Terms & Conditions

1.  Agreement

A Calibre Scientific Entity shall provide the products ("Goods" or "Products") and perform the services ("Services") described in an Order in accordance with the terms and conditions of this Agreement. Where Buyer is a Consumer, Schedule 1 (Consumer Purchases) shall apply. “Consumer” means an individual acting for purposes wholly or mainly outside that individual’s trade, business, craft or profession.

By submitting an Order (including a purchase order or an order placed via a Calibre Scientific Entity website or online ordering system), accepting shipment of Goods or permitting the commencement of the performance of Services, Buyer shall be bound by the provisions of this Agreement, whether Buyer acknowledges or otherwise signs this Agreement or the Invoice, unless Buyer expressly objects to such terms in writing prior to accepting the Goods or permitting the commencement of the performance of Services. For Orders placed via a Calibre Scientific Entity website or online ordering system, Buyer indicates acceptance of these Terms by clicking an “I agree” checkbox (or similar mechanism) at checkout.

This Agreement may not be added to, modified, superseded, or otherwise altered, except in writing signed by an authorized the Calibre Scientific Entity representative. No Calibre Scientific Entity shall be bound by any different or additional terms or conditions (a) contained in any Orders, pre-printed forms, online agreements, or in any other documents or communications issued by Buyer, or (b) arising from prior courses of dealing, usages of trade, or verbal agreements not reduced to writing and signed by the applicable Calibre Scientific Entity. Any such different or additional terms or conditions are hereby rejected and shall be deemed null and void, without the need for the Calibre Scientific Entity to expressly reject such terms. To the extent that an Invoice might be treated as an acceptance of Buyer’s Order, such acceptance is expressly made on condition of assent by Buyer to the terms and conditions of this Agreement, and Buyer's acceptance of the shipment of the Goods or commencement of the performance of Services shall constitute such assent. Any supplemental terms, such as label licenses or use restrictions included with the sale of Goods or Services hereunder, shall be in addition to, and if in conflict, shall take precedence over the conflicting terms of this Agreement.

2.  Changes

The Calibre Scientific Entities may at any time make changes in the specifications, designs, drawings, samples, qualities, prices, terms, conditions, requirements, or descriptions to which the Goods or Services are to conform. No Calibre Scientific Entity shall be bound by the descriptions or specifications of the Goods or Services, or any other information contained in, any advertisement, publication, booklets, or pamphlets of such Calibre Scientific Entity. Nothing in this clause shall excuse Buyer from proceeding without delay to perform the PO as changed.

3.  Cancellations

A PO constitutes a firm offer and may not be revoked or cancelled at any time without the written consent of the Calibre Scientific Entity. The Calibre Scientific Entity hereby reserves the right to reschedule any delivery or cancel any PO issued at any time and the Calibre Scientific Entity shall not be subject to any charges or other fees because of such cancellation.

4.  Shipment

All Goods shall be suitably packed in the Calibre Scientific Entity’s standard shipment packaging, marked, and shipped in accordance with the Calibre Scientific Entity’s applicable specifications (or if no specifications are provided, in accordance with reasonable commercial practices) using a carrier of the Calibre Scientific Entity’s choice unless specified prior to the written order and is paid by the customer. Goods may be shipped, depending on lead time and availability, in instalments. Each instalment shall be invoiced and considered a separate sale. Unless otherwise agreed, Buyer shall clear any imported Goods at the point of import and pay all relevant duties.

5.  Title transfer

The Calibre Scientific Entity and Buyer agree that title for the contract of Goods will pass to the Buyer when they have been shipped from the seller’s premises. Once the transfer of title has occurred, the Buyer takes full ownership of the purchased Goods. Risk of loss or damage to the Goods shall pass to Buyer upon shipment from the seller’s premises.

