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 * Terms & Conditions





TERMS & CONDITIONS


1. OFFER AND ACCEPTANCE; ENTIRE AGREEMENT

These Terms and Conditions of Sale (the “Agreement” or the “Terms”) are
incorporated by reference into all sales made by DiaMedical Equipment LLC
(“Seller”) for any and all products or services (together, the “Goods”) being
sold by Seller to buyer (“Buyer”). These Terms and Conditions of Sale shall
supersede all prior understandings, transactions and communications, whether
written or oral, between the parties with respect to the subject matter hereof,
and shall form the complete contract between Seller and Buyer. These Terms and
Conditions of Sale shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto. SELLER’S ACCEPTANCE OF ANY OFFER
MADE BY BUYER TO PURCHASE GOODS IS EXPRESSLY CONDITIONED UPON BUYER’S ASSENT TO
THESE TERMS AND CONDITIONS. Any modification, alteration, amendment, additional
or conflicting term contained in Buyer’s order form or other written or oral
communication is hereby objected to and rejected, and shall not be binding upon
Seller unless otherwise specifically agreed to in writing by an authorized
management-level representative of Seller. The terms and conditions contained
herein may be modified or cancelled by Seller at any time prior to acceptance.
Additionally, Seller and Buyer acknowledge and agree that the sale of the Goods
described herein is not a consumer transaction.


2. PRICES; PAYMENT

DiaMedical does not calculate or collect tax on any of its products. Prices do
not include federal, state or local taxes imposed on the Goods including,
without limitation, sales, use or excise taxes; such taxes, if any, shall be
paid by Buyer in addition to the price of the Goods. Buyer is responsible for
remitting any tax owed. Buyer must provide Seller with a resale/tax exemption
certificate, if applicable. All terms of payment shall be as specified by Seller
in writing and shall be made in good funds (U.S. Dollars) without set-off or
deduction, or if no terms of payment are specified, payment is due immediately
by credit card or electronic funds transfer. DiaMedical extends net-30 invoice
terms to approved Buyers. Seller may decline at any time either to accept an
order, or to ship the Goods subject to an order, until Seller has received
payment in full from Buyer. Buyer agrees to pay reasonable costs, including
reasonable attorneys’ fees, incurred by Seller to collect any amounts due
hereunder. Buyer may not withhold or set-off any payment because of any dispute
or claim. Orders and/or invoices may include additional fees or charges as
applicable including, but not limited to, the following: medical device excise
taxes, shipping, handling and/or processing fees, credit card fees, shipping
cut-off fees, priority/expediting fees, minimum order fees, exchange fees, drop
ship fees, OEM/manufacturer/supplier fees, or other similar charges or fees.
Seller reserves the right to correct errors in pricing, discount calculation, or
billing (e.g., typographical errors, formula errors, etc.), and will notify
Buyer of the corrected price; if Buyer does not choose to pay the corrected
price, Seller may cancel the order without further obligation, except for the
obligation of refund if payment was made in advance.


3. DELIVERY

Delivery of the Goods described herein shall be FOB Origin, Freight Prepaid and
Charged Back (i.e., Seller pays freight and adds it to invoice; Buyer bears
freight, handling and processing costs; Buyer owns goods in transit). Seller
will use commercially reasonable efforts to meet the scheduled dates for
shipment and delivery, but does not guarantee any delivery or completion date.
Seller shall not be liable for any loss, damage, expense or charge of any kind
resulting from delay in shipment or delivery.


4. TITLE AND RISK OF LOSS OR DAMAGE

Despite any agreement with respect to delivery terms or prepayment of
transportation or insurance charges, the title and risk of loss or damage shall
pass to Buyer, and delivery shall be deemed to be complete, upon delivery to a
private or a common carrier or upon moving the Goods into storage, whichever
occurs first.


5. INSPECTION/ACCEPTANCE OF GOODS

Buyer shall be responsible for inspecting all Goods prior to acceptance;
provided, however, that if Buyer has not given Seller written notice of
rejection within five (5) business days following receipt by Buyer, the Goods
shall be deemed to have been accepted by Buyer.


