Terms & Conditions
BUYER’S PURCHASE ORDER IS SUBJECT TO THE FOLLOWING CONDITIONS OF SALE:
Prices and transportation
Seller’s published prices, terms of payment, including discounts, and transportation terms in effect at date of shipment of goods, shall apply. Prices are subject to change without notice. All pricing is in U.S. dollars.
Liability for all taxes, licenses, or other fees imposed upon the production, sale, shipment, or use of the Seller’s products or services covered by buyer. If Buyer is a health care facility and a sales tax should be paid this catalog and resulting in quotations shall be assumed and paid for, it is Buyer’s responsibility to file a Use Tax Return in your state.
Delivery will be made F.O.B. Seller’s shipping point or Vendor’s plant, all risk of loss shall pass to Buyer upon delivery to carrier, and Buyer shall be responsible for obtaining insurance if desired. Seller will ship by carrier selected by Seller unless specified by Buyer in its order.
Unless otherwise specified, invoices shall be due and payable with thirty (30) days of the invoice date.Payments shall be in U.S. dollars. A 2 % per month finance charge will be added to any invoice not paid within terms. A $40.00 bank charge will be added to any returned checks.
Credit card payments will be assessed a 5% surcharge and will be processed at the time of order. Payments of aged account balances with credit cards will be assessed a 5% surcharge + 1.5% per 30 days.
Cancellations and Returns
Order may not be cancelled without the prior written consent of the Seller. Products may not be returned without the prior written consent of the Seller. Transportation charges for returned products will be paid by the Buyer. Cancellation and restocking charges will be assessed to the Buyer where applicable.
No rights or obligations arising under any contract between the Seller and Buyer may be assigned or transferred by Buyer without the prior written consent of the Seller.
Patent or Trademark Infringement
If the goods sold hereunder are to be prepared or manufactured, in whole or in part, according to Buyer’s specifications, Buyer shall indemnify and hold Seller harmless from and against any and all claims or liabilities with respect to or arising out of actual or alleged patent or trademark infringement on account of such preparation or manufacture and shall, at the option of Seller assume the defense thereof.
Warranty and Remedy
Effective for shipments made 4/1/2015 and after, the Seller warrants the products described herein to be free from defects in material and workmanship for sixty (60) months from date of shipment with the exception of any components which are recommended to be replaced in less than sixty months in our Installation/Operation manuals. Within said period Tri-Tech Medical Inc. will repair or replace any part or component which is proven to be defective in either material or workmanship. Effective for shipments made 9/1/2015 & after, the seller warrants labor necessary to replace defective component (s) in accordance with seller re-imbursement program. This warranty is valid only when the product has been properly installed according to Tri-Tech Medical Inc. specifications, used in a normal manner and serviced according to factory recommendations. This warranty does not cover failures due to damage which occurs in shipment or failures which result from accidents, misuse, abuse, neglect, mishandling, alteration, misapplication or damage due to acts of nature. Seller makes no warranty with respect to products
manufactured by others and furnished hereunder; provided however, Seller shall extend to Buyer any warranties which it receives from such vendors.
NO OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF SUCH PRODUCTS.
In the event of breach of any warranty hereunder, Seller’s sole and exclusive liability shall be at its option either to repair or to replace F.O.B. point of shipment, any defective product, or to accept return, transportation prepaid, of such product and refund the purchase price; in either case provided that written notice of such defect is given to Seller within twelve (12) months from date of shipment to Buyer, that the product is found by Seller to have been defective at the time of such shipment, that the product has been installed and/or operated in accordance with Seller’s instructions, that no repairs, alterations or replacements
have been made by others without Seller’s written approval, and that Buyer notifies Seller in writing within fifteen (15) days after the defect becomes apparent and promptly furnishes full particulars in connection therewith; and provided further that in no
event shall the aggregate liability of Seller in connection with breach of any warranty or warranties exceed the purchase price paid for the product purchased hereunder. Seller may, at its option, require the return of any product, transportation and duties
prepaid, to establish any claim of defect made by Buyer. Unless otherwise agreed in writing (a) Seller will not accept and shall have no responsibility for products returned without its prior written consent, and (b) Seller will not assume any expense or liability for repairs to products made outside of its plant by third parties. In the event Seller elects to replace a defective
product, costs of installation, labor, service, and all other costs to replace the product shall be the responsibility of Buyer.
Seller shall not, except as set forth above, be otherwise liable to Buyer or to any person who shall purchase from Buyer, or use, any products supplied hereunder for damages of any kind, including, but not limited to, indirect, special or consequential damages or loss of production of loss of profits resulting from any cause whatsoever, including, but not limited to, any delay,
act, error or omission of Seller.
Minimum billing $100.00