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Standard Conditions of Sale
CHARGE CARD ORDERS:
To protect against
possible fraudulent transactions cards will be charged at the time of
order. A 3% processing fee ($5.00 minimum) will be assessed on any refund
as well as cancellations prior to shipment.
CREDIT TERMS:
An order with a delivery
address outside the United States is payable in advance. A credit payment
is due as indicated by the Invoice Date and Payment Term description. If
payment for a partial shipment is not permissible a written statement to
that effect must be provided to Vulvodynia.com at the time of order. Payments become
due as shipments are made, without regard to other deliveries.
TAXES AND DUTIES:
Buyer is responsible
for any and all excise, import, export or other taxes applicable to the
purchase. In lieu thereof, the Buyer must provide the Seller a Tax
Exemption Certificate acceptable to the appropriate tax authority.
FREIGHT:
Unless otherwise agreed upon
by Seller, delivery shall be FOB Manufacturer's facility.
Transportation, handling, and insurance expenses, risk of loss or damage
to products in transit and claims against the freight carrier are the
Buyer's responsibility. Notify Volvudynia.com immediately of any damage.
LATE PAYMENT AND COLLECTION FEES:
Providing Vulvodynia.com is not at fault a Late (Extended-Payment) Fee,
as described on the front of the invoice, will become due for
payment-in-full not received within 15 days of the net term agreed upon
(i.e. on day 46 for a net 30 day term). Vulvodynia.com may suspend further credit,
deliveries, work in progress and / or technical support until an overdue
situation is resolved. In such an event prepayment, to include late and /
or collection fees, may be required.
RETURNED GOODS:
Products returned
require an RMA Number which can be obtained by contacting
Vulvodynia.com.
Products must be returned in as-shipped condition within 30 days of
delivery. A credit or refund will be given, except for disposable supplies
that have expired or been opened, custom or prescription orders, software,
books and tapes. Shipping/handling is not refundable. Customer assumes all
responsibility for return.
RESTOCKING CHARGE
15% (minimum $
5.00) on items returned with all components, packaging materials and
manuals originally provided in as shipped condition. Custom products,
items requiring a prescription, expired or opened disposable supplies,
software or videos are not returnable. Shipping and handling expenses are
not refundable.
OPERATING MANUALS:
One set of standard
operating instructions, as provided by the original manufacturer, is
included for each new item purchased. Additional copies are
optional cost products that must be specifically ordered .
TECHNICAL DOCUMENTATION:
Schematics,
Parts Lists, Alignment Instructions, and other service data are not always
available from the manufacturer. If available, such items are optional
cost products that must be specifically ordered .
ON-SITE INSTALLATION &
TRAINING:
On-site installation, maintenance, and product
operation training are optional cost services that must be
specifically ordered .
COMPUTER SOFTWARE:
All computer
programs distributed or assembled by Vulvodynia.com, are on
an "AS IS" basis without explicit or implied warranty.
TITLE:
Vulvodynia.com retains a security interest in merchandise until it has been paid
for in full. Clear title and full warranty benefits shall vest in
Buyer only with payment-in-full to include any collection and/or
Late-Payment fees.
WARRANTY:
The Seller warrants new
product(s) furnished hereunder will, at the time of delivery, be free
from defects in material and workmanship and will conform to the
manufacturer's applicable specifications at the time of sale. At the
Seller's option, the Seller's obligation or liability hereunder shall
be limited to repairing, replacing or refunding the purchase price
providing the product is returned FOB to the Seller's facility within the
warranty period and in otherwise good condition. At no time will the
Seller's obligation under the existing manufacturer's warranty be more
than that of the manufacturer. Warranties shall be voided on product(s)
that have been exposed to operating and/or environmental conditions in
excess of the maximum value established in the applicable specifications
for the product, or otherwise have been the subject of mishandling,
misuse, neglect, improper testing, repair, alteration or damage.
Warranties extend to original Buyer only and are not transferable unless
otherwise agreed upon in writing. Please be aware that many products'
warranties do not provide coverage outside the United States or Canada.Vulvodynia.com makes no representation regarding warranty coverage, compatibility, or
serviceability for products delivered or used outside the United States or
Canada.
PROPRIETARY RIGHTS:
Any proprietary
designs, drawings, specifications, parts lists, manufacturing
and repair information, supplied or disclosed to Buyer shall be
disclosed in confidence solely to enable Buyer's designated qualified
repair facility to perform needed product repairs or service. All rights
to such information remain with the original manufacturer. Repair
attempted or performed during the manufacturer's warranty period by other
than the manufacturer or it's authorized representative, voids said
warranty. LIABILITY FOR ANY REPAIR, ALTERATION, OR MAINTENANCE PERFORMED,
WITH OR WITHOUT THE USE OF TECHNICAL DATA PROVIDED, IS SOLELY THE
RESPONSIBILITY OF THE BUYER.
INDEMNITY:
BMI shall have no
obligation to indemnify the Buyer for any costs, damages, or expenses
arising out of or related to this purchase, its performance or any
articles sold or work performed hereunder.
LIMITATION OF LIABILITY:
VULVODYNIA.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO BUYER OR
ANY OTHER PERSON OR ENTITY WITH RESPECT TO LIABILITY, LOSS OR DAMAGE
CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY A PRODUCT SOLD BY
VULVODYNIA.COM. INCLUDING BUT NOT LIMITED TO ANY
INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY
PROFITS OR CONSEQUENTIAL DAMAGE RESULTING FROM THE USE OR OPERATION OF
SUCH PRODUCTS. IN NO EVENT SHALL VULVODYNIA.COM BE LIABLE
FOR LOSS OR PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL.
APPLICABLE LAW:
Matters related to
purchase or performance shall be construed, interpreted, applied, and
governed in all respects by laws of the State of Michigan,
U.S.A.
Vulvodynia.com. 212 563-7045 |
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