6.  Delivery

The Calibre Scientific Entity shall make a commercially reasonable attempt to deliver the Goods at the time stated in the order confirmation (when applicable) but such dates are estimates only and are not guaranteed. Such dates shall not constitute a term or condition of the Agreement between the Calibre Scientific Entity and Buyer. The Calibre Scientific Entity accepts no liability whatsoever to meet such dates and such failure shall not entitle Buyer to repudiate or cancel a PO without the written consent of the Calibre Scientific Entity. If the Calibre Scientific Entity delivers any Goods in quantities that are less than the quantities specified in the PO, Buyer shall notify the Calibre Scientific Entity of the discrepancy and the Calibre Scientific Entity shall deliver the confirmed missing allotment of Goods. If the Calibre Scientific Entity delivers any Goods in quantities in excess of the quantities specified in the PO, Buyer shall return the amount of the over shipment to the Calibre Scientific Entity or notify the Calibre Scientific Entity of intention to retain such over shipment. Buyer shall pay for those quantities of Goods actually accepted by Buyer.

7.  Inspection

Buyer shall immediately inspect all deliveries for damage upon receipt and if any damage is noticed, Buyer shall accept the shipment only after the driver has noted the damage on both carrier’s and Buyer’s copies of the delivery receipt. Buyer shall promptly inspect all shipments for concealed shipping damage, defects, or shortages, and notify the Calibre Scientific Entity of any such damage, defect, or shortage. Buyer’s failure to notify the Calibre Scientific Entity within seven (7) days of delivery (or Buyer’s non-receipt the Goods in the case of non-delivery), or such longer period as required by applicable law, of defects or shortages reasonably discoverable upon inspection will be a waiver of any right to make any claim relating to the defective or missing Goods, including, without limitation, under the warranty set forth herein.

8.  Prices and payment

All prices for the purchase of Products or Services from the Calibre Scientific Entity are in the currency stated on the Invoice and are exclusive of all taxes, excises, freight and insurance. Buyer shall be liable for such taxes, excises, freight and insurance and these will appear as a separate item on the Calibre Scientific Entity’s invoice. If no price is stated, the price shall be the Calibre Scientific Entity’s then current published price applicable in the country where the Buyer is located. Payment shall be made as set forth in the Quotation or invoice (and in no event more than thirty (30) days from date of Invoice). In the event of a reasonable dispute, the Calibre Scientific Entity may, in its sole discretion, stay enforcement of collections beyond thirty (30) days. The Calibre Scientific Entity may change the terms of credit provided in its sole discretion, or deny the extension of credit altogether.

Where a Calibre Scientific Entity makes credit/debit card (or other electronic) payment methods available, Buyer authorises the Calibre Scientific Entity (and its payment service providers) to charge the applicable payment method for the total amount payable for the Order (including applicable taxes and delivery charges). The Calibre Scientific Entities may carry out fraud and compliance checks and may reject, cancel or place an Order on hold where reasonably necessary (including where payment is not authorised or where it is reasonably suspected that there is fraud or compliance risk). Refunds (if any) will be made to the original payment method, unless the Calibre Scientific Entity agrees otherwise.

9.  Overdue accounts

If the Calibre Scientific Entity incurs legal and/or collection agent costs in relation to Buyer’s overdue account, then the Calibre Scientific Entity has the right to charge such costs to the Buyer’s account. In addition to these costs, the Calibre Scientific Entity may charge interest on overdue accounts at the rate of 1.5% per month or 18% per annum, or such lower amount as required by law, from the date at which the account becomes overdue.

