Pocket Nurse® Enterprises, Inc. (the "Company")- International Trade Conditions
ALL PRODUCTS ON THIS WEBSITE ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY!
ORDERING: All Purchase Orders must either be MAILED to: 610 Frankfort Road Monaca, Pa 15061 PHONE: 800-225-1600 Mon-Fri 8:00-5:00 EST o FAX: 800-763-0237 (24 hours/ 7 days) o or placed on the web at WEB: www.pocketnurse.com (All international web orders are subject to quoting and verification due to export regulations and international freight charges).
The Company ships, and risk transfers to you (the "Buyer"), FCA our
facility designated by us (INCOTERMS 2010). For door to door shipments the Company
can offer at your cost and designation: UPS Worldwide Express Saver Service,
DHL Express Worldwide, United States Postal Service Express Mail International®
and Priority Mail International®. Cargo/Freight shipments are also available
at your request. Please contact our International Department for quotes and
shipping estimates. NOTE: Orders will at our discretion be shipped "Complete",
unless Buyer expressly requests partial shipments on the Purchase Order.
The Company is happy to ship on the Buyer's UPS account, but please be aware that the Company will in addition charge a small packing fee to cover our packing and other costs. The Company will only ship the item insured for the full value at your expense. All customs and import duties and other fees and charges incurred after delivery to you FCA (INCOTERMS 2010) are and shall remain the responsibility of the Buyer.
Shipment schedules are approximate and are based upon market and production conditions at the time of Seller's acceptance of Buyer's order. Seller shall in good faith attempt to ship by the date specified. Buyer agrees, however, that Seller shall not be liable for any delay in or failure to make one or more deliveries hereunder if such delay or failure is due to acts of God, war, riot, embargoes, acts of civil or military authorities, governmental regulations, fires, floods, accidents, quarantine, restrictions, mill conditions, acts of Buyer, strikes or other labor disturbances, delays in transportation, shortage of cars, fuel, parts, labor or materials, repairs to equipment or any other circumstance or cause beyond Seller's control. Acceptance of goods upon actual receipt shall constitute a waiver by Buyer of any claim for damages on account of delays in shipment or performance.
Any visible damage, however slight, must be noted on the freight
bill at time of actual receipt by the Buyer and must be brought to our attention
immediately (within 24 hours). No notation on the freight bill shall be proof
that you received the merchandise in good condition. If visible damage is noted,
you may request the driver to do an immediate inspection. Please refer to the
packing slip enclosed with your order for additional information.
MISSING MERCHANDISE: Please report all missing merchandise to your Account Manager, within 10 days of the invoice date.
MATERIAL: Department of Transportation has determined that certain
products, such as certain hazardous products, require special handling and a
$25.00 per box charge applies to cover any additional handling. Some hazardous
products are restricted from shipping via AIR. There may be certain products
that cannot be shipped to the following locations: PR, VI, HI, AK, and Guam.
All sales are final and payment is due in U.S. Dollar equivalents with terms
as indicated by us on the order acceptance. Prices are subject to change without
notice. Contact our International Department at: International@pocketnurse.com
for available payment methods. Unfortunately, the Company CANNOT accept personal/commercial
checks and Western Union payments or any other payments that require us to pick
up the payment from a local facility or merchant.
NOT BINDING: Quotations provided by the Company as to costs and fees
borne by the Buyer ("Buyer Expenses") such as rates of duty, freight
charges, insurance premiums or other charges borne by the Buyer are for informational
purposes only and are subject to increase without notice. No quotation shall
be binding upon the Company unless the Company in writing agrees to undertake
and be responsible for Buyer Expenses, such as a written undertaking by the
Company set forth in the quotation to handle or transport a shipment at a specific
rate or amount. Pocket Nurse® reserves the right to restrict or cancel the
shipment of certain items without notice and liability to the Company as may
be advisable to comply with US export control laws.
Please contact our International Department at the address first listed above
to receive more information about minimum orders.
ORDER CHANGES: A quotation may be modified by the Company at any time, but once the Buyer places an order based on the quotation and the Company accepts the purchase order, a legally binding agreement exists, which CANNOT be changed or cancelled by the Buyer.
POLICY: All backordered products will ship as soon as the Company
receives the backordered products in sufficient quantities to fill the Buyer's
order. Pocket Nurse will make every effort to notify you should the status of
your order extend past 30 days, giving you the one-time option of canceling
the item or accepting an available replacement.
Pocket Nurse® reserves the right to change product specifications
on all items without notice.
Once accepted, an order
cannot be cancelled by Buyer. On a case-by-case basis, as an accommodation to
a particular Buyer, the Company may authorize a cancellation, however, all cancellations
may only be initiated after a written cancellation authorization signed by the
Company has been received by the Buyer prior to FCA (INCOTERMS 2010) shipment
and a copy of the written cancellation authorization has been faxed to the Company
at: 800-763-0237 - International Sales Dpt.
Pocket Nurse® makes every reasonable effort to display accurate
product information. However, due to uncontrollable manufacturing conditions,
product colors, specifications and warranties are subject to change without
notice. Due to catalog printing conditions, actual product color may differ
from catalog product color. Pocket Nurse® is not responsible for typographical
or pictorial errors. Prices may change without notice. All products are sold
for INSTRUCTIONAL USE ONLY. NOT FOR HUMAN OR ANIMAL USE.
*Pocket Nurse® Limited Warranty
Pocket Nurse® Inc. warrants the workmanship and material of Pocket Nurse® branded/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 reserve the right to repair or replace at our option, any part or parts of a product or accessory covered under this warranty. For repair or replacement of a defective product contact Pocket Nurse® Quality Control Department directly. This warranty does not apply to any repair or replacement required due to misuse, abuse, improper storage or handling, normal wear and tear, repairs attempted or made by other than our authorized representative, or damage to product, whether to the finish, spoilage, breakage or otherwise, after product leaves point of origin. Items repaired or replaced under warranty are warranted only for the remainder of the original warranty period. This warranty excludes any products with an expiration date and does not extend any included manufacturer's warranty. THE WARRANTY SET FORTH UNDER THIS SECTION IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL POCKET NURSE®, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, including but not limited to loss of profit or revenues, damage for loss of use of the Products, damage to property, claims of third parties, including personal injury or death on account of use of the Products or failure of Pocket Nurse® to warn against or instruct on, or adequately warn against or instruct on, the dangers of the Products or the safe and proper use of the Products, whether or not Pocket Nurse® has been advised of the potential for such damages. Pocket Nurse®'s total liability hereunder from any cause whatsoever (except liability from personal injury caused by Pocket Nurse®'s negligence), whether arising under contract, warranty, tort (including negligence), strict liability, products liability or any other theory of liability, will be limited to the lesser of Buyer's actual damages or the price paid to Pocket Nurse® for the Products that are the subject of Buyer's claim. All claims against Pocket Nurse® must be brought within one year after the cause of action arises, and Buyer expressly waives any longer statute of limitations.. Some states do not allow limitations on the length of an implied warranty or the exclusion or limitation of incidental or consequential damages. As such, the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
Buyer agrees to indemnify and hold harmless Pocket Nurse® 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 Pocket Nurse® 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 Pocket Nurse® pursuant to this Invoice. Buyer shall indemnify,
defend and hold harmless Pocket Nurse® 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 Pocket Nurse® 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 Pocket Nurse®. Pocket Nurse®
shall not be liable for any consequential, incidental or contingent damages
The Buyer warrants that it is and will remain in compliance with
all export and re-export requirements, laws and regulations of the United States
of America and any other applicable export and re-export laws and regulations.