Pocket Nurse® Terms & Conditions: International
PLEASE READ 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. ALL PRODUCTS ON THIS WEBSITE ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY!
Pocket Nurse® Enterprises, Inc. (the “Company”) - International Trade Conditions
Orders are subject to acceptance by Pocket Nurse. Acceptance by Customer of any goods from Pocket Nurse will constitute acceptance of these terms and conditions. No terms and conditions appearing in Customer‘s order that are in variance with or contrary to Pocket Nurse’s terms and conditions will be binding upon unless specifically agreed to in writing.
ORDERING: Orders may be facilitated via:
MAIL: 610 Frankfort Road, Monaca, PA 15061
PHONE: 800-225-1600 (Mon-Fri, 8 a.m.-6 p.m. EST)
FAX: 800-763-0237 (24 hrs / 7 days)
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 worldwide express shipping options. 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 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.
Please report all missing merchandise to Customer Service, within 10 days of the invoice date.
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.
Prices are subject to change without notice. Prices billed are the prices in effect at the time the order is shipped. Prices are subject to all taxes, excises, or other charges levied by any government (national, state or local). Any disputed prices must be identified to Distributor in writing within ten (10) business days from the invoice date. Rebates and credits may be considered a discount and may need to be disclosed by you as required by applicable law. All manufacturer contract prices are effective as of the date determined by the manufacturer. Contract prices are subject to early termination upon notification by manufacturer. Buyer is responsible for notifying Distributor of any special product pricing arrangements that buyer has negotiated with any product manufacturer or group purchasing organizations.
QUOTATIONS 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.
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.
BACK ORDER POLICY:
If an item is unavailable to ship for (30) days beyond the original estimated ship date, Pocket Nurse is required by law to offer you the option to cancel your order. Backorder notifications will be sent to the original contact on the order via email. At such time, Pocket Nurse will offer the option to cancel the item on the order, or continue to wait for the product at a future ship date. All backordered products will ship immediately upon receipt from our supplier.
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 Department.
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.
These terms and conditions are governed by the laws of the Commonwealth of Pennsylvania, U.S.A. (without regard to its conflicts of laws). Customer hereby consents to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Pennsylvania courts.