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 800-225-1600 |
| 7/24/2008 7:16:11 AM | |
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Terms and Conditions
Terms and Conditions of Sale for Pocket Nurse®
Methods for Ordering:
Acceptance; Governing, Provisions. This invoice, ("Invoice") constitutes an offer by Pocket Nurse®, a Delivery, Risk of Loss and Transportation Costs. All products are sold F.O.B. Origin, Freight Prepaid and Added. This implies that Title or ownership passes to Buyer at the point when the carrier accepts the product. The point of origin or shipping point is usually the vendor’s factory or warehouse. Therefore, Seller pays the freight bill while the Buyer owns goods in transit and then the Buyer is invoiced for the original cost of the product in addition to the added freight charges. Should any complications arise during shipment the Buyer is responsible for filing claims against the carrier in order to recover costs for damaged or lost merchandise. All products are sold F.O.B. Seller’s factory or distribution center (such location to be determined by Seller) unless otherwise stated on the reverse side hereof. Delivery of products to a carrier at Seller’s factory or distribution center (such location to be determined by Seller) shall constitute delivery to Buyer, and regardless of shipping terms or freight payment, all risk or loss or damage in transit shall be borne by Buyer. Method and route of shipment shall be at the discretion of Seller, unless Buyer shall specify otherwise; any additional expense of the method or route of shipment specified by Buyer shall be borne entirely by Buyer. Delivery dates are approximate only and subject to availability of the products covered by this Invoice. Seller shall not be liable for any loss or expense incurred by Buyer in the event Seller fails to deliver products to Buyer on any scheduled delivery date for any reason, including, without limitation, product modifications, production delays or any reasons set forth in the section entitled 'Delays'. Partial Shipments. Seller will attempt to combine multiple orders for a single shipment. However, Seller reserves the right to make delivery in installments. Unless otherwise expressly stipulated herein, all such installments shall be separately invoiced and Buyer shall make payment for such installment per invoice terms, without regard to subsequent deliveries. Orders including stock merchandise and non-stock items may be separated at Seller's discretion, so that prompt shipment can be made on stock items. Delay in delivery of any installments shall not relieve Buyer of its obligations to accept remaining deliveries. Delays. Seller shall not be liable for any damage as a result of any delay in performance or nonperformance due to any cause beyond Seller's reasonable control, including, without limitation, an act of God, act of the Buyer, delays caused by Seller's suppliers or subcontractors in performance or nonperformance, embargo or other governmental act, regulation of request, fire, accident, strike, slowdown, war, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. Inspection. Buyer shall be deemed to have inspected all shipments for visible damage and to verify the quantity and type of products received upon execution of any freight bill, or other bill of lading. Claims for shortages or other errors in delivery must be made in writing to Seller within ten (10) days after receipt of shipment. Buyer's failure to give timely notice of shortages or other errors in delivery shall constitute unqualified acceptance of such shipment, and a waiver of all such claims by Buyer. Claims for loss or damages to goods in transit shall be made by Buyer to the carrier and not to Seller. Cancellation. No order accepted by Seller may be canceled or altered by Buyer except upon terms and conditions acceptable to Seller, as evidenced by written consent signed by an authorized representative of Seller. Grant of Security Interest. Buyer hereby grants to Seller a purchase money security interest in the products described upon the reverse side of this Invoice. Buyer agrees to take all further actions, and to execute and deliver all documents or instruments, including, without limitation financing statements and continuation statements, which are reasonably requested by Seller to grant, perfect or continue such security interest. Payment and Prices. Buyer shall pay for all products and/or services covered by this Invoice, net thirty (30) days from the date of this Invoice, unless otherwise stated on the reverse side hereof. If, during the period of performance of an order, the financial condition of Buyer shall not justify the payment terms specified herein or in any other agreement between Buyer and Seller, or if Buyer shall fail to make any payments in accordance with Seller's terms, Seller may require full or partial payment in cash, in advance, before proceeding with the order. Payments will be applied as referenced on the check stub, unless there is an overpayment or credit in Buyer’s account. When a credit or overpayment on Buyer’s account is discovered the balance will first be applied to any open invoices based on chronological order of invoice date. Refunds to Buyer are only made when an account has no open invoices and Buyer requests refund in writing. Taxes and Other Charges. Any manufacturer's tax, retailer's occupation tax, use tax, sales tax, excise tax, duty, custom inspection or testing fee, or any other tax, fee, charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and the Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay such tax, fee or charge, Buyer shall promptly reimburse Seller therefor; or, in lieu of such payment, Buyer shall provide Seller, at the time order is submitted, with an exemption certificate or other document acceptable to the authority imposing such tax or other surcharge. Changes. Seller reserves the right to change, without prior notice, the design and construction, and the type of materials used in the manufacture