Terms and Conditions
Terms and Conditions: Online Shopper hereafter called "Buyer" moviMED hereafter called "Seller"
Products purchased on this site are to be prepaid prior to shipment. Buyer is responsible for all shipping and handling expenses incurred.
All taxes, duties or assessments of any kind shall be added to the purchase price and shall be paid by Buyer.
Terms of payment are based on Seller's discretion and the scope of services provided. In the event that legal action is taken by Seller, Buyer shall be liable for Seller’s reasonable attorney’s fees plus costs of collection.
Deliverables:
Seller will deliver exactly what is stated on this shopping cart within reasonable means. Unless explicitly listed in the cart, Seller is not responsible for deliverables assumed included by Buyer. Buyer may request additional deliverables that were assumed included, however, Seller may charge for such additional deliverables on a time and material basis, if the effort to furnish such deliverables is considered significant by the sole discretion of Seller.
Delivery of all goods or services covered by this contract shall be F.O.B. shipping from Seller’s United States warehouse. Seller reserves the right to select the means of shipment, point of shipment and routing.
Unless otherwise agreed to in writing, title to the goods or services shall remain with Seller until all payments hereunder have been made.
WARRANTIES: See specific AF 1501 Warranty-The following is for other manufacturer's products sold on this site.
Unless otherwise agreed to in writing, Seller warrants that the goods or services sold hereunder shall be free from defects in material or workmanship under normal use and service for a period of 12 months from date of shipment. In the case of products sold hereunder which are not manufactured by Seller, the warranty delivered to Seller by vendor or manufacturer of such products shall be assigned to Buyer and shall be expressively in lieu of any other warranty by Seller.
No warranty extended by Seller shall apply to any goods or services which have been modified or altered, by persons other than Seller’s authorized personnel, or to goods or services that are defective due to misuse, neglect, improper installation or in any other way damaged, or to goods sold as used by Seller.
All products sold by Seller hereunder shall deemed acceptable by Buyer, unless within seven (7) calendar days from the delivery date, Buyer notifies Seller in writing that such products are damaged, defective or cannot be made operational. Any claims for shortages must be made to Seller in writing seven (7) calendar days from the delivery date.
RETURNED MERCHANDISE:
No return will be accepted after fourteen (14) calendar days from delivery date with exception to Buyers having signed a dealer agreement where the return will extend to thirty (30) calendar days. Goods or services accepted for credit upon return will be subject to handling/restocking charge, which shall not be less then fifteen percent (15%) of the price of goods or services. Custom-made goods or services are not subject to return under any circumstances. In no case are goods or services to be returned without first obtaining Seller’s written permission. An R.M.A. (Returned Material Authorization) number issued by Seller must accompany all returned goods or services. Goods or services must be securely packed and delivered to Seller in an undamaged condition with Buyer being solely responsible for paying all return freight expenses.
CHANGES AND CANCELLATIONS:
Orders accepted by Seller are not subject to change or cancellation by Buyer except with Seller's written consent and upon payment of an appropriate charge to cover the cost or loss incurred by Seller which, unless otherwise agreed in writing, shall be not less that fifteen (15%) of the price of the goods or services subject to change or cancellation. Any provided materials, systems, devices or other tangible items by Seller or other entities acting on behalf of Seller remain property of Seller until paid for in full by Buyer.
Limitation of Liability:
In no event shall Seller be liable for any loss of use, revenue, profit or custom, or for any direct, indirect or consequential damages arising out of, connected with or resulting from the sale of goods or services.
FORCE MAJEURE: Seller will make every effort to complete shipment but shall not be liable for any loss or damage, for delay in delivery due to causes beyond its reasonable control including but not limited to fire, acts of God, acts of public enemy, acts of governmental agencies.
Authority and Facsimile Signature:
The person checking the agreement box on behalf of Buyer represents and warrants that he/she has full authority to bind Buyer to the terms and conditions herein contained. Buyer also represents and warrants that a facsimile transmission of its signature may be used in lieu of and relied upon by Seller as if an original signature, and that such facsimile transmission shall have the same force, effect and validity as if an original signature.
The Buyer agrees to this financial responsibility and this acknowledgment unconditionally guarantees moviMED, its assigns and representatives, the payment in full of any and all indebtedness incurred by the Buyer, now existing or hereafter arising, together with all interest, attorney’s fees, collection costs and expenses incurred by moviMED. Buyer authorizes moviMED to obtain credit and financial information concerning the Buyer. The Buyer's agreement further attests that all sales are subject to the terms and conditions which are set forth in this quote.