10. Limited License

Subject to the Agreement, and to the terms and conditions of any license provided by the Calibre Scientific Entity that is specific to a particular product (which shall govern with respect to such product in the event of conflict with the terms herein), the Calibre Scientific Entity hereby grants to Buyer a non-exclusive, non-transferable, non-sublicensable license to use the Goods provided to Buyer by the Calibre Scientific Entity only in accordance with the written published manuals and instructions provided by the Calibre Scientific Entity. Buyer understands and agrees that except as expressly set forth in this Agreement (or in the Calibre Scientific Entity-provided license specific to a particular Good), no right or license to any patent or other intellectual property owned or licensable by the Calibre Scientific Entity is conveyed or implied by this Agreement. In particular, no right or license is conveyed or implied to use any Goods provided hereunder in combination with a product not provided, licensed or specifically recommended by the Calibre Scientific Entity for such use. This limited license only permits the Buyer to use the Goods in accordance with local laws and regulations in Buyer’s normal course of business.

11. Use restrictions

Buyer is not licensed to, and agrees not to: (a) resell, transfer, or distribute any the Calibre Scientific Entity-supplied Goods, directly or indirectly to any third party for any purpose or use, unless otherwise authorized by the Calibre Scientific Entity in writing. Buyer also agrees not to re-export Products from the country or region in which Products were originally purchased.

12. Warranty

The warranty provided hereunder is only applicable to the Buyer. No third-party claims will be honoured.

1. Instruments and other non-consumable Goods are typically warrantied against defects in materials and workmanship by the manufacturer of the instruments. If the Calibre Scientific Entity receives notice of defects the Calibre Scientific Entity shall, at its sole discretion, either exchange or replace such Goods which prove to be defective and not caused by the exclusions stated in "Warranty Exclusions" below.

2. Consumable (reagents, chemicals, biologics, etc.) Goods are warranted for the stated expiration date of such Goods.

3. Non-consumable spare parts purchased by Buyer will be handled by the return policy upon approval to be returned by the manufacturer of the products.

13. Warranty exclusions

Unless otherwise required by law, the warranties provided above do not include:

1. Damages caused by normal wear and tear, spillage, improper use, storage or handling, or neglect.

2. Damages caused by accident and disaster which will include, but not be limited to, fire, flood, water, wind, and electrical surge.

3. Goods which have been repaired, altered or modified in any way or parts which have been replaced by Buyer or any other person or persons (other than those employed by the Calibre Scientific Entity) without the prior written consent of the Calibre Scientific Entity.

4. Any Goods sold as refurbished, reconditioned or used.

5. Any Goods sold through an unauthorized reseller.

6. Any Goods used in a country or associated region different from the country or associated region in which the Goods were sold to Buyer.

7. Any Goods not used in accordance with the Calibre Scientific Entity’s published documentation.

8. Non-Calibre Scientific Entity products supplied; these carry the warranty of the supplier or manufacturer and the Calibre Scientific Entity makes no claims regarding support of those products but will make reasonable attempts to transfer the warranty to Buyer.

14. Additional Exclusions

Unless otherwise stated in a written agreement between the Calibre Scientific Entity and Buyer, under no circumstances will this Agreement include an extended warranty, any free Goods or Services provided to Buyer, any option for the future purchase of Goods or Services by Buyer, an automatic renewal of the Agreement, any performance guarantees, future performance obligations for providing Goods, Service or parts, any rebate, any performance discount, an interface or other allowance, or payment terms set forth in Section 8.

15. NO OTHER WARRANTIES

THE WARRANTIES IDENTIFIED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO EACH CALIBRE SCIENTIFIC ENTITY’S GOODS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING WITHOUT LIMITATION THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A SPECIFIC PURPOSE (WHETHER ARISING FROM STATUTE, OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING, OR USAGE OF TRADE). THIS WARRANTY IS NOT TRANSFERABLE FROM THE ORIGINAL PURCHASER TO A SUBSEQUENT OWNER. FURTHER, NO CALIBRE SCIENTIFIC ENTITY SHALL BE LIABLE IN CASES OF DELIBERATE, NEGLIGENT OR ACCIDENTAL MISUSE OF THE GOODS, USE WITH INAPPROPRIATE REAGENTS OR CONSUMABLES, DAMAGE CAUSED BY DISASTER, REPAIR OR MODIFICATIONS DONE BY ANYONE OTHER THAN THE CALIBRE SCIENTIFIC ENTITY. THE CALIBRE SCIENTIFIC ENTITIES DO NOT WARRANT THAT THE GOODS OR SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR IN THE OPERATION OF ANY PROCESS. EACH CALIBRE SCIENTIFIC ENTITY’S TOTAL LIABILITY FOR BREACH OF THESE WARRANTIES SHALL BE LIMITED TO THE GROSS PURCHASE PRICE OF THE RELEVANT PURCHASE ORDER UNDER WHICH THE ACTIVITY GIVING RISE TO LIABILITY ARISES. UNDER NO CIRCUMSTANCES SHALL SUPPLIER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF BUSINESS OR PROFITS) UNDER ANY THEORY OF LIABILITY HEREUNDER.