of any of the products listed in its catalogs, supplements and price lists. Seller further reserves the right to discontinue without prior notice, any of its products and/or replacement parts thereof. All prices are subject to change without notice. Warranty. All products supplied by Seller are subject to and governed by the respective Manufacturer’s warranty. Manufacturer warranties not accompanying products may be obtained by contacting the respective Manufacturer. Manufacturer’s warranties are subject to change without prior notice. THE MANUFACTURER’S WARRANTY STATEMENTS ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All products are sold for instructional use only and are NOT for general consumer, personal, direct or indirect human or animal use. *Pocket Nurse® Limited Warranty Pocket Nurse® Inc. warrants the workmanship and material of its own manufactured products for a period of One (1) Year from original date of purchase. Upon return of the product within the specified warranty period, we will repair or replace at our option, any part or parts of a product or accessory covered under this warranty which, after examination by Pocket Nurse® Inc., proves to be defective in workmanship or material. For repair or replacement of a defective product contact your account manager directly. This warranty does not apply to any repair or replacement required due to misuse, abuse, normal wear and tear or repairs attempted or made by other than our authorized representative. This warranty excludes any products with an expiration date and does not extend any included manufacturer’s warranty. ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY Returns. Products may be returned to Seller only when written permission is obtained in advance of such return from an authorized representative of Seller. At the sole discretion of Seller, approved returns will be issued a return merchandise authorization (RMA). RMA’s are valid for 30 days from date of issue only. All approved returns must be shipped F.O.B. (Seller's warehouse) as directed in Seller's return policy and must be properly packaged as instructed by Seller. Product returns which are not approved or are not prepaid will not be accepted by Seller. Product returns are subject to a minimum restocking fee of 20% or such other amount then in effect. All products MUST be returned in the original boxes and packaging and in the same condition received.
Indemnity. Buyer agrees to indemnify and hold harmless Seller and any of its officers, directors, parent, subsidiary or affiliated companies from any and all claims, losses, damages, charges, expenses (including any and all reasonable expenses involving attorney's fees and product recall) arising out of any negligent actions of Buyer including but not limited to the maintenance, repair or alteration of any product. All products are sold for instructional use only and are not for general consumer, personal, direct or indirect human or animal use. Buyer agrees that Buyer will use the products for their intended instructional purposes only, and in a safe and legal manner consistent with all applicable state and federal laws; Buyer acknowledges that to use them otherwise is outside the scope and purpose for which they are intended. Buyer shall indemnify, defend and hold harmless Seller from and against any liability, claims, losses, damages or expenses which may be suffered by or made against Buyer arising directly or indirectly from any non-instructional use of any product delivered to Buyer by Seller pursuant to this Invoice. Buyer shall indemnify, defend and hold harmless Seller from and against any and all, claim, loss, cost, damage and expense arising directly or indirectly out of or relating in any way to the use, possession, maintenance, operation or storage of the products delivered to Buyer by Seller pursuant to this Invoice, even if that liability, claim, loss, cost, damage, or expense is based on or claimed to be based on the negligent acts or omission of Seller. Seller shall not be liable for any consequential, incidental or contingent damages whatsoever. Discounts. This Invoice sets forth the products and/or services purchased by Buyer from Seller and certain discounts, if any, for each item on this Invoice. Some of the products listed on this Invoice may be subject to additional discounts. Buyer is responsible for fully and accurately reporting to the applicable government agencies all discounts, rebates, incentive payments, bonuses and the like applicable to such products, including those reflected herein and others which may apply. Miscellaneous Provisions. The parties have provided good and valuable consideration in connection with this Invoice, which contains the entire current understanding between the parties related to the transactions herein. This Invoice shall be construed in accordance with the laws of the Finance Charges: subject to interest charge of 1 ½ % per month (18% per annum), or maximum allowed by law, on all past due invoices. Responsible party agrees to pay all collection fee and all other related expenses in order to collect this invoice. NON-RETURNABLE MERCHANDISE Private Label Items* ( see Pocket Nurse warranty above) Student Health Totes DVD Programs Special Orders Discontinued Items Glass Products Software Dated Items Replacement Parts CD’s Diagnostic Kits Disposable Items Oxygen Tanks Sterile Items Used Instruments Videos Expired Product Pocket Nurse® makes every reasonable effort to display accurate product descriptions. However, due to uncontrollable manufacturing conditions; product colors, specifications and warranties are subject to change without notice. Pocket Nurse® is not responsible for typographical errors. |
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PocketNurse Enterprises, Inc. , P.O. Box 9358, Pittsburgh, Pa 15225-0358 Tel: 800-225-1600 Fax: 800-763-0237 Email: info@pocketnurse.com Terms and Conditions Privacy Policy Comment or Problem with this Page?
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