Payments and Financial Conditions:
Unless otherwise specified, all invoices are due and payable, in United States currency, 30 days from the date of invoice. Seller accepts MasterCard, Visa, Discover, and American Express credit cards. In the event payment is not received when due, Seller may, at its discretion, assess late fees at the rate of 1.5% per month or the maximum rate allowed by law. Seller shall have the right to cancel, refuse, or delay shipment for failure of Buyer to promptly meet payments due to Seller. If legal action is required for collection of this invoice, the Buyer agrees to pay all costs of collection, including without limitation costs, fees, and attorneys’ fees.
Seller’s Limited Warranty:
This warranty shall apply in the event no other specific warranty has been agreed upon. Seller warrants to Buyer that the product sold by Seller to Buyer will be free from defects in workmanship and materials under normal use for a period of twelve (12) months for each SpiroFlow peak flow meter or Calibration Syringe after the date of the applicable invoice.
The Buyer shall inspect the product promptly after delivery and shall notify Seller in writing within five (5) business days of any short delivery or defects. Seller’s sole obligation, at its option, shall be to replace or repair any defective product or refund the purchase price of any undelivered product. Seller will return the repaired or replacement product to Buyer and pay for return shipping if Buyer uses an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, Seller will ship the product to Buyer freight collect. Repaired or replacement products are covered for the remainder of the warranty period for the original purchased product. The original warranty period is not extended due to repair or replacement
If at any time during the applicable warranty period, the Buyer believes that the product or service does not comply with any of the warranties, the Buyer shall promptly notify Seller of a Warranty Claim. If the Buyer does not provide notice of Warranty Claim within the warranty period, the Buyer shall not have any right to claim that the product or service does not comply with the warranties. If within the applicable warranty period the Buyer notifies Seller that any product or service does not comply with any of the warranties and if in fact the product or service does not comply with any of the warranties (not caused by misuse or abuse), Buyer shall not return any product to Seller without first obtaining a Return Authorization (RA) number from Seller. If Buyer fails to follow all of Seller’s return instructions, including the packaging of the product, the product will not be covered by this warranty.
The Seller warrants that all repair services will be carried out with reasonable care and skill. Repairs are warranted to be free from defects in materials and workmanship for a period of six (6) months after the date of the original repair invoice. The Seller’s sole liability for breach of this warranty shall be, at its option, to give credit for or re-perform the service in question. If Seller determines that the problem is covered by Seller’s 6 month repair warranty, Seller will repair the product and pay for return shipping if Buyer uses an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, Seller will ship the product to Buyer freight collect.This warranty shall only extend for a period of ninety (90) days after the completion of the services.
Unless otherwise specified, all returns must be processed within 30 days of delivery date and are subject to a restocking fee of 15% or $15.00, whichever is greater. All returned product must be in original packaging and in new, resalable condition. A Return Authorization (RA) must be obtained from the Seller. Credit will not be issued for the product returned without a valid RA. An RA number and return shipping address will be provided within the next business day. To ensure proper return processing, the RA number must be clearly marked on the shipping box (do not write on original boxes). No restocking fee will be charged for defective parts, properly noted damaged product, and returns that are the result of a Seller error.
Seller has no liability under the warranties with respect to any defect in the product. Buyer is solely liable to ensure compliance with any requirements related to the Buyer’s use of the product.