Terms and Conditions

TERMS AND CONDITIONS FOR STERILIZATION, DISINFECTION, AND CLEANING CONTROL PRODUCTS AND SERVICES

 

  1. DEFINITIONS
    • 1. In these Terms and Conditions:

 

Agreement” means collectively these Terms, all Orders, and any schedules and addenda entered into and executed by the Parties.

 

Customer” means the person or company purchasing SDC Products from Mesa.

 

Delivery” means Mesa making the SDC Products available to the designated carrier as

provided in Section 4.1 of these Terms.

 

Mesa” means one of the following entities, as identified on the Order, Mesa Canada Inc. or Mesa Laboratories, Inc.

 

Order” means: (i) a written purchase order for SDC Products which is issued by the Customer and accepted by Mesa in writing, including by email confirmation or (ii) Products or Services delivered pursuant to Customer’s auto-renewal subscription.

 

Party” means Mesa or the Customer individually, and “Parties” means both of them

Collectively.

 

SDC Products” means any one of the following products that are identified and purchased through Customer’s Order:

  • sterility assurance products and related Services;
  • cleaning and disinfection products and related Services;
  • consulting and educational services; or
  • laboratory testing services.

 

Services” means sterilization, validation, verification, installation, calibration and testing services, microbiology and analytical chemistry laboratory services, extended warranty services, technical support, advisory and educational services, test plans, protocols and other method development, monitoring, SaaS subscription, and any other services, in each case as specifically identified in and purchased through Customer’s Order.

 

Terms” means the Terms and Conditions set out herein.

 

  1. CONTENT OF TERMS

2.1. Unless otherwise agreed in a writing executed by the Parties, every purchase of SDC Products and Services from Mesa by the Customer shall be governed by these Terms.

 

2.2. No modification, change or amendment to these Terms shall have effect unless expressly agreed to in a separate writing executed by the Parties, specifically referencing these Terms.

 

2.3. If there is any conflict between these Terms and any terms or conditions contained in any Quote (as defined below), Order, addendum, communication, or other document, these Terms shall prevail, unless .

 

  1. BASIS OF SALE; PRICES; PAYMENT

3.1. Purchase and sale of SDC Products and/or Services shall be made only pursuant to an Order. No Order will be deemed accepted by Mesa unless and until the SDC Products are shipped by Mesa to the Customer or Services are commenced.

 

 

3.2. The prices of the SDC Products and Services shall be as set forth on a written quotation from Mesa (“Quote”). The Quote will state an expiration or “valid until” date. If the Customer issues an Order without a Quote and Mesa accepts the Order, then the price of the SDC Products and Services shall be as set forth on Mesa’s standard price list, as of the date the Order is received by Mesa.

 

3.3. Notwithstanding anything contained herein to the contrary, Mesa is not obligated to accept any Order from the Customer.

 

3.4. Customer shall be responsible for all taxes, duties, fees or other charges of any nature (including, but not limited to consumption, import, property, sales and value added taxes).  All such amounts are in addition to prices for the SDC Products and/or Services.

 

3.5. Customer shall pay all invoiced amounts for the SDC Products and/or Services in the currency set forth on the Order or invoice, and if no currency is so listed, the currency shall be U.S. Dollars, without set-off or deduction, within thirty (30) days from the invoice date. The time for payment shall be of the essence. Upon Mesa’s approval, Customer may pay an invoice by credit card. Customer represents and warrants that its employees, representatives, or other personnel that may place an Order from time to time (each a “Customer Representative”) are duly authorized to do so and further represent and warrant that (i) the credit card information supplied by Customer to Mesa is true, correct and complete, (ii) the Customer Representative is duly authorized to use such credit card for the purchase of the Order, (iii) charges incurred by Customer will be honored by Customer’s credit card company. Mesa reserves the right at Mesa’s discretion to withdraw or refuse any credit facilities and require payment in advance for Orders placed by the Customer.

 

3.6. If the Customer fails to make any payment as and when due, in addition to seeking any and all other legal and equitable rights and remedies available to Mesa, Mesa shall be entitled to:

 

3.6.1. suspend any further deliveries, performance of Services or access to the online portal through which Customer can view the results of the SDC Products; and

 

3.6.2. charge the Customer interest on the amount unpaid at the rate of eighteen percent (18%) per annum until payment in full is made.

 

3.7. Shipping and handling charges may apply in an amount to be determined by Mesa in its discretion.

 

  1. SDC PRODUCT DELIVERY; SERVICE PERFORMANCE

4.1. Mesa will ship all SDC Products via EXW (ExWorks Incoterm 2010 definition) to the Customer’s address stated in an applicable Order. For the avoidance of doubt, Mesa will arrange for carriage of the SDC Products from its place of business through a carrier designated by Customer. If Customer does not designate a carrier, then Mesa will designate a carrier of its preference. Mesa fulfills is obligation under an Order upon Delivery of SDC Products to the Customer.

 

4.2. Title and risk of loss of the SDC Products shall pass to the Customer upon Delivery for shipped SDC Products, or upon completion of Mesa’s services at Customer’s premises for SDC Products delivered and installed by Mesa.

 

4.3. Delivery and Service performance and completion dates and times stated by Mesa are approximate, and such dates and times are deemed not of the essence.

 

  1. INSPECTION; ACCEPTANCE/REJECTION

5.1.  Of Delivered SDC Products:

 

5.1.1.  It is the responsibility of the Customer to inspect the SDC Products upon receipt. Customer shall notify Mesa, within five (5) business days of receipt, of any wrong SDC Products delivered, damage to the SDC Products, or discrepancy in the quantity of SDC Products delivered. If Mesa timely receives such notice, it will in writing (which may be by email) authorize Customer to return the wrong, damaged, or excess SDC Products to Mesa. If the Customer does not notify Mesa within such 5-day period, then the SDC Products shall be deemed to be in accordance with the Order and accepted by the Customer.

