PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU ARE VIEWING THESE TERMS AND CONDITIONS ELECTRONICALLY, YOU ARE ADVISED TO PRINT OUT A COPY OF THESE CONDITIONS OF SALE TO KEEP FOR YOUR OWN RECORDS.
Ordering: Mail your purchase order to the address shown. Be sure
to specify your Ship-To Address.
Fax toll-free 800/763-0237, 24 hours a day, 7 days a week.
Phone toll-free 800/225-1600, M-F 8:00 am till 5:00 pm EST
Terms of Sale: POCKET NURSE® SHALL BE UNDER NO OBLIGATION TO ACCEPT ANY PARTICULAR PURCHASE ORDER RECEIVED BY POCKET NURSE®. BY PLACING AN ORDER BY ANY OF THE METHODS LISTED ABOVE, THE INDIVIDUAL OR ENTITY PURCHASING THE PRODUCT(S) ("BUYER") IS CONSENTING TO BE LEGALLY BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. POCKET NURSE®'S TERMS OF SALE AS SET FORTH BELOW CONSTITUTE POCKET NURSE®'S OFFER WHICH MAY ONLY BE ACCEPTED BY BUYER IN FULL. AGREEMENT IS CONDITIONED UPON BUYER'S ACCEPTANCE AND ASSENT TO THE TERMS AND CONDITIONS CONTAINED HEREIN. IF BUYER'S ORDER OR OTHER FORM STATES TERMS ADDITIONAL TO OR DIFFERENT FROM THOSE SET FORTH HEREIN, THIS WRITING SHALL BE DEEMED NOTIFICATION OF OBJECTION TO SUCH ADDITIONAL OR DIFFERENT TERMS. THIS AGREEMENT CANNOT BE WAIVED, VARIED, MODIFIED OR AMENDED IN ANY MANNER (INCLUDING SUBSEQUENT CONDUCT BETWEEN THE PARTIES) EXCEPT IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF POCKET NURSE®. ANY PORTION DEEMED INVALID OR UNENFORCEABLE SHALL BE STRUCK AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE TO BE EFFECTIVE AND BINDING. IF BUYER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, BUYER MUST NOT PROCEED WITH A SALES TRANSACTION. ALL SALES BY POCKET NURSE® SHALL BE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. This Agreement shall bind and inure to the benefit of the parties and their respective successors and assigns. This Agreement is made under, and for all purposes shall be construed and enforced in accordance with and governed by, the laws of the Commonwealth of Pennsylvania, excluding (i) its conflict of laws provisions and (ii) the United Nations Convention for the International Sale of Goods. All actions arising hereunder shall be instituted in Beaver County, Pennsylvania. Purchaser hereby consents to the jurisdiction of the state and federal courts sitting in Beaver County, appoints the Secretary of State of Pennsylvania in Harrisburg as its agent for service of process, and agrees to appear in action upon written notice thereof.
Important Notice: POCKET NURSE® IS IN THE BUSINESS OF SELLING PRODUCTS FOR EDUCATION PURPOSES ONLY. ALL PRODUCTS ARE SHIPPED TO CUSTOMERS FOR LEARNING PURPOSES AND ARE NOT INTENDED OR RECOMMENDED FOR ACTUAL HUMAN OR ANIMAL USE. IN THE EVENT YOU CHOOSE TO USE ANY PRODUCTS PURCHASED FROM POCKET NURSE® FOR ANY PURPOSE OTHER THAN EDUCATIONAL, YOU ARE ADVISED TO REFER TO THE MANUFACTURER INDICATION FOR USAGE. BECAUSE WE SELL PRODUCTS EXCLUSIVELY FOR EDUCATIONAL PURPOSES, WE DO NOT CONDONE OR PROMOTE THE USE OF PRODUCTS PURCHASED FROM US FOR ACTUAL HUMAN OR ANIMAL USE. IF YOU CHOOSE TO FOLLOW MANUFACTURER USAGE INDICATIONS YOU AGREE TO INDEMNIFY AND HOLD POCKET NURSE HARMLESS AND INDEMNIFY THE SAME AGAINST ANY LOSS RELATED TO THAT USAGE; POCKET NURSE BEARS NO LIABILITY OR RISK FOR ANY CONSEQUENCES OF YOUR USE OF PRODUCTS PURCHASED FROM US FOR ANYTHING OTHER THAN EDUCATIONAL USAGE. USE OF POCKET NURSE® PRODUCTS FOR ANY PURPOSE OTHER THAN EDUCATIONAL SHALL BE ACKNOWLEDGEMENT AND AGREEMENT TO THESE TERMS.
Delivery, Risk of Loss and Transportation Costs: All products are sold FCA (INCOTERMS 2010), unloaded at the loading dock at Pocket Nurse®'s designated facility, Freight Prepaid and Added. This means that risk of loss and Title (or ownership) passes to Buyer at the point when the carrier accepts the product, unloaded, at Pocket Nurse®'s designated point of origin or shipping point. The point of origin or shipping point is the loading dock at Pocket Nurse®'s factory or warehouse, but may be such other point as Pocket Nurse® may expressly designate. Should any loss, damage or other complications arise during shipment the Buyer is responsible for filing claims against the carrier in order to recover costs for damaged or lost merchandise. Method, choice of carrier, and route of shipment shall be at the discretion of Pocket Nurse®, unless Buyer shall expressly specify otherwise in writing. Buyer may cancel prior to final order processing by Pocket Nurse® provided Buyer requests such cancellation in writing prior to Pocket Nurse® processing the order. Delivery dates are approximate only and subject to availability of the products and variability of circumstances in transit. Pocket Nurse® shall not be liable for any loss or expense incurred by Buyer in the event Pocket Nurse® 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: Pocket Nurse® will attempt to combine multiple orders for a single shipment. However, Pocket Nurse® reserves the right, at its sole discretion, 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 Pocket Nurse® 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: Pocket Nurse® shall not be liable for any damage as a result of any delay in performance or nonperformance due to any cause beyond Pocket Nurse® reasonable control, including, without limitation, an act of God, act of the Buyer, delays caused by Pocket Nurse® 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 and concealed 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 Pocket Nurse® within ten (10) days after receipt of shipment from carrier. 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. Once used, Products are deemed to be fully conforming.