16. Compliance with laws

Buyer shall comply with all applicable laws and regulations (including without limitation the applicable laws, regulations, orders and policies of any jurisdiction in which Goods are provided or Services are performed), including, without limitation any laws and regulations related to anti-corruption, import/export, labour, employment, anti-discrimination, anti-harassment, anti-slavery, human trafficking, freedom of association, health and safety, environmental protection, hazardous substances, pollution, waste management, recycling and intellectual property. Buyer shall not take any action that would subject the Calibre Scientific Entity or any of its affiliated companies to any liability or penalty under any applicable law or regulation. Buyer shall not directly or indirectly, make any offer, promise, authorization or payment of anything of value for the purpose of securing discretionary action or inaction or a decision of a government official or any other person or any improper advantage in connection with the receipt of Goods or Services. Buyer shall not attempt to solicit any kickback or gratuity from the Calibre Scientific Entity employees.

Each party shall comply with applicable data protection and privacy laws. To the extent that the Calibre Scientific Entity processes personal data in connection with the performance of these Terms, such processing shall be carried out in accordance with the Calibre Scientific Entity’s Data Privacy Notice, as made available on its website from time to time.

17. Confidential information

All non-public, confidential or proprietary information of the Calibre Scientific Entities, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by a Calibre Scientific Entity to Buyer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by the Calibre Scientific Entity in writing. Upon the Calibre Scientific Entity’s request, Buyer shall promptly return all documents and other materials received from the Calibre Scientific Entity. The Calibre Scientific Entities shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by Buyer on a non-confidential basis from a third party, or (d) required to be disclosed in accordance with law, regulation, or legal process.

18. Intellectual property

All intellectual property rights relating to the Goods or Services, as between Buyer and the Calibre Scientific Entities, are solely and exclusively owned by the Calibre Scientific Entities or its licensors. Unless otherwise expressly provided, a Calibre Scientific Entity’s sale of Goods to Buyer only grants Buyer a limited, non-transferable, non-sublicensable right under such intellectual property, for Buyer to use the quantity of the products purchased from the Calibre Scientific Entity. No right to resell the Calibre Scientific Entity products or any of their components is conveyed expressly, by implication, or by estoppel. Nothing in this Agreement limits the Calibre Scientific Entity’s right to enforce its intellectual property rights.

1. Buyer shall immediately notify the Calibre Scientific Entity in writing of any intellectual property claim against Buyer in relation to the Goods. In the event that the Calibre Scientific Entity choses to defend the claim, Buyer shall (i) not admit any liability or take any action in connection with the claim, (ii) give the Calibre Scientific Entity sole control of the defence or settlement of any such claim, (iii) provide reasonable information and assistance in such defence. If the Calibre Scientific Entity concludes that the Goods infringe the intellectual property rights of a third party, the Calibre Scientific Entity may in its sole discretion (i) secure the right for Buyer to continue use of the Goods, (ii) replace the Goods with similar Goods, or (iii) require Buyer to return the Goods and provide Buyer with a refund of the purchase price, with a deduction in a reasonable amount for the Goods’ use, damage, and obsolescence.