 

5.1.2. Following receipt of Mesa’s return authorization, Customer shall ship the wrong, damaged or excess SDC Products (as the case may be) to Mesa, contemporaneously with a copy of the notice referenced in Section 5.1 above, including of SDC Product shortfalls, if any. Upon receipt of returned SDC Products, Mesa shall, at its option, with reasonable promptness either repair or replace any nonconforming or damaged SDC Products.  In the event of quantity discrepancies, Mesa shall refund the price paid by the Customer for any excess quantity of SDC Products,  deliver the shortfall number of SDC Products, and/or adjust the corresponding invoice to reflect the correct number of SDC Products shipped.  The foregoing are the Customer’s exclusive remedies and Mesa’s sole liability and obligation in the event of errors in shipments or damages to SDC Products.

 

  1. ORDER CHANGE/CANCELLATION POLICY

 

6.1. Change to an Order where Delivery has already been arranged:

 

6.1.1  If Mesa has already arranged for the Delivery of the SDC Products or Services pursuant to an Order, including, but not limited to, by printing a shipment ticket for the SDC Products or Services, then the Order may not be cancelled. Mesa, at its option, shall either (i) complete Delivery of the SDC Products or Services pursuant to the Order and Customer shall pay all invoiced amounts for such SDC Products or Services or (ii) impose Handling Fees in lieu of completing Delivery of the SDC Products or Services.

 

6.2. Change to an Order where the SDC Product or Service is custom:

 

6.2.1.  As used in this Section , “Custom” means any SDC Product that is made-to-order; procured-to-order; not routinely kept in stock by Mesa; or custom designed or manufactured for Customer.  Custom SDC Products or Services may not be changed or cancelled by the Customer after the manufacturing or procurement process has been scheduled by Mesa, regardless of whether such manufacturing has actually begun or the Custom SDC Product has been procured. Mesa, at its option, shall either (i) complete Delivery of the SDC Products or Services pursuant to the Order and Customer shall pay all invoiced amounts for such SDC Products or Services or (ii) impose Handling Fees in lieu of completing Delivery of the SDC Products or Services.

 

6.3.  Changes to an Order when the SDC Products have already been allocated to Customer:

 

6.3.1.  If Mesa has allocated, set-aside, or otherwise reserved for Customer the SDC Products pursuant to an Order for a period of one (1) month or longer after the date of such Order, then the Order may not be cancelled by Customer.  Mesa, at its option, shall either (i) complete Delivery of the SDC Products or Services pursuant to the Order and Customer shall pay all invoiced amounts for such SDC Products or Services or (ii) impose Handling Fees in lieu of completing Delivery of the SDC Products or Services.

 

6.4. All other changes or cancellations to an Order:

 

6.4.1.  If Customer has the right to change or cancel an Order pursuant to the terms of this Section 6 and Customer does change or cancel an Order for SDC Products, then Mesa shall have the right to charge certain fees, not including shipping fees, taxes, etc. (“Handling Fees”) to Customer. It is in Mesa’s sole discretion to determine: (i) whether Mesa imposes Handling Fees and; (ii) if Handling Fees are imposed, the amount of the Handling Fees. The Handling Fees may equate to up to one-hundred percent (100%) of the value of the cancelled Order.

 

6.4.2. If Customer cancels sterility assurance products and/or related Services (for example, Mail-in Spore Testing), Customer is not entitled to a refund of any unused, discontinued, or cancelled portion of the such SDC Products or Services.

 

6.4.3. The Customer will also be responsible for any costs incurred by Mesa in preparing to perform installation and related Services with respect to Orders cancelled by Customer. Mesa will issue an invoice to Customer for any Handling Fees.

 

  1. SDC PRODUCT RETURN/REFUND POLICY

 

7.1. SDC Products may be returned to Mesa by no later than 30 days after Delivery, except for Custom SDC Products which may not be returned and are excluded from the term SDC Products as used in this Section 7.  Only SDC Products in original and unused condition for which a Returned Goods Authorization has been issued by Mesa will be accepted. The returned SDC Products must be returned in their original packaging, and received by Mesa within the return window, and must be accompanied by a written certification from Customer that they had not been used and are in salable condition. Return of defective SDC Products are governed by Section 8 below.

 

7.2. Customer shall return the SDC Products at its own cost and expense, with all freight being prepaid.

 

7.3. All returned SDC Products, except non-conforming or defective SDC Products, shall be subject to, and Customer shall be liable for, a thirty percent (30%) restocking fee.

 

7.4. Invoice charges shall include (i) applicable taxes unless a proper tax-exempt certificate is provided to Mesa and (ii) shipping costs at applicable rates unless Customer provides Mesa with a Customer shipping account to be charged.

 

7.5. Any installation or related Service charges and costs on returned SDC Products are not refundable.

 

  1. LIMITED WARRANTY

8.1. Mesa warrants to Customer that it will provide Services in a professional and workmanlike manner, consistent with industry standards.  Mesa warrants to Customer that the SDC Products will be free from defects in material and workmanship, under normal use, for a period commencing on Delivery and expiring as follows depending on the SDC Product:

 

8.1.1. SDC Products are warrantied through the expiry date as noted on the SDC Product label.

8.1.2. If an SDC Product does not have an expiry date on the SDC Product label (for example, incubators), then such SDC Product is warrantied for twelve (12) months from the date of purchase.

 

8.2. To claim warranty services, Customer shall promptly notify Mesa in writing prior to the expiration of the applicable warranty period, and upon receipt of Mesa’s written return authorization, shall ship the defective SDC Products to Mesa together with a copy of such warranty claim notice; except that, to claim warranty services for an Incubator, Customer must ship the defective incubator to Mesa contemporaneously with sending the notice of the defective incubator. Mesa shall, at its option, either (i) repair or replace the defective SDC Product, or (ii) refund of the purchase price paid by Customer for the defective SDC Product. Any repair or replacement by Mesa shall not extend or renew the warranty period.

