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General. By agreeing to purchase Product from Seller, Buyer expressly accepts the terms set herein and in any Agreement between the parties. Acceptance of this purchase order by any means of acknowledgement or shipment of any goods or performance of work or services ordered hereunder constitutes acceptance by TEDAN SURGICAL INNOVATIONS, Inc. (hereinafter referred to as "Seller") and you, the Buyer, of the terms and conditions contained herein. No terms stated by Buyer in accepting, confirming, or acknowledging this order shall be binding upon Seller if inconsistent with or in addition to the terms stated herein unless accepted in writing by Seller. If, however, a written agreement is already in existence between Buyer and Seller covering the purchase of the Products covered hereby, the terms of such agreement shall prevail to the extent that it is inconsistent with these terms.
Product Purchase and Prices. The products and prices are those stated in your invoice (the "Products") from Seller at the prices indicated therein. Products are subject to availability.
Delivery Terms. Products will be shipped F.O.B. shipping point with freight prepaid by Buyer. Seller may include a freight and handling charge on invoices. If Buyer requests special shipment and/or air shipment, Seller will prepay the additional charges and add them to the Buyer's invoice for the products shipped. Risk of loss will pass to the Buyer when the Products have been delivered by Seller to a common carrier for delivery to Buyer. Seller thoroughly inspects and packages to prevent damage caused during transit. If the packaging is damaged and/or altered, contact the Seller within forty-eight (48) hours of receipt.
Payment Terms. By credit card at time of order or with prior credit approval, Net thirty (30) days from the date of invoice or defined in executed Distribution Agreement.
Return Policy. Unused reusable Products may be exchanged or returned for credit within thirty (30) days of shipment. A Return Merchandise Authorization (RMA) number must accompany the returned items and can be acquired through the Seller’s customer service department. Any Products returned after thirty (30) days are subject to a fifteen percent (15%) restocking fee. Unused Reusable Products returned after thirty (30) days will not be accepted, unless noted on the invoice. Products that have been used, damaged, blemished, custom etched, custom made, discontinued or altered, will not be accepted for return at any time unless noted on the invoice. No returns will be accepted on disposable, single-use and sterile Products.
Warranty. All reusable products designed, manufactured and sold by the Seller are guaranteed by a Lifetime Warranty against defects in materials and workmanship from the original invoice date (the Warranty start date), when used under normal conditions for their intended purposes. Disposable, pre-packaged, single-use sterile products are warranted to be free from defect until the expiration date noted on the Product’s packaging. Seller’s Warranty is extended only to the original Buyer of the product and does not cover defects caused by normal wear, failure to follow instructions, misuse, abuse and mishandling of the product and to products that have been repaired or modified in ways not approved by the Seller. The Seller’s sole obligation under this warranty is to repair or replace the defective product. Seller shall not be held responsible for consequential or indirect damage arising from the sale or use of any product.
With respect to Products not originally manufactured by the Seller, such as those purchased from or distributed for a third-party manufacturer, Sellerin lieu of its Warranty, agrees to pass through to the greatest extent possible the benefits of any warranties offered by such third-party manufacturers, including licensees of third-party manufacturer. The Warranty included herein is the sole and exclusive warranty of the Seller and no other warranty is applicable, either expressed or implied, in fact or by law, including any warranty as to infringement, merchantability or fitness for a particular use or purpose. In no event shall either Seller or Buyer be liable to the other for any consequential, special, incidental, or punitive damages, however the same may be caused or arise, including the fault, negligence, or strict liability of either party even if the other party has been advised of the possibility of such damages. In no event shall Seller’sliability for any claims or damages arising out of the sale, delivery, or use of a Product exceed the purchase price of such Product actually paid to the Seller.
Seller shall not be liable for loss, damage, detention, or delay resulting from any causes whatsoever beyond its reasonable control. This shall include fire, pandemic/epidemic, flood, strike, lockout, civil or military authority, priority requests of the United States Government or any department, branch, or representative thereof, insurrection, riot, war, embargo, transportation shortage or delay, or inability to obtain labor or material from Supplier’s usual sources, and delivery dates will be extended to the extent of delays caused by the foregoing.
Limitation of Liability. In no event shall either party be liable to the other party for special, incidental, consequential, or indirect damages in connection with this Agreement or performance hereunder.
Confidentiality. Seller and Buyer agree that this Agreement represents and/or contains confidential information that shall not be disclosed to any third party or otherwise made public, without prior written authorization of the other party, except where such disclosure is required by law.
Compliance with Laws. Each party shall comply with its obligations under federal, state or other applicable laws or regulations with respect to the performance of this contract.
Governing Law. This Agreement shall be governed by and construed under the laws of the State of Texas without regard for principles of choice of law. Any claims, demands, or actions asserted against Buyer shall be brought in the federal courts of the State of Texas.
Order and Contact Information.
TEDAN SURGICAL INNOVATIONS, Inc.
12615 W Airport Blvd., Suite 200
Sugar Land, TX 77478
Customer Service: (877) 726-0886
Fax: (713) 726-0846