2. The Calibre Scientific Entity shall have no responsibility under Section 18(1) to the extent the Goods (i) are supplied according to Buyer’s design or instructions, (ii) are modified by Buyer after delivery, (iii) are combined with other devices, methods, systems or processes not furnished by the Calibre Scientific Entity without its written consent, or (iv) are not used in conformity with the Calibre Scientific Entity’s written instructions.

19. Limitation of liability

To the maximum extent permitted by applicable law, neither party shall be liable for any indirect, incidental, consequential, special or punitive damages or loss of profits, revenue, data or business (in each case, whether direct or indirect), whether arising in contract, tort or otherwise, even if advised of the possibility of such damages.

The Calibre Scientific Entity’s total aggregate liability arising out of or in connection with these Terms shall not exceed the amounts paid or payable by Buyer for the Products giving rise to the claim.

Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability which cannot be excluded or limited under applicable law.

20. Governing law, jurisdiction and venue

This Agreement shall be governed by the laws of the state or province identified in the applicable purchase agreement. The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Buyer irrevocably submits and consents to the exclusive jurisdiction of the courts specified in the applicable purchase agreement as the exclusive forum for the determination of any action, proceeding or claim arising from or relating to this Agreement. Any legal action must be brought within one year after the claim or cause of action occurs, except where a longer period is required by applicable law.

21. Assignment

Buyer may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the Calibre Scientific Entity. Any assignment or transfer in violation of the foregoing shall be null and void.

22. Relationship of the parties

The relationship between Buyer and the Calibre Scientific Entity is that of buyer and seller, as independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Calibre Scientific Entity and Buyer, and neither Buyer nor the Calibre Scientific Entity shall have the authority to contract for or bind the other party in any manner whatsoever.

23. No third-party beneficiaries

This Agreement is for the sole benefit of Buyer and the Calibre Scientific Entity and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever hereunder.

24. Force majeure

The Calibre Scientific Entity shall not be liable for any delay or failure of performance, including without limitation the failure to deliver the Goods, where such delay or failure arises from any cause beyond the reasonable control of the Calibre Scientific Entity, including without limitation flood, unusually severe weather, earthquake or other act of nature, epidemic or pandemic, public health emergency, power loss, strike, boycott or other labour disputes, embargo, governmental action or regulation, or an inability or delay in obtaining materials. In the event of such delay or failure, the Calibre Scientific Entity shall be entitled to such additional time to perform its obligations as is reasonably necessary in the circumstances, subject to any mandatory rights or remedies required by applicable law.

25. Export control

The Goods are subject to applicable export control and economic sanctions laws and regulations of the United States, Canada, the European Union and any other relevant jurisdiction. Buyer may not, directly or indirectly, sell, export, re-export, transfer, divert or otherwise dispose of any Goods to any destination, entity or person prohibited under such laws or regulations. Any Calibre Scientific Entity may suspend, cancel or refuse to accept any Order (or delivery) where it is reasonably believed that doing so is necessary to comply with applicable export control or economic sanctions laws or internal compliance requirements.

26. Resale and anti-corruption compliance

If the Calibre Scientific Entity believes that Buyer is purchasing Goods other than for its own account without the Calibre Scientific Entity’s consent, the Calibre Scientific Entity reserves the right to cancel any PO and withhold delivery of any Goods. To the extent that the Calibre Scientific Entity does consent to Buyer’s resale of the Goods, Buyer certifies that it is familiar with and understands the requirements of anti-corruption laws and international anti-corruption standards, including but not limited to the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010, and all national anti-corruption laws enacted in any country in which it operates (collectively, the "Anti-Corruption Laws"). Buyer shall not violate or permit anyone acting on its behalf to violate the Anti-Corruption Laws. Specifically, Buyer has not made and will not make, promise to make, offer, or authorize, directly or indirectly, any payment, or provide or offer anything of value, directly or indirectly, to any public officials, political parties, party officials, candidates for public or political party office, public international organizations and their employees, agents and officials, or employees or officials of any purchasing entities (whether publicly owned or private) of the Calibre Scientific Entity’s products/services, in order to (1) improperly influence the acts of such public officials, political parties, party officials, candidates, public international organizations and their employees, agents and officials, or employees or officials of purchasing entities, (2) improperly induce them to use their influence with a government to obtain or retain business, or (3) gain an improper advantage, in connection with any business venture or contract.