 

8.3. Customer acknowledges that the SDC Products which are purchased (i) are of a design, size, quality, capacity, type, and quantity designated and selected by the Customer, and (ii) are as required and suitable for Customer’s purposes.

 

 

 

8.4. The warranty in Section 8.1 is not applicable to, and is void and of no force and effect with respect to defects or damage resulting from (i) Customer’s use of the SDC Products other than in their normal and customary manner; (ii) misuse, abuse, accident or neglect of or to the SDC Products; (iii) normal wear and tear; (iv) modification or alteration of the SDC Products; (v) parts, accessories, attachments, software or other devices not furnished by Mesa; (v) any Force Majeure event; (vi) failure of, fluctuation in, or interruption of commercial power, infrastructure, network, connectivity, servers or other hardware, and software not furnished by Mesa; (vii) battery failure, and (iii) any acts or omissions by anyone other than Mesa.

8.5. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES HEREIN PROVIDED ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGE RESULTING FROM MESA’S BREACH OF THIS WARRANTY.

 

  1. LIMITATION OF LIABILITY; INDEMNIFICATION

 

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL MESA BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, BUSINESS, INCOME, REVENUE AND PROFITS, REPUTATION, ANTICIPATED SAVINGS, OPPORTUNITY, GOODWILL, OR DATA), LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IRRESPECTIVE OF WHETHER MESA HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF THE USE OF THE SDC PRODUCTS.

 

9.2.  Mesa shall furthermore not be liable for any loss or damage to, loss in value of, or loss of revenue or anticipated profits of Customer, under any theory of law, even if such loss or damage is caused by failure of or defect in any SDC Product purchased hereunder, and whether such failure or defect arises out of Mesa’s design, manufacture, installation or service of any SDC Product.

 

 

9.3. Notwithstanding Section 9.1 and 9.2 above, and except for damages caused by Mesa’s gross negligence or willful misconduct or those liabilities arising under Section 9.4, in no event will Mesa’s aggregate liability to Customer or any third-party in any matter arising from, relating to or in connection with these Terms, and any other terms and conditions between the Parties relating to the SDC Products or Services  exceed the amount actually paid to Mesa by Customer for the SDC Product or Service giving rise to Customer’s claim during the (6) months prior to the occurrence of the event giving rise to such liability.

 

9.4. Customer shall indemnify and hold Mesa harmless from and against any and all loss, cost, damage and expense, including reasonable attorneys’ fees (“Loss”) suffered or incurred by Mesa in connection with any claim, demand, action, suit or proceeding instituted by a third party, to the extent that such Loss arises out of (i) Customer’s use of the SDC Products or Services other than their normal and customary use, (ii) misuse, misapplication, abuse, accident or neglect of or to the SDC Products or Services, (iii) normal wear and tear of the SDC Products, (iv) Customer’s breach of the Agreement, or (v) modification or alteration of the SDC Products or Services.

 

9.5 Mesa shall indemnify and hold Customer harmless from and against any and all Loss suffered or incurred by Customer in connection with any claim, demand, action, suit or proceeding instituted by any third party against Customer to the extent that such Loss arises out of breach of a third party intellectual property right by a SDC Product or Service provided to Customer under these Terms.

 

  1. NOTICES

Any notice required to be given or served, shall be in writing. Notices shall be served on the Customer at the address stated on the Order. Notices shall be served on Mesa at 12100 W Sixth Ave., Lakewood, CO, 80228, attention General Counsel, or customerservice@mesalabs.com.

 

  1. FORCE MAJEURE

11.1. Mesa shall not be liable for failure to fulfill its obligations hereunder, or for delays in Delivery, due to causes beyond Mesa’s control, including without limitation, Acts of God, natural or artificial disasters, riot, war, delay by carrier, material shortages, armed conflict, acts or threats of terrorism, epidemics, strikes or other labor disturbance, or acts or omission of any governmental authority or of the Customer.

 

11.2. Upon occurrence of any event described in Section 11.1, above, Mesa’s time for performance shall be extended, without any liability or penalty, for a period equal to the time lost as a consequence of such event.

 

  1. EXPORT CLAUSE

The SDC Products, embedded technology, Software, and associated documentation (collectively, “Goods”) obtained from Mesa are subject to the United States Export Control laws and regulations and may be subject to export or import regulations of other countries. Customer agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain any and all applicable licenses and permits which may be required in order to sell, license, export, re-export, import or otherwise deal with the Goods. Diversion of the Goods contrary to any such law is strictly prohibited.

 

  1. AUTO-RENEWAL

13.1.  Certain SDC Products or Services may be eligible for auto-renewal. If Customer enrolls in an auto-renewal subscription program (“Auto-Renewal Subscription”), the following terms and conditions apply.

 

13.2.  For mail-in spore testing services:

 

13.2.1. The Auto-Renewal Subscription is a perpetual subscription for replacement products (each a “Renewal Shipment”) and will not terminate unless the Auto-Renewal Subscription is canceled by Customer or a Customer Representative. Customer or a Customer Representative can cancel the Auto-Renewal Subscription online by accessing the MIST dashboard available at https://sterilizermonitoring.mesalabs.com/common/Account/Login (the “Dashboard”) or by calling Mesa at 1-800-289-7786.

 

13.2.2.  Each Renewal Shipment will be shipped 365 days after the previous shipment, unless a different renewal frequency is selected by Customer or a Customer Representative via the Dashboard.

 

13.2.3.  Each Renewal Shipment is assigned to an individual sterilizer. Customer can assign a unique auto-renewal date and/or renewal frequency to each sterilizer associated with Customer.