Grant of Security Interest: Buyer hereby grants to Pocket Nurse® a first priority purchase money security interest (or the equivalent under Buyer's local law) in Products ordered, and all proceeds from the sale thereof, until Pocket Nurse® has received full payment for such Products. 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 Pocket Nurse® to grant, perfect or continue such security interest.
Payment and Prices: Buyer shall pay for all products and/or services covered by Pocket Nurse® Invoices, net thirty (30) days from the date of Invoice, unless otherwise stated. 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 Pocket Nurse®, or if Buyer shall fail to make any payments in accordance with Pocket Nurse® terms, Pocket Nurse® 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. If payment is not made when due, Pocket Nurse® may suspend all future delivery or other performance with respect to Buyer without liability or penalty and, in addition to all other sums payable hereunder, Buyer shall pay to Pocket Nurse® (i) the reasonable costs and expenses incurred by Pocket Nurse® in connection with all actions taken to enforce collection or to preserve and protect Buyer's rights hereunder, whether by legal proceedings or otherwise, including without limitation reasonable attorneys' fees, court costs and other expenses and (ii) interest on all amounts unpaid after 30 days charged at the monthly rate of 1-1/2% or the highest rate permitted by law, whichever is lower.
Other Charges: Any manufacturer's tax, retailer's occupation tax,
use tax, sales tax, excise tax, duty, tariffs, custom inspection, registration,
certification, 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
Pocket Nurse® and the Buyer. As Pocket Nurse®'s prices are based upon
costs and conditions (including exchange rates) existing at time of acceptance,
prices are subject to increase as those conditions change, e.g. increase in
price of materials and labor and exchange rate fluctuations. All such charges
shall be paid by the Buyer in addition to the prices quoted or invoiced. In
the event Pocket Nurse® is required to pay such tax, fee or charge, Buyer
shall promptly reimburse Pocket Nurse® therefor; or, in lieu of such payment,
Buyer shall provide Pocket Nurse®, at the time order is submitted, with
an exemption certificate or other document acceptable to the authority imposing
such tax or other surcharge.
Disclaimer. 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 process, actual product color may differ from catalog product color. Pocket Nurse® is not responsible for typographical or pictorial errors. Prices may change without notice.
Force Majeure. Pocket Nurse® shall not be considered in default in the performance of its obligations hereunder or be liable in damages or otherwise for any failure or delay in performance which is due to events of force majeure including without limitation strike, lockout, concerted act of workers or other industrial disturbance, fire, explosion, flood, or other natural catastrophe, civil disturbance, riot or armed conflict whether declared or undeclared, curtailment, shortage, rationing or allocation of normal sources of supply of labor, materials, transportation, energy or utilities, mechanical breakdown, equipment failure, accident, inclement weather, natural disaster, delay of subcontractors or vendors, sufferance of or voluntary compliance with acts of government and government regulations (whether or not valid), embargo, or due to any other cause whether similar or dissimilar to any of the causes or categories of causes described above and which is beyond the Pocket Nurse's reasonable control. Promptly upon learning of such event and ascertaining that it has or will affect its performance hereunder, Pocket Nurse shall give notice to the other party, stating the nature of the event, its anticipated duration and any action being taken to avoid or minimize its effect.
Manufacturer's Limited Warranties on Third-Party Products Resold by Pocket Nurse®. Warranty obligations on all third-party products resold by Pocket Nurse® are subject to and governed exclusively 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 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.
Returns: A return Merchandise Authorization (RMA) number MUST accompany all returns. Should you need to make an eligible return pursuant to the terms of this Agreement, please contact Pocket Nurse®'s quality control department within 30 days of receiving the product. Pocket Nurse® shall not be obligated to issue an RMA except in strict accordance with the terms and conditions of this Agreement. Keep in mind, merchandise eligible for return MUST be returned within 30 days of the RMA number being issued. Merchandise should be securely wrapped and returned in its' ORIGINAL CARTON and the RMA number must be visible on the outside of the carton. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR MAKING THE MERCHANDISE AVAILABLE FOR PICKUP, INCLUDING WITHOUT LIMITATION MAKING SURE THE MERCHANDISE BEING RETURNED IS AVAILABLE FOR PICKUP AT THE DEPARTMENT/LOCATION WHERE THE DESIGNATED CARRIER USUALLY PICKS UP PACKAGES WITHIN YOUR ORGANIZATION. Returned merchandise will not be accepted after 30 days of the RMA issue date and will be returned to the sender. There is a Minimum 20% restocking fee on ALL returned goods. See "Return Goods Policy" on the back of Packing Slip. Please visit www.pocketnurse.com to download the RMA request form. Products listed below under "Non-Returnable Merchandise" may not be returned.
Indemnity: 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 whatsoever.
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