Non-Returnable Products or Product returns governed under a separate purchase agreement, Product returns will be accepted for return only under the following conditions:
1. MiMedx Consigned Product. For return of MiMedx consigned product, please contact your MiMedx Sales Representative or email firstname.lastname@example.org.
2. Damaged or Non-Conforming Product.
a. Damaged Product. Product shipped directly from Company that is damaged in transit from Company to Customer shall be processed exclusively by MiMedx. Such damaged Product should be immediately reported to MiMedx by contacting email@example.com .
b. Non-Conforming Product. Product purchased directly from MiMedx by direct purchasing accounts, or from a distributor that is unusable due to reasons related to Product quality arising out of the manufacturing of the Product (i.e., the physical characteristics of the Product deviate from the physical characteristics of the Product described in the Instructions for Use for the Product or the Product specifications) shall be processed exclusively by MiMedx. Such Product should be immediately reported to MiMedx by contacting firstname.lastname@example.org .
3. Product Ordered in Error. Product ordered/received and purchased from MiMedx in error is eligible for return. Such Product shall only be returnable if a Customer notifies MiMedx of the error in writing within thirty (30) calendar days of receipt of the shipment pertaining to the ordering error and MiMedx confirms receipt of request to return. Notification is completed by emailing the Returns Material Authorization Form to email@example.com.
a. Product must be returned unused and in its original packaging with no additional labels or materials added to the package.
b. With the exception of Products returned in accordance with other sections of this Policy, MiMedx will not accept returns of Products ordered in error after thirty (30) calendar days from Customer’s receipt.
4. Product Returned Due to FDA Recall, Voluntary Recall by Company or at Direction of Company. Product that the Company or a governmental entity (e.g. FDA) instructs Customers to return, including, but not limited to, Product recalls, natural disasters or regulatory requirements. These Product returns will only be eligible if authorized by Company’s Legal Department or by a governmental entity with authority to issue such instructions to Company and Customers.
Non-Returnable Products. Return of Products is not permitted for the following circumstances. Non-returnable products will not be eligible for authorized return and Customer will not receive credit nor release from payment obligations in the event of an unauthorized return that is outside of the eligible return criteria set forth above. For the avoidance of doubt, the following Product is not eligible for credit or replacement under the above, regardless of whether the Product otherwise satisfies the requirements in any of the sections previously specified:
1. Product that is not in its original packaging; or Product not in its original container and/or not bearing its original label; or lot numbers or expiration dates are missing; unless (a) a certification of return circumstances that would not require the return of physical Product (e.g. loss, damage, etc.) and proper disposal, if applicable, has been submitted and Company has approved and processed such certification or (b) Product is physically returned but is damaged (at time of shipment by Company) making fulfillment of this requirement impossible.
2. Product involved in a fire, flood, natural disaster, or obtained in a sacrifice or bankruptcy sale.
3. Product that is in a deteriorated condition due to improper storage by Customer (e.g., exposure to water, heat, cold, fire).
4. Product that Company has previously designated as “nonreturnable” by contract or notice to Customer outside of the Product Return Policy.
5. Product that has been repackaged.
6. Product purchased for research or clinical trials or shipped as a no cost item (e.g., physician sample, Product replaced through separate Company Product replacement program, etc.).
7. Product damaged or rendered unusable due to mishandling or error by Customer.
8. Any private-labeled products manufactured by Company, but sold by a third party. These products should be returned under the terms and conditions for return offered by the selling entity.
“Product” means a product that (i) has been ordered by a Customer via purchase order and (ii) invoiced by Company at the time of delivery.
“Consigned Product” means a Product that a Customer receives and stores in proper conditions, but the Company otherwise retains ownership and title to the Product until such Product is used by the Customer.
“Customer” means a direct purchaser of Company Products, including, but not limited to, a hospital, physician practice, distributor, wound care center, or other outpatient facility.
“Return Management Authorization” or “RMA” means an approval and associated return identification information issued by Company to Customer.