 

13.2.4.  Mesa shall send email notice of a scheduled Renewal Shipment to Customer at least thirty (30) days prior to dispatch of such Renewal Shipment.

 

13.2.5.  Mesa will notify Customer of any pricing changes to the Auto-Renewal Subscription at least thirty (30) days prior to the next scheduled Renewal Shipment.

 

13.2.6.  Auto-Renewal Subscriptions can be cancelled up to one (1) business day prior to the next scheduled Renewal Shipment dispatch date. If Customer’s Auto-Renewal Subscription is not cancelled at least one (1) business day prior to the next schedule Renewal Shipment dispatch date, then the Renewal Shipment will be processed and shipped in accordance with Section 6.

 

13.2.7.  Renewal Shipments that are scheduled to shipped on a weekend or a holiday will instead be shipped on the next available business day.

 

  1. GENERAL

14.1. No waiver by Mesa of any breach by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision

 

14.2. If any of these Terms is held invalid or unenforceable in whole or in part the validity of the remaining Terms and the remainder of the provision in question shall not be affected.

 

14.3. If Mesa is Mesa Canada Inc., then these Terms shall be governed by the laws of Ontario and the Customer agrees to submit to the exclusive personal and subject matter jurisdiction of the federal, state or provincial courts located in Toronto, Ontario. If Mesa is Mesa Laboratories Inc., then these Terms shall be governed by the laws of Colorado and the Customer agrees to submit to the exclusive personal and subject matter jurisdiction of the federal, state or provincial courts located in Denver, Colorado.

 

14.4. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any term hereof.

 

14.5. These Terms govern all Orders and future contracts between Customer and Mesa concerning the sale or provision of SDC Products and Services, whether or not such Orders or contracts reference these Terms.

 

14.6 If either Party takes any action or institutes any proceeding to enforce the provisions of this Agreement, the prevailing Party is entitled to its reasonable attorneys’ fees, costs and expenses incurred in such action.

 

BY ISSUING OR OTHERWISE AUTHORIZING THE ORDER, CUSTOMER ACKNOWLEDGES AND AGREES THAT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITING SIGNED BY CUSTOMER AND MESA, THE SALE/PURCHASE OF SDC PRODUCTS AND SERVICES IS MADE UNDER AND IS GOVERNED BY THESE TERMS AND THE AGREEMENT.

TERMS AND CONDITIONS FOR SALE OF PRODUCTS & SERVICES

  1. DEFINITIONS

1.1. In these Terms and Conditions:

Agreement” means collectively these Terms, all POs, and any schedules and addenda entered into and executed by the Parties.

Customer” means the person or company purchasing Products and/or Services from Mesa;

Delivery” means Mesa making the Products available to the designated carrier as

provided in Section 4.1 of these Terms;

Mesa” means [Mesa Canada Inc. /Mesa Laboratories, Inc.];

Party” means Mesa or the Customer individually, and “Parties” means both of them

collectively; and

PO” means a written purchase order for Products and/or Services which is issued by the Customer and accepted by Mesa in writing, including by email confirmation.

Products” means any one of the following products that are identified in and purchased through Customer’s PO:

  • Cold Chain Packaging supplies (components, materials, etc.);
  • Calibration or Validation or Process Validation Equipment and NIST Traceable Solutions for Lab, process or in-field use;
  • Medical Devices;
  • Process and Product Continuous Monitoring Equipment.

Services” means installation, calibration and testing services, extended warranty services, technical support, monitoring, SaaS subscription, and any other services, in each case as specifically identified in and purchased through Customer’s PO.

Terms” means the Terms and Conditions set out herein;

  1. CONTENT OF TERMS

2.1. Unless otherwise agreed in a writing executed by the Parties, every purchase of Products and Services from Mesa by the Customer shall be governed by these Terms.

2.2. No modification, change or amendment to these Terms shall have effect unless expressly agreed to in a separate writing executed by the Parties, specifically referencing these Terms.

2.3. If there is any conflict between these Terms and any terms or conditions contained in any Quote (as defined below), PO, addendum, communication, or other document, these Terms shall prevail.

  1. BASIS OF SALE; PRICES; PAYMENT

3.1. Purchase and sale of Products and/or Services shall be made only pursuant to a PO. No PO will be deemed accepted by Mesa unless and until the Products are shipped by Mesa to the Customer, or Services are commenced.

3.2. The prices of the Products and Services shall be as set forth on a written quotation from Mesa (“Quote”). The Quote will state an expiration or “valid until” date. If the Customer issues a PO without a Quote and Mesa accepts the PO, then the price of the Products and Services shall be as set forth on Mesa’s standard price list, as of the date the PO is received by Mesa.

3.3. Notwithstanding anything contained herein to the contrary, Mesa is not obligated to accept any order or PO from the Customer.

3.4. Customer shall be responsible for all taxes, duties, fees or other charges of any nature (including, but not limited to consumption, import, property, sales and value added taxes).  All such amounts are in addition to prices for Products and Services.

3.5. Customer shall pay all invoiced amounts for the Products and/or Services in [Canadian][US] Dollars, without set-off or deduction, within thirty (30) days from the invoice date. The time for payment shall be of the essence. Mesa reserves the right at Mesa’s discretion to withdraw or refuse any credit facilities and require payment in advance for orders placed by the Customer.

3.6. If the Customer fails to make any payment as and when due, in addition to seeking any and all other legal and equitable rights and remedies available to Mesa, Mesa shall be entitled to:

3.6.1. suspend any further deliveries and performance of Services; and

3.6.2. charge the Customer interest on the amount unpaid at the rate of eighteen percent (18%) per annum until payment in full is made.

