Med Vest Technology Ultrasound Services - Terms & Conditions for Linear Accelerator Parts
Acceptance of Orders and Contrary Terms
These terms and conditions are put forth by Med Vest Technology Ultrasound Services ("Seller"). If any of these terms and conditions are not acceptable to the buyer, the seller must notified promptly. Any provision of the buyer's form that is inconsistent with these terms and conditions is hereby objected to by the seller.
Prices and Quotations
Except as hereinafter provided, prices quoted in writing are firm for orders placed within 60 days of the quotation date which call for shipment within 6 months of the quotation date. Prices for orders which do not call for shipment within 6 months of the quotation date shall be the prices in effect at the time of shipment, unless otherwise specifically negotiated at the time of order placement. All prices are F.O.B. Shipping Point, unless otherwise specified. All prices are in U.S. dollars.
Payment, Credit, and Setoff
Each shipment shall be a separate transaction and shall be made accordingly. Unless otherwise agreed in writing, payment for products shall be made in advance by credit card or electronic funds transfer. Credit terms may be extended at the sole discretion of Med Vest Technology Ultrasound Services based on purchase and credit history of the buyer. If, in the exclusive judgment of, the financial condition of the buyer at any time does not justify the commencement or continuance of shipment on the terms specified in advance, the seller may suspend shipment until such payment is made and may cancel the buyer's order if such payment is not received by the seller within 30 days after delivery in person, or by mailing of said demand by the seller. If shipments are delayed from the buyer, payments shall become due from the date the seller is prepared to make shipment. The seller may setoff any amount due from the buyer, whether or not under this agreement, against any amount that may become due to the buyer hereunder.
Taxes and Fees
The prices quoted are subject to any addition which may be necessary to cover any tax, charge, or duty now existing or hereafter imposed by federal, state, or municipal authorities upon goods or services herein described, or the production, sale, distribution, or delivery thereof, or upon any feature of this transaction. The buyer shall pay any collection fees and reasonable attorney's fees incurred by the seller in enforcing this agreement.
Delivery and Risk of Loss
Delivery of products shall be F.O.B. Shipping Point. Risk of loss and title shall pass to the buyer upon tender of the goods by seller to the carrier. Any claims for loss or damage after risk of loss has passed as herein provided shall be filed with the carrier. Seller shall retain a security interest in the goods until payment in full is received.
Exclusive Warranty
Med Vest Technology Ultrasound Services warrants all parts for a period of 120 days from the date of shipment, unless otherwise specified.
Exclusive Remedy and Limitation of Damages
Seller's total liability and the buyer's exclusive remedy under this contract is limited, at the seller's option, to repair or replacement of any part covered by the warranty, for which part shall be returned to the seller's shipping point, transportation charges prepaid, within 130 days from shipment of such part by the Seller and which Seller, at its sole discretion, determines to be defective. Seller shall at its own discretion either replace the defective item or issue credit to the buyer at the original selling price. The seller is not responsible for warranty replacement or credit due to the buyer's negligence. Seller shall have no liability to the buyer for consequential damages, such as lost profits, lost revenue, damages to other equipment, or liability for injury to a third party.
Returns
Except for returns of defective parts under warranty described above, parts shall only be accepted for return if they have not been used or installed. Parts must be returned in the original packaging with seals intact within 90 days of shipment. Returns must be approved in advance by Med Vest Technology Ultrasound Services and assigned a Return Authorization number (RA#) prior to shipment. Restocking fees shall apply per the Seller's Restocking Fee Policy (as detailed below) unless previously agreed in writing by an authorized representative of Med Vest Technology Ultrasound Services.
Returned Part Restocking Fee Guidelines
- Within 14 days of original invoice – 10% of original part price
- Between 15 - 30 days of original invoice – 20% of the original part price
- Between 30 - 60 days of original invoice – 30% of original part price
- Between 60 - 90 days of original invoice – 50% of original part price*
* Seller may approve returns greater than 90 days after shipment on an exception basis at their sole discretion
Miscellaneous
This agreement constitutes the final, complete, and exclusive agreement between Med Vest Technology Ultrasound Services and the buyer on this subject and supersedes any prior or contemporaneous agreements, whether oral or written thereon. No waiver, alteration, or modification of any of the provisions hereof shall be binding on the seller unless in writing and signed by duly authorized representative of the seller and buyer.
