• The Company or Entity listed in the “SOLD TO:” box is hereinafter known as “Customer”. • The Company or Entity listed in the “SHIP TO:” box is hereinafter known as “Customer”. • The Items listed in the “DESCRIPTION” box are hereinafter known as “Products”. • The Seller is hereinafter known as “Manufacturer”
THEREFORE, Customer agrees to purchase and Manufacturer agrees to furnish the products listed on the attached Invoice in accordance with the terms and conditions as follows:
IF YOU PURCHASED THE PRODUCTS ON CREDIT
The Customer agrees that Manufacturer will remain the sole owner of the Products listed therein with right of recovery until the Invoice has been paid in full. Title will transfer at that time. Customer further agrees to pay any reasonable legal fees, court costs, and costs associated with the overdue balance and recovery of the Products in the event of non-payment.
PRODUCT LIMITED WARRANTY AND LIMITATION OF REMEDIES
Manufacturer EXPRESSLY WARRANTS against defects in material and workmanship in the Product for twenty four (24) months from the date of purchase (excluding disposable items). During the warranty period, Manufacturer will repair or replace, at its sole option, free of additional charge, any defective unit returned freight pre-paid. This warranty shall remain in full force and effect for twenty four (24) months provided that the Product: *Is Owned by the original purchaser OR *Was sold to the user by an Authorized Dealer *Was not re-sold after being in service *Was properly installed and operated *Has not been subjected to abuse or misuse *Has not been repaired, altered or modified outside Manufacturer’s facilities. Because Manufacturer does not install, adjust, place, or operate this device or other product, Manufacturer cannot guarantee the performance of these Products. No representation or warranty is made that failure of the Products will not occur, or that the Products will prevent undesirable activity or harm to and by the user or third party. If the Customer believes that any Product is not being maintained in accordance with the warranties set forth above, the Customer shall give Manufacturer written notice detailing the deficiencies. Manufacturer shall thereafter have an opportunity, over a reasonable period of time, but not more than 30 days, to modify, adjust or repair such Product as required, to satisfy such warranty. No warranty set forth above shall apply to any Product if any person shall modify, adjust or repair such Product or perform any maintenance on them without Manufacturer’s express
authorization. The foregoing states the Customer’s sole and exclusive remedy for any breach of warranty or for any claim, whether sounding in contract, tort, strict liability or negligence, based upon the use of this product, and any defect in this Product. Manufacturer shall in no event be responsible for any incidental or consequential damages, or personal injuries by the Customer or user of the Products. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PROVIDING OR PERFORMANCE OF THE PRODUCTS DESCRIBED HEREIN. This warranty gives you specific legal rights and you may have additional rights, which vary, from state to state.
Manufacturer does not accept returns of used products. Products that are claimed to be malfunctioning are subject to the Limited Warranty as detailed herein.
Without the prior written consent of Manufacturer, Customer shall not assign or transfer this Invoice or the obligations listed herein. There are no understandings, representations or warranties expressed or implied, not specified herein, respecting this Invoice or the services furnished hereunder. Manufacturer shall not be liable for any failure or any delay in performance hereunder if such failure or delay is due, in whole or in part, to any cause beyond its control. Any pre-printed terms and conditions of any purchase order issued in connection with this Invoice shall be superseded by the Terms of Sale listed herein and of no force and effect. The Terms of Sale shall not be deemed or construed to be modified, amended, rescinded, cancelled or waived, in whole or in part, except by written amendment signed by the parties hereto. Any provision of these Terms which is unenforceable under the laws of any jurisdiction on which are applicable hereto; shall be ineffective to the extent such laws apply, without causing such provision to be ineffective under the laws of any other jurisdiction which may be or may become applicable without invalidating the remaining provisions of these Terms. The parties agree that the sale of this product and this Agreement will be construed under the laws of the State of Colorado (USA), the District Court of The County of Broomfield, State of Colorado shall have exclusive jurisdiction, including personal jurisdiction, and shall be the exclusive venue for any and all controversy and claims arising out of or relating to this transaction.
Customer has read these Terms of Sale and understands that the terms and conditions apply fully to all documents made a part of this Invoice and acknowledges that it understands and is bound by the Terms of Sale.
CARE ELECTRONICS, INC.
303-444-2273 or 888-444-8284
3301 W 151 Court Broomfield, Colorado 80023
©2014 Care Electronics, Inc