3.7. Shipping and handling charges may apply in an amount to be determined by Mesa in its discretion.

  1. PRODUCT DELIVERY; SERVICE PERFORMANCE

4.1. Mesa will ship all Products via EXW (ExWorks Incoterm 2010 definition) to the Customer’s address stated in an applicable PO. For the avoidance of doubt, Mesa will arrange for carriage of the Products from its place of business through a carrier designated by Customer. If Customer does not designate a carrier, then Mesa will designate one. Mesa fulfills is obligation under a PO upon Delivery of Products to the Customer.

4.2. Title and risk of loss of the Products shall pass to the Customer upon Delivery for shipped Products, or upon completion of Mesa’s services at Customer’s premises for Products delivered and installed by Mesa.

4.3. Delivery and Service performance and completion dates and times stated by Mesa are approximate, and such dates and times are deemed not of the essence.

 

  1. INSPECTION; ACCEPTANCE/REJECTION

5.1. Of Delivered Products:

5.1.1  It is the responsibility of the Customer to inspect the Products upon receipt. Customer shall notify Mesa, within five (5) business days of receipt, of any wrong Products delivered, damage to the Products, or discrepancy in the quantity of Products delivered. If Mesa timely receives such notice, it will in writing (which may be by email) authorize Customer to return the wrong, damaged, or excess Products to Mesa. If the Customer does not notify Mesa within such 5-day period, then the Products shall be deemed to be in accordance with the PO and accepted by the Customer.

5.1.2. Following receipt of Mesa’s return authorization, Customer shall ship the wrong, damaged or excess Products (as the case may be) to Mesa, contemporaneously with a copy of the notice referenced in Section 5.1 above, including of Product shortfalls, if any. Upon receipt of returned Products, Mesa shall, at its option, with reasonable promptness, either repair or replace any nonconforming or damaged Products.  In the event of quantity discrepancies, Mesa shall refund the price paid by the Customer, for any excess quantity of Products, deliver the shortfall number of Products, and/or adjust the corresponding invoice to reflect the correct number of Products shipped.  The foregoing are the Customer’s exclusive remedies and Mesa’s sole liability and obligation in the event of errors in shipments or damages to Products.

5.2. Of Installed Products and Services: The Customer shall notify Mesa in detail of any nonconformances in Mesa’s performance of installation and related Services, or any nonconformances in the Products delivered and installed by Mesa at the Customer’s premises, prior to Mesa leaving the Customer’s premises.  If the Customer signs and acknowledges Mesa’s completion of any work order for Mesa’s installation Services, the installed Products and the installation Services shall be deemed to be accepted by the Customer.

  1. PRODUCT RETURN/REFUND POLICY /CANCELLATION POLICY

6.1. Products may be returned to Mesa by no later than 30 days after Delivery.  Only Products in original and unused condition for which a Returned Goods Authorization has been issued by Mesa will be accepted. The returned Products must be returned in their original packaging, and received by Mesa within the return window, and must be accompanied by a written certification from Customer that they had not been used and are in salable condition. Return of defective Products are governed by Section 8 below.

6.2. Customer shall return the Products at its own cost and expense, with all freight being prepaid.

6.3. If Customer cancels a PO for Products later than 30 business days after the date of the PO, Customer shall pay a cancellation fee equal to 30% of the total PO value (not including shipping fees, taxes, etc.). The Customer will also be responsible for any costs incurred by Mesa in preparing to perform installation and related Services with respect to POs cancelled by Customer. All Products returned after Delivery under Section 6.1 above, shall be subject to a thirty percent (30%) re-stocking fee.  Company will issue an invoice to Customer for any cancellation or restocking fees.

6.4. Invoice charges shall include (i) applicable taxes unless a proper tax exempt certificate is provided to Company and (ii) shipping costs at applicable rates unless Customer provides Company with a Customer shipping account to be charged.

6.5. Any installation or related Service charges and costs on returned Products are not refundable.

  1. SOFTWARE LICENSE & RESTRICTIONS

7.1. If the Product purchased includes software, whether embedded firmware, delivered software for installation on the Customer’s systems, or SaaS subscription software (each separately, and together with all documentation related to them, collectively, “Software”), then:

7.1.1. Customer acknowledges that the Software is proprietary to Company and Customer will not use the Software on or in connection with products, equipment, systems, or software other than the Product(s) or those intended for use with the Software as expressly instructed by Mesa. Mesa retains all right, title, and interest in and to the copyrights, patent rights, trade secret rights, and all other proprietary rights in and embodied in the Software. Customer’s rights are only as expressly granted in Section 7.1.2 below. Mesa reserves all rights not expressly granted to Customer.

7.1.2. Company grants to Customer a fully paid up, non-transferable, non-exclusive license to delivered and embedded Software solely to the extent necessary to use, access and display the Software, and solely in connection with operation of the Product(s). The foregoing license commences on Delivery of the Product. The foregoing license may not be assigned or transferred by Customer, voluntarily or by operation of law (including without limitation, by transfer of ownership interests in Customer), to any party without Company’s express prior written permission. Customer shall not sublicense, prepare derivative works, modify, or otherwise interfere with the Software.

7.1.3. Customer agrees that it shall not (i) disclose the Software to any third party; (ii) duplicate, reproduce or copy all or any of the Software; (iii) reverse-engineer, disassemble, decompile, decipher, analyze, attempt to extract source code or proprietary information from, or translate the Software; (iv) alter or modify the Software in any way or prepare derivative works of the Software or any part or parts of the Software; (v) alter, remove or obstruct any copyright or proprietary notices from the Software, or fail to reproduce the same on any lawful copies of the Software; (vi) directly or indirectly distribute, resell, rent, lease, subcontract, operate or otherwise grant access to, or use the Software for the benefit of any third party (whether or not in a timesharing or service bureau environment); or (vii) attempt to circumvent security and access limits and protections on any Software.