6. WARRANTY

Seller warrants to Buyer that the Goods shall be free from defects in material
and workmanship for the warranty period specified within Seller’s quotation
and/or Order Acknowledgement for the Goods (such warranty period shall commence
from the date of the original shipment of the Goods); as to services provided by
Seller, such services shall be carried out with the same degree of reasonable
care and reasonable skill which is standard within the industry. Manufacturer’s
warranties will be passed through Seller to Buyer if allowable. All warranty
claims must be made by written notice to Seller within the specified warranty
period. This warranty is contingent upon the following: (i) Buyer establishes
that the Goods have been properly installed, maintained and operated within the
limits of their intended and normal usage; (ii) upon Seller’s request, Buyer
will return to Seller, at Buyer’s expense and subject to Seller’s direction, any
defective Goods or parts thereof; and (iii) Seller promptly receives written
notice of any defect and such defect is verified upon return of the Goods to
Seller at Buyer’s expense or upon inspection by an authorized representative of
Seller at Seller’s option. If Buyer, after delivery, modifies, alters,
substitutes or changes any of the Goods acquired from Seller, then Seller’s
warranty with respect thereto shall be null and void and of no force and effect
whatsoever. This warranty does not extend to: (i) defects due to misuse, abuse,
neglect, (ii) Goods not used in accordance with normal operating and maintenance
instructions, (iii) damage caused by corrosion or erosion, (iv) damage to Goods
subject to wear and tear, (v) damage caused by Buyer’s failure to provide a
suitable installation or operating environment for the Goods, (vi) damage caused
by use of the Goods for purposes other than those for which they were designed,
(vii) damage caused by disasters such as fire and other casualties, (viii)
damage during shipment, (ix) damage caused by parts or components not
manufactured by Seller, and (x) damage caused in transit initiated by Buyer
after delivery has taken place. Goods replaced under the terms of this warranty
are covered for the remainder of the original warranty term unless otherwise
specified in writing by Seller. [See also Warranty Replacement Procedure,
Section 11, below.] Unless otherwise specified, DiaMedical offers Buyer a 1-year
limited parts warranty on all purchases.


7. EXCLUSIVE REMEDY

If the conditions of Section 6 have been met, then Seller shall fulfill its
warranty obligation by, at its option, (1) replacement of the Goods or parts
thereof, (2) repair the Goods or parts thereof, or (3) refund of the purchase
price paid for such defective Goods. DiaMedical does not guarantee any
particular course of action in the fulfilment of any warranty obligation.


8. DISCLAIMER

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF
QUALITY, PERFORMANCE AND DESIGN, WRITTEN OR ORAL, EXPRESSED OR IMPLIED; ALL
OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED BY SELLER AND ALL GOODS
MANUFACTURERS.


9. LIMITATION OF LIABILITY

SELLER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM FAULTY OR
INCOMPLETE INFORMATION PROVIDED BY BUYER, INCLUDING, BUT NOT LIMITED TO,
INCORRECT PART NUMBERS OR A MIS-DIAGNOSIS. IN NO EVENT SHALL SELLER, ITS
AFFILIATES, SUPPLIERS AND SUBCONTRACTORS, BE LIABLE TO BUYER OR TO ANY
THIRD-PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, COST OF CAPITAL,
COST OF SUBSTITUTION, DOWNTIME COSTS OR DELAYS, OR ANY PENALTIES, WHETHER ANY
SUCH CLAIM IS BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, REGARDLESS OF WHETHER SELLER HAD NOTICE OF SUCH POTENTIAL CLAIMS AND
TO THE MAXIMUM EXTENT ALLOWED BY LAW. SELLER’S LIABILITY FOR ANY SUCH CLAIMS OR
FOR ANY LOSS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE
PERFORMANCE OR BREACH THEREOF, OR FROM ANY DESIGN, SALE, INSTALLATION, OPERATION
OR USE OF THE GOODS, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID TO SELLER
BY BUYER FOR THE SPECIFIC GOODS OR PART THEREOF.