27. Remedies; no waiver

The remedies herein shall be cumulative and in addition to any other or further remedies provided in law or equity. Buyer consents to injunctive and other equitable interim or permanent relief as may be requested by the Calibre Scientific Entity and awarded by a court. No waiver or breach of any provision of this Agreement shall constitute a waiver of any other provision or breach.

28. Notices

All legal notices, request, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of the Invoice. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

29. Severability

In the event that a court of competent jurisdiction finds any term or clause in this Agreement to be invalid, unenforceable, or illegal, the same will not have an impact on other terms or clauses in the Agreement or the entire Agreement. However, such a term or clause may be revised to the extent required according to the opinion of the court to render the Agreement enforceable or valid, and the rights and responsibilities of the parties shall be interpreted and enforced accordingly, so as to preserve their agreement and intent to the fullest possible extent.

30. Entire agreement

This Agreement sets forth the entire agreement between Buyer and the Calibre Scientific Entity with respect to the subject matter hereof and supersedes any and all prior and contemporaneous writings, communications, agreements and understandings relating to the same subject matter. The Calibre Scientific Entity may update these Terms from time to time. Any updated Terms will apply only to purchase orders accepted by the Calibre Scientific Entity after the effective date of the updated Terms (as shown in the version date), and will not apply retrospectively to any purchase order already accepted. The version date for these terms may be found at the footer of this page.

These Terms may be accepted electronically, including by email, online ordering systems or electronic signature, and such acceptance shall have the same legal effect as a handwritten signature.

31. Protecting your information

The Calibre Scientific Entities use appropriate technical and organisational measures designed to protect personal and payment information against unauthorised access, loss or misuse. Payment transactions are processed securely by third-party payment service providers in accordance with applicable security standards.

Schedule 1 – Consumer purchases

This Schedule applies only where Buyer is a Consumer. In the event of any conflict between this Schedule and the main body of these Terms, this Schedule shall prevail.

1.     Cancellation rights

If a Consumer purchases Goods via our website or other distance means, the Consumer has the right to cancel the contract within fourteen (14) days without giving any reason.

The cancellation period expires fourteen (14) days after the day the Consumer (or a third party identified by the Consumer) takes physical possession of the Goods.

To exercise the right to cancel, the Consumer must inform us of their decision by a clear statement (for example, by email or letter).

If the Consumer cancels within this period: (a) we will reimburse all payments received from the Consumer, including standard delivery costs (but excluding additional costs arising from the Consumer’s choice of a delivery method other than the least expensive standard delivery offered by us); (b) reimbursement will be made without undue delay and in any event no later than fourteen (14) days after we are informed of the Consumer’s decision to cancel; and (c) we may withhold reimbursement until we have received the Goods back or the Consumer has supplied evidence of having sent back the Goods, whichever is earlier.

The Consumer must return the Goods without undue delay and in any event no later than fourteen (14) days after informing us of the cancellation. The Consumer is responsible for the direct cost of returning the Goods unless otherwise stated.

2.     Statutory rights

Nothing in these Terms limits or excludes any statutory rights available to Consumers under applicable law.

Goods supplied to Consumers must comply with applicable statutory requirements, including being of satisfactory quality, fit for purpose and as described.

3.     Risk

For Consumers, risk in the Goods passes when the Goods come into the Consumer’s physical possession or the possession of a person identified by the Consumer.

Last updated: March 2026