7.2 If Customer orders a SaaS subscription Service, upon Customer’s payment of all applicable subscription fees and charges, Mesa grants to Customer a limited, nonexclusive, nontransferable right to access and use the SaaS Products identified on PO.  The SaaS Product may be used solely in connection with operation of the Products installed at a Customer Site. The restrictions, prohibitions and limitations governing Customer’s conduct with respect to Software shall equally apply to the SaaS.  The following additional restrictions shall apply to Customer’s rights to access and use the SaaS:

7.2.1 Only authorized employees of Customer with a need to access and use the SaaS may exercise Customer’s subscription rights.

7.2.2 Customer may not (i) directly or indirectly distribute, resell, rent, lease, subcontract, operate or otherwise grant access to, or use the SaaS or M-System for the benefit of any third party (whether or not in a timesharing or service bureau environment); or (vii) attempt to interfere with, circumvent security or access restrictions, or disrupt the SaaS; or (viii) disclose any passwords or other security or authentication device with respect to the SaaS to any person other than the person to whom it was issued. Customer is solely responsible for all activity and use of the SaaS that occurs under Customer’s account or password.  Customer agrees to ensure compliance with these Terms and any SaaS addendum by its employees and shall at all times remain primarily responsible for any acts or omissions by them.

  1. LIMITED WARRANTY

8.1. Mesa warrants to Customer that it will provide Services in a professional and workmanlike manner, consistent with industry standards.  Mesa warrants to Customer that the Products (excluding any batteries, which are not warranted by Company) will be free from defects in material and workmanship, under normal use, for a period commencing on Delivery and expiring as follows depending on the Product:

      1. Cold Chain Packaging supplies – 90 Days
      2. Process and Product Continuous Monitoring Equipment – 1 year
      3. Calibration or Validation or Process Validation Equipment and NIST Traceable Solutions for Lab, process, or in-field use:
        1. New Hardware:
            1. Drycal – 1 year
            2. BGI – 1 year
            3. Torque – 1 year
            4. DataTrace – 1 year
        2. Calibration or Validation of 3.1.1 through 3.1.4 above – 90 Days
        3. NIST Traceable Solutions – shelf life as noted on product label
        4. All other hardware and accessories – 90 days
        5. Factory Services – 90 days
      1. Medical Devices:
        1. Phoenix XL meters – 1 year
        2. Phoenix XL measurement modules – 90 days
        3. 90XL meters and modules – 1 year
        4. IBP meters and accessories – 2 years
        5. All other hardware and accessories – 1 year
        6. Factory Services – 90 days

8.2. To claim warranty services, Customer shall promptly notify Mesa in writing prior to the expiration of the applicable warranty period, and upon receipt of Mesa’s written return authorization, shall ship the defective Products to Mesa together with a copy of such warranty claim notice. Mesa shall, at its option, either (i) repair or replace the defective Product, or (ii) refund of the purchase price paid by Customer for the defective Product. Any repair or replacement by Mesa shall not extend or renew the warranty period.

8.3. Customer acknowledges that the Products which are purchased (i) are of a design, size, quality, capacity, type and quantity designated and selected by the Customer, and (ii) are as required and suitable for Customer’s purposes.

8.4. The warranty in Section 8.1 is not applicable to, and is void and of no force and effect with respect to defects or damage resulting from (i) Customer’s use of the Products other than in their normal and customary manner; (ii) misuse, abuse, accident or neglect of or to the Products; (iii) normal wear and tear; (iv) modification or alteration of the Products; (v) parts, accessories, attachments, software or other devices not furnished Company; (v) any Force Majeure event; (vi) failure of, fluctuation in, or interruption of commercial power, infrastructure, network, connectivity, servers or other hardware, and software not furnished by Mesa; (vii) battery failure, and (iii) any acts or omissions by anyone other than Mesa.

8.5. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES HEREIN PROVIDED ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGE RESULTING FROM MESA’S BREACH OF THIS WARRANTY.

      1. LIMITATION OF LIABILITY; INDEMNIFICATION

9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL MESA BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, BUSINESS, INCOME, REVENUE AND PROFITS, REPUTATION, ANTICIPATED SAVINGS, OPPORTUNITY, GOODWILL, OR DATA), LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES OR OTHER LOSSES OF ANY KIND OR CHARACTER. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IRRESPECTIVE OF WHETHER MESA HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ARISING OUT OF THE USE OF THE PRODUCTS.

9.2. If the Product purchased by Customer is Process or Product Continuous Monitoring Equipment:

9.2.1. Company shall furthermore not be liable for any loss or damage to, loss in value of, or loss of revenue or anticipated profits from any of Customer’s products or materials (or the products or materials of any third party) stored in the facilities monitored by the Customer System, under any theory of law, even if such loss or damage is caused by failure of or defect in any Product purchased hereunder, and whether such failure or defect arises out of Company’s design, manufacture, installation or service of any Product; and

9.2.2. Company shall furthermore not be liable for the loss of use of the SaaS, provision of substitute SaaS services, the loss of, damage to, compromise or corruption of, or recreating Customer’s (or third party’s) data under any theory of law.  Customer’s exclusive remedy, and Company’s sole responsibility with respect to SaaS failures is as expressly set forth in a Services Addendum A if Customer purchases a SaaS subscription.

9.3. Notwithstanding Section 9.1 and 9.2 above, and except for damages caused by Mesa’s gross negligence or willful misconduct or those liabilities arising under Section 9.4, in no event will Mesa’s aggregate liability to Customer or any third-party in any matter arising from, relating to or in connection with these Terms, and any other terms and conditions between the Parties relating to the Products or Services  exceed the amount actually paid to Mesa by Customer for the Product or Service giving rise to Customer’s claim during the (6) months prior to the occurrence of the event giving rise to such liability.

