Unless otherwise agreed in writing by the parties, these terms and conditions, together with any related quote, order confirmation, packing slip or invoice (collectively, the “Terms”), comprise the entire agreement between Medical Technologies Industries, Inc. (“Seller”) and Customer with respect to the goods (the “Goods”) referenced in the Terms, and supersedes all prior understandings, agreements, negotiations, and communications, both written and oral. These Terms shall prevail over any of Customer’s terms and conditions of purchase. Fulfillment of Customer’s order does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
Upon acceptance of the Terms, Customer shall pay 50 percent of the amount set forth in the Terms (the “Purchase Price”) as a prepayment with the balance to be paid by either a credit card or check. Credit Cards may only be used at the time of purchase and not with any extended payment terms where payment is made after shipment. Only Visa and MasterCard are accepted. If the remaining balance including shipping, is to be paid by a credit card, the balance will be charged to that card at the time the order is shipped. If paying the balance including shipping by check, the balance is to be paid at the time of delivery. Purchase orders may be accepted at Seller’s discretion; provided that a valid purchase order is issued upon acceptance of the Terms. Any organization using a purchase order must apply for credit through Seller’s credit application. Should Customer defer delivery beyond the initial agreed upon delivery date, the remainder of the Purchase Price shall be payable on the original delivery date.
Seller does NOT guarantee delivery times. Notwithstanding, Seller shall use its best efforts to deliver the Goods on the date specified in this agreement. Seller shall not be responsible for any delays, loss, or damage in transit, nor shall such delays be considered a breach of contract by the Seller. Unless Customer otherwise notifies Seller within ten (10) days after receipt of the Goods, the Goods are deemed to be of the price, quantity, and type ordered by Customer, and delivered and accepted by Customer in good condition. Title and risk of loss passes to Customer once Seller has made the Goods available to Customer at the shipping point. While installation services are sometimes not provided by Seller, in the event Seller agrees to provide any installation services, except to the extent caused by the gross negligence or willful misconduct of Seller, Seller is not responsible for any damage or other loss associated with the disconnecting, removal, disposal or moving of Customer’s existing equipment or the moving or installation of the Goods.
All warranties are as per the manufacturer’s standard warranty. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE OR OTHERWISE.
Cost relating to the following activities shall be the sole responsibility of Customer and ARENOTINCLUDEDINTHEPURCHASEPRICE.
The disconnecting, moving, and/or re -installing of Customer’s existing equipment.
Changes or additions in plumbing, electrical or carpentry work.
Necessary governmental inspections, approvals, and fees.
Union intervention in installation of the equipment.
Freight cost including, but not limited to: storage fees, existing equipment disposal fees, special fees, i.e. inside and/or lift gate (ground) delivery, “white glove” delivery service, limited access delivery fees, small truck delivery fees, etc.
In the event that Customer breaches this agreement, it is agreed that a fair measure of liquidated damages is 25 percent of the Purchase Price.
This agreement and all rights, obligations, and liabilities arising hereunder shall be construed in accordance with the laws of the state of Utah, without giving effect to any choice or conflict of law provision that would cause the application of the laws of any other jurisdiction. Any legal suit, action or proceeding arising out of or relating to this agreement shall be instituted in the federal courts or the courts of the State of Utah in each case located in Salt Lake City, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
Goods are shipped in accordance with the regulations of the USA Export Administration.
Wood products manufactured by MTI are California 93120 CARB Phase 2 compliant.
A $20.00 minimum per order is required.
In the event the amount due and owing is placed for collection, Customer agrees to pay all collection costs associated with the Goods (including court and reasonable attorney’s fees).
Should sales taxes be applicable to this sale, Customer shall pay all such sales or use taxes and agrees to file the applicable state or local sales or use taxes directly unless Seller invoices Customer for applicable taxes. Sales tax rates included herein are estimates only.
Payments are payable to Medical Technology Industries, Inc. at 3655 W Ninigret Dr, Salt Lake City, Utah, 84104 -6572, USA.
A service charge of 1.5 percent per month (or the maximum rate allowed by law if such rate is less than 1.5 percent) will be assessed if the account is not paid in full within the term set forth herein.
All returns must be authorized by Seller in advance by issuance of an RMA number. If a return is authorized, transportation charges must be prepaid. Goods returned for credit are subject to a minimum restocking fee of 20 percent (or more at Seller’s discretion) to cover inspection, reconditioning and repacking costs. Electrical components and special order items are not returnable.
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, REGARDLESS OF WHETHER UNDER CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE PURCHASE PRICE.