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| TERMS & CONDITIONS |
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Agreement |
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These terms and provisions shall constitute the
entire agreement (collectively, the "Agreement") between the parties
hereto: it is understood and agreed that there are no agreements, promises, representations
or understanding other than those appearing herein; it is further agreed and
understood that it constitutes the complete contract between the parties. |
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| Currency |
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All prices are in USD. For any currencies, other than USD, the prices will be converted to the currency utilized at the average exchange rate for that currency. |
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| Cancellations |
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Because we process orders very quickly, orders placed
cannot be cancelled, without our consent in writing, nor can deferred
deliveries of goods made up or in process be extended beyond the original
delivery date specified, except with our consent and upon terms which will
indemnify us against all loss. |
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| Warranties |
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MedTech warrants that the goods sold are of merchantable
quality at the time they are delivered, and are manufactured in conformance
with the buyer's specifications, drawings or other description and that MedTech
conveys good and marketable title to them, subject to MedTech's security
interest. Except as expressly provided in this agreement, MedTech excludes all
express or implied warranties, conditions and obligations of MedTech, whether
statutory, oral or otherwise, concerning the quality of the goods or their
fitness for any use or purpose. MedTech specifically, but not by way of
limitation, does not warrant the accuracy or sufficiency of any advice or
recommendations given to the buyer in connection with the sale of goods.
MedTech assumes no risk nor will it be liable for any damages whatsoever
resulting from the application or as a result of the use of the merchandise
included herein. |
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| Limitation of Liability Regarding Defective Goods |
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MedTech Wristbands shall not under any circumstances be liable for any prospective profit or for any special, indirect, consequential, punitive or exemplary damages, such as, but not limited to injuries to persons, damage or loss of other property or equipment, loss of profit or revenue, cost of capital, cost of purchased or replacement goods, or claims for service interruption. MedTech, at its sole option, shall either (i) replace or repair any defective goods; (ii) refund the purchase price upon return of defective goods, or (iii) provide a credit equal to the value of any returned defective goods. This shall be the buyer’s exclusive remedy. The buyer shall not return any goods until MedTech has had reasonable opportunity to investigate the claim. |
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| Return of Goods |
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No goods may be returned to MedTech without written
authorization from MedTech. Acceptance of returns shall be at the complete
discretion of MedTech. Returned goods are subject to a minimum service charge
of 30% of the invoice price. Transportation charges are borne by the buyer on
all returned goods, unless MedTech agrees otherwise. Where written
authorization is provided by MedTech for the return of goods, the buyer shall
be entitled to a credit equal to the purchase price of goods returned. The
buyer shall under no circumstances be entitled to a cash refund of the purchase
price. Customer assumes sole responsibility for accuracy and use of artwork and
indemnifies MedTech in the event of any claims for copyright infringement by
signing/approving an artwork customer certifies that they are legally
authorized to use such logo, trade names, trademarks, etc. |
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| Delivery |
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Any dates quoted for delivery of the goods are approximate only and MedTech shall not be liable for any delay in delivery of the goods howsoever caused. |
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| Inspection |
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The buyer agrees to inspect thoroughly all
material furnished within 10 days from receipt of shipment, and test the
material by actual use within this period. Failure to make such inspection and
test shall be conclusive evidence of due fulfillment of the agreement on the
part of MedTech, and full acceptance of the product by the customer. |
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| Defective Material |
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If any
material furnished by MedTech proves defective or not as ordered, we must be
notified of such fact within 10 days from the receipt of shipment by the buyer.
No claims for defective material or products will be allowed unless such claims
are made within 10 days from the receipt of shipment by the buyer. In the event
of such notice within 10 days from the receipt of shipment, MedTech shall have
the option of inspecting the goods on the buyer’s premises or of taking back
the goods at the buyer’s expense to determine whether or not such goods are
defective. MedTech shall have the further option in the purchase price thereof.
Under no circumstances will we allow or be liable for damages or any claims for
expenses involved in using our product. Claims for shortage must be made within
10 days from receipt of goods and in every case the weight found in the
shipment must be given and also the methods used arriving at a count of the
parts. MedTech cannot ever guarantee exact color matches or precise quality. No
claims for rebates, discounts or the like will be entertained by MedTech in the
event of slight color and quality variances. We do our utmost to use
standardized pantone® colors-codes. For
large special orders over 1 million, we could use the buyer's specific pantone®
colors. The nature of the base material and printing process causes some
variances even within a production run. However, our colors and quality will
closely match samples as per sample package contents. By placing an order
with us the buyer is accepting these conditions of sale. If there is a dispute and
the buyer wants product replaced, the buyer agrees to pay MedTech 50% and shipping charges back to MedTech
, before we can re-do this order, or portion of it. |
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| Title, Risk of Loss and Security Interest |
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Risk of damage to or loss of the goods shall pass to
the buyer upon tender of goods for delivery at the f.o.p. point.
Notwithstanding delivery and the passing of risk in the goods, the property in
the goods shall not pass to the buyer until MedTech
has received payment in full. Until such time as the property in the goods
passes to the buyer. MedTech
shall be entitled at any time to require the buyer to deliver up the goods to MedTech or to enter on the
premises of the buyer or its agents where the goods are stored and repossess
the goods. |
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| Taxes |
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All taxes or charges of any nature whatsoever, now or hereafter levied,
by any Government of Local Subdivision, either directly or indirectly, upon any
products or sale thereof, described herein or upon the subject matter hereof,
shall be paid by the buyer, or added to the purchase price if paid by the
seller. |
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