9.4. Customer shall indemnify and hold Mesa harmless from and against any and all loss, cost, damage and expense, including reasonable attorneys’ fees (“Loss”) suffered or incurred by Mesa in connection with any claim, demand, action, suit or proceeding instituted by a third party, to the extent that such Loss arises out of (i) Customer’s use of the Products or Services other than their normal and customary use, (ii) misuse, misapplication, abuse, accident or neglect of or to the Products or Services, (iii) normal wear and tear of the Products, (iv) Customer’s breach of the Agreement, or (v) modification or alteration of the Products or Services.

9.5 Mesa shall indemnify and hold Customer harmless from and against any and all Loss suffered or incurred by Customer in connection with any claim, demand, action, suit or proceeding instituted by any third party against Customer to the extent that such Loss arises out of breach of a third party intellectual property right by a Product or Service provided to Customer under these Terms.

      1. NOTICES

Any notice required to be given or served, shall be in writing. Notices shall be served on the Customer at the address stated on the PO. Notices shall be served on Mesa at 12100 W Sixth Ave., Lakewood, CO, 80228 or customerservice@mesalabs.com.

      1. FORCE MAJEURE

11.1. Mesa shall not be liable for failure to fulfill its obligations hereunder, or for delays in Delivery, due to causes beyond Mesa’s control, including without limitation, Acts of God, natural or artificial disasters, riot, war, delay by carrier, material shortages, armed conflict, acts or threats of terrorism, epidemics, strikes or other labor disturbance, or acts or omission of any governmental authority or of the Customer.

11.2. Upon occurrence of any event described in Section 11.1, above, Mesa’s time for performance shall be extended, without any liability or penalty, for a period equal to the time lost as a consequence of such event.

      1. EXPORT CLAUSE

The Products, embedded technology, Software, and associated documentation (collectively, “Goods”) obtained from Mesa are subject to the United States Export Control laws and regulations, and may be subject to export or import regulations of other countries. Customer agrees to comply strictly with all such laws and regulations and acknowledges that it has the responsibility to obtain any and all applicable licenses and permits which may be required in order to sell, license, export, re-export, import or otherwise deal with the Goods. Diversion of the Goods contrary to any such law is strictly prohibited.

      1. GENERAL

13.1. No waiver by Mesa of any breach by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision

13.2. If any of these Terms is held invalid or unenforceable in whole or in part the validity of the remaining Terms and the remainder of the provision in question shall not be affected.

13.3. These Terms shall be governed by the laws of [Ontario][Colorado] and the Customer agrees to submit to the exclusive personal and subject matter jurisdiction of the federal, state or provincial courts located in [Toronto, Ontario][Denver, Colorado]

13.4. Nothing in these Terms shall confer on any third party any benefit or the right to enforce any term hereof.

13.5. These Terms be govern all POs and future contracts between Customer and Mesa concerning the sale or provision of Products and Services, whether or not such POs or contracts reference these Terms.

13.6 If either Party takes any action or institutes any proceeding to enforce the provisions of this Agreement, the prevailing Party is entitled to its reasonable attorneys’ fees, costs and expenses incurred in such action.

BY ISSUING THE PO, CUSTOMER ACKNOWLEDGES AND AGREES THAT, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITING SIGNED BY CUSTOMER AND MESA, THE SALE/PURCHASE OF PRODUCTS AND SERVICES IS MADE UNDER AND IS GOVERNED BY THESE TERMS AND THE AGREEMENT.

Mesa Labs Privacy Notice

Last Modified: 09/29/2019

Mesa Laboratories, Inc. (“Mesa Labs” or “We”) respect your privacy. We have developed this Privacy Notice to describe our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you or that you may provide when visiting our websites (mesalabs.com, sterilizermonitoring.mesalabs.com, info.blogs@mesalabs.com or other digital properties, communications, or forms that link or refer to this Notice (collectively, our “Website”).

Please read this Notice carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Website, you accept and consent to the practices described in this Notice. This Notice may change from time to time (see Changes to our Privacy Notice section below). Your continued engagement with our Website after any such revisions indicates you accept and consent to them, so please check the Notice periodically for updates.

WHO WE ARE

Mesa Laboratories, Inc.
12100 West 6th Ave.
Lakewood, CO 80228
privacy@mesalabs.com

DATA WE MAY COLLECT ABOUT YOU

We collect and use different types of data from and about you including:

  • Personal data that we could reasonably use to directly or indirectly identify you, such as your name, email address, and telephone number, or that you provide to us through our Website (“personal data”).
  • Non-personal data that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as statistical or aggregated information.
  • Technical information, including the Internet protocol (IP) address used to connect your device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform.
  • Non-personal details about your Website interactions, including full Uniform Resource Locators (URLs), clickstream data for navigation to, through, and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), or methods used to browse away from the page.
  • If we combine or connect non-personal or technical data with personal data so that they directly or indirectly identify an individual, we treat the combined information as personal data.

HOW WE COLLECT DATA ABOUT YOU

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give use information about you by filling in forms or corresponding with us by phone, email, or otherwise.
  • Automated technologies or interactions. As you interact with our Website, we automatically collect technical data about your equipment and browsing activity as specified above. We collect this information by using cookies and other similar technologies (see Cookies and Automatic Data Collection Technologies section below).
  • Third parties or publicly available sources. We may receive information about you from third parties including, for example, business partners, sub-contractors in technical, payment, and delivery services, advertising networks, analytics providers, or search information providers.

COOKIES AND AUTOMATIC DATA COLLECTION TECHNOLOGIES

Our Website uses cookies (small text files placed on your device) or other automatic data collection technologies to distinguish you from other Website users. This helps us deliver a better and more personalized service when you browse our Website. Cookies are typically assigned to one of the following categories, depending on their function and intended purpose:

  • Essential cookies enable you to navigate our Website and to use its services and features. Without these cookies, our Website will not perform as smoothly for you as we would like, and we may not be able to provide certain core functions and features.
  • Analytics cookies collect information about the use of our website and enable us to improve the way it works. For example, analytics cookies show us the most frequently visited pages and analyze site traffic. We use them to look at overall patterns of usage on the site, rather than the usage of any particular individual.
  • We use third-party service providers, including Google Analytics, to analyze the use of our website. You can opt-out of the use of web analysis at any time by downloading and installing a Browser Plugin offered by Google or by configuring your browser to delete and reject cookies.
  • Customer interaction cookies allow us to communicate with you.
  • Marketing cookies track browsing habits and are used to deliver targeted (interest-based) advertising. You can opt out of receiving interest-based ads for web properties here (Digital Advertising Alliance’s WebChoices) or here (Network Advertising Initiative Opt Out Page).

