TERMS & CONDITIONS OF SALE
1. General. This Agreement shall be governed by and interpreted in
accordance with the laws of the state of
Massachusetts. This constitutes
the entire agreement between Buyer and Supplier with respect to
the purchase
and sale of the products described on the face of
hereof and only representations or statements contained
herein
shall be binding upon Supplier as a warranty or otherwise. Acceptance
or acquiescence in the course
of performance rendered pursuant
hereto shall not be relevant to determine the meaning of this writing
even
though the accepting or acquiescing party has knowledge of
the nature of the performance and opportunity
for objection. No
addition to or modification of any of the terms and conditions
specified herein shall be binding
upon Supplier unless made in
writing and signed by a dully authorized representative of supplier.
The terms and
conditions specified shall prevail notwithstanding
any variance from the Terms & Conditions of any order or other
form submitted by buyer for the products set forth on this Agreement
“Product”. To the extent that this writing
may be treated as an
acceptance of buyer’s prior offer, such acceptance is expressly
made conditional an
assent by buyer to the terms hereof, and, without
limitation, acceptance of the goods by buyer shall constitute
such
assent. All cancellations and reschedules require minimum of thirty
(30) day’s notice.
2. Delivery and Risk of Loss. All deliveries
shall be F.O.B. Coast to Coast Medical, Inc. unless stated otherwise
in
the invoice. All demo, used and refurbished products are subject
to availability.
3. Terms of Payment. All sales are prepaid, unless
otherwise stated and agreed. Terms will be extended after
verification
of financial status and credit history. For sales within terms, payment
by the buyer is due thirty (30)
days from the shipping date appearing
on the Coast to Coast Medical, Inc. invoice. Any amount payable hereunder,
which remains unpaid after the due date shall be subject to a late
charge of 1.5% per month from the due date until
such amount is paid.
Payment may be made by check, irrevocable Letter of Credit or wire
transfers. Prices are in
U.S. dollars and are subject to change without
notice. Furthermore, purchaser is liable for all collection fees.
4. Warranty. Unless otherwise stated, all refurbished items are sold
with a ninety (90) day or one (1) year warranty
from the date of
shipment. During such period Coast to Coast Medical, Inc. will, at
no charge to the customer, either
repair or replace (at Coast to
Coast Medical, Inc. sole option) any part of the equipment found
by Coast to Coast
Medical, Inc. to be defective in material or workmanship.
Buyers must comply with all applicable FDA guidelines
regarding sale
and use of medical equipment in the United States. All refurbished
items are subject to prior sale.
Coast to Coast Medical, Inc. shall
not be liable for any defects, non-performance, or performance of
equipment
not within the manufacturer’s specifications or tolerances
that result from the buyer’s failure to use and maintain
the equipment
in accordance with the manufacturer’s recommendations, guidelines
or due to normal wear. All
freight/shipping charges for warranty
repair are at customer’s expense.
5. Coast to Coast Returns Policy.
Before any item is returned, a Coast to Coast representative must
issue an
RMA (return merchandise authorization) which needs to be
displayed on the outside of the box. Customer must
notify a Coast
to Coast representative of any damaged product within twenty four
hours of receiving the item.
No returns will be accepted without
an RMA. All returned/cancelled items are subject to a 25% restocking
fee.
Your approved RMA number is valid for 10 business days. Freight/shipping
charges associated with the returned
items are the responsibility
of the customer. Freight for returned items must be shipped prepaid.
No return for custom
orders.
7. Limitations of Liability. We will in no event
be liable for any direct, indirect, special, incidental or consequential
damages whatsoever, whether grounded in tort (including negligence),
strict liability or contract. It is agreed by
and between the parties
that all disputes and matters whatsoever arising under, in correction
with or incident to
this contract shall be litigated, if at all,
in and before a court located in the state of Massachusetts, to the
exclusion
of the courts of any other state or country.
8. Title to Products.
Title to and right of possession of the products sold hereunder shall
remain with Supplier until all
payments provided hereunder shall
have been made in full, and buyer agrees to do all acts necessary
to perfect and
maintain such right and title in supplier. Failure
of the buyer to pay the purchase price for any product when due shall
give the supplier the right, without liability, to repossess such
product, with or without notice, and to avail itself of any
remedy
provided by law.
9. Attorney’s Fees and Costs. Purchaser will pay
all costs and expenses relating to enforcement or preservation of
Coast to Coast Medical Inc. rights under this agreement, including
reasonable attorney’s fees. Should the court find
that any term within
the contract are rendered void or voidable and or are deemed to be
illegal, those terms will be
severed and the remaining portion will
remain.
10. Taxes. No taxes of any kind are included. All
prices herein and/or contracts shall be subject to increase without
notice by the amount of present or future sales or excise tax levied
or charged, either by Federal, State or any other
ssessing agency.
11. Changes. Changes made after fabrication has
begun shall be submitted in writing and signed by buyer.. Buyer
agrees
to pay the cost of any changes. The specifications and prices are
subject to change without notice.
12. Installation. No installation
or job supervision charges are included.
13. Refurbished Items. All
sales are final on refurbished items. |