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the site, but some features may not function. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.

HOW WE USE YOUR PERSONAL DATA

We use your personal data to provide you with products, offer you services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

  • Present our Website and provide you with the information, products, services, and support that you request from us.
  • Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections or to comply with legal requirements.
  • Fulfill the purposes for which you provided the data or that were described when the data were collected.
  • Notify you about changes to our Website, products, or services.
  • Administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical and survey purposes.
  • Improve our Website, products or services, marketing, or customer relationships and experiences.
  • Measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.

DISCLOSURE OF YOUR PERSONAL DATA

We may share your personal data as follows:

  • With our service providers, agents, or business partners so that they may perform services for us, including running our Website and specific features on the site, monitoring and analyzing web traffic, managing customer information databases, sending communications for us, executing marketing programs and delivering ads, processing payments and calculating sales tax or other required tax, processing and shipping product orders, and delivering products and services.
  • With our affiliates for purposes of supporting our business operations, which may include legal and administrative support.
  • With other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our website policies; (2) if we believe that someone may be causing injury to our rights or property, other users, or anyone else; (3) to respond to judicial process or to provide information to law enforcement; or (4) as required by law.

In the event of a sale or restructuring of the business, such as a merger, acquisition, bankruptcy, or other sale of all or a portion of the company’s assets. In such an event, we will use reasonable efforts to ensure the transferee uses your information in a manner consistent with this Privacy Notice.

We may share non-personal data without restriction.

PERSONAL DATA TRANSFER

We are based in the United States. We may process, store, and transfer the personal data we collect or receive, in and to a country outside your own, with different privacy laws that may or may not be as comprehensive as your own. Where required, we rely on legally-approved mechanisms to lawfully transfer data across borders, including relying on an adequacy decision confirming that the recipient country offers an appropriate level of personal data protection or appropriate controls such as the Standard Contractual Clauses adopted by the EU Commission.

DATA SECURITY

We recognize the importance of maintaining the security of your information. We have implemented technical and organizational security measures designed to protect your information from unauthorized access, disclosure, use, and modification. Please be aware though that no security measures are perfect or impenetrable.

LINKS TO THIRD PARTY WEBSITES

The Website may include links to third-party websites, plug-ins, social networks or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy notice of every website you visit.

CHILDREN’S ONLINE PRIVACY

We do not direct our Website to minors and we do not knowingly collect personal data from children under 13 or as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received personal data from a child under 13 without appropriate consent, we will delete such data from our active databases.

NOTICE TO EUROPEAN RESIDENTS – EU SPECIFIC TERMS

To comply with the requirements of the European General Data Protection Regulation (Regulation 2016/679 or “GDPR”) for our European users, this Privacy Notice outlines the legal basis on which we process your personal data and provides other information required by the GDPR. The terms and conditions contained in this section – Notice to European Residents – EU Specific Terms – applies only to the personal data of European Union residents we may process.

Legal Basis for Processing Your Information

We will only process your information where we have a legal basis to do so. The legal basis will depend on the reason(s) we collected and need to use your personal data. The different legal bases we rely on are:

  • Consent: Where you have told us you are happy for us to process your personal data for a specific purpose, such as when you request that we contact you with information about our products and services.
  • Legitimate interests: Where the processing is necessary for us to conduct our business, but not where your interests are overridden by your rights or interests. This may include processing to inform you of changes to our Website, products, or services; to provide you with information about other products or services we offer; to conduct internal operations such as billing, support, or troubleshooting; and to improve our Website, products, and services.
  • Contractual necessity: Where the processing is necessary based on your purchase of a product or service from our Website.
  • Legal claims: Where the processing of your personal data is necessary for the establishment, exercise, or defense of legal claims.
  • Legal obligation: Where we are required by law to process your personal data.

Data Retention

We will retain personal data for the period of time necessary to fulfill the purposes outlined in this Notice unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include: the length of time we have an ongoing relationship with you; whether there is a legal obligation to which we are subject; whether the retention is advisable considering our legal position (such as, for example, statutes of limitation, litigation, or regulatory investigations); and whether retention is consistent with our internal records retention and management policies.

Your rights

You have the right under certain circumstances:

  • To be provided with a copy of your personal data held by us:
  • To request the rectification or erasure of your personal data held by us;
  • To request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
  • To object to the further processing of your personal data, including the right to object to marketing;
  • To request that your provided personal data be moved to a third party.

Your right to withdraw consent

Where the processing of your personal data by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us at privacy@mesalabs.com. Such withdrawal will not affect the processing of your personal data prior to the withdrawal.

How to exercise your rights

You can exercise the rights listed above at any time by contacting us at privacy@mesalabs.com. The exercise of the above rights might be subject to certain conditions and we might require further information from you before we can respond to your request.

If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority.

CHANGES TO OUR PRIVACY NOTICE

​We will post any changes we make to our Privacy Notice on this page and indicate on the Website home page that we updated this Notice. If the changes materially alter how we use or treat your personal data we will notify you to the primary contact information we have on file and/or through a notice on the Website home page. Please check back frequently to see any updates or changes to our Privacy Notice.

​CONTACTING US

If you would like to contact us for any reason regarding our privacy practices, please write to us at: privacy@mesalabs.com.