10. EXCHANGES

(a) Goods sold on an “Exchange” basis require that Buyer return a like,
repairable item (an “Exchange Part”) in order to receive the price quoted. An
Exchange Form will be made available to Buyer on an Exchange Sale; Buyer can
also obtain an Exchange Form by contacting Seller. (b) Exchange Parts must be
sent to the address noted by Seller, must include the Exchange Form specific to
the particular order/part, and must be sent in an appropriate carton or
container designed for such shipments, in order to be eligible for the
discounted exchange price quoted. (c) Exchange Parts must be received by Seller
within fifteen (15) business days from the original date of receipt by Buyer
unless a shorter period has been communicated to Buyer by Seller. If an Exchange
Part is not received by Seller within the required time frame, or any Exchange
item received by Seller does not otherwise comply with all of the requirements
described herein, Seller will invoice Buyer, and Buyer shall be responsible, for
additional charges ( an “Additional Bill”), in an amount reflecting costs of
processing and replacement through the manufacturer. (d) An Exchange Part must
be “repairable,” that is, all of its components are fully intact, it contains an
original serial number, if applicable, and it meets common industry acceptance
criteria. Unless otherwise approved in writing, an Exchange Part must be
like-for-like, and the same revision level as the Good sold by Seller to Buyer.
A cloned item does not qualify as an acceptable Exchange Part and will not be
accepted by Seller as an Exchange. If an item received by Seller is determined
to be a cloned item, such item will be rejected and Seller will invoice Buyer,
and Buyer shall be responsible, for an Additional Bill reflecting costs of
processing and replacement through the manufacturer (or, alternatively, the
“outright” pricing, if quoted). (e) Buyer hereby agrees to pay such reasonable
Additional Bills as described herein. In order to make a good faith dispute of
an Additional Bill for late exchange, Buyer is required to provide a valid
tracking number showing the shipment was received within the allowable
timeframe.


11. WARRANTY REPLACEMENT PROCEDURE

(a) Buyer must obtain prior approval from Seller, by way of a valid Return
Materials Authorization form and number (“RMA”), before making any warranty
returns and/or returning any Goods for warranty replacements; such approval must
be sought within the documented warranty period for the particular Good(s), such
warranty periods beginning on the date of original shipment by Seller or its
supplier. A technical support call may be required before an RMA will be issued.
(b) Buyer must ship Goods back prepaid and in an appropriate carton or container
designed for such shipments, and, when applicable, also complete an RMA report.
(c) Such returns must be received at the location designated on the RMA Form
within ten (10) business days of the date an RMA was first sought from Seller.
Any warranty return received by Seller without the RMA Form, or outside of the
ten (10) business day period, will not qualify for a warranty credit. (d) Buyer
shall cooperate with reasonable requests at the time an RMA is reported, and
during handling by Seller, by providing information including, but not limited
to, full description of defect, serial number, identifying markings, and, if
appropriate, photographs, etc. (e) A credit for a warranty return will only be
issued when a warranty replacement is ordered from Seller (if available). If
Buyer does not order a warranty replacement from Seller then any credit allowed
will be at the sole discretion of Seller. (f) If a defect is confirmed by Seller
or its supplier during evaluation, a credit will be issued fifteen (15) business
days of the confirmation, such time being necessary to allow for evaluation and
processing (NOTE: certain returns, evaluation and credits may take longer due to
a longer period of time needed for testing).


12. RETURNS & RESTOCKING (NON-WARRANTY)

(a) Requests to return Goods for a restocking fee (i.e., non-warranty returns)
must be made by Buyer within thirty (30) days of the original date Goods
shipment; Buyer must obtain prior approval from Seller for such returns by way
of a Return Materials Authorization form and number (“RMA”). NOTE: Although
DiaMedical will accept most items as returns with prior approval, DiaMedical
cannot guarantee that any particular item is eligible for return. Goods returned
by Buyer due to no fault of Seller are subject to a standard fifteen percent
(15%) restocking fee, unless otherwise documented by Seller. Seller may
increase, reduce, or waive this restocking fee at its sole discretion. (b) Goods
approved for a return with a restocking fee must be received at the address
noted on the RMA Form within ten (10) business days of original receipt of the
Good(s) by Buyer, and must include the RMA Form specific to the particular
order/part. Any returned Goods received by Seller without the RMA Form or
outside of the timeframes described herein will not qualify for a credit (the
full invoice price will be due from Buyer). Returned Goods must be sent in an
appropriate carton or container designed for such shipments in order to be
eligible for any credit. (c) If all return requirements have been met and the
return is accepted, credit will be issued at most eight (8) weeks thereafter, in
order to allow for evaluation and processing (NOTE: certain returns and credits
may take longer to issue if a longer time period is needed for testing). (d)
Custom-made orders/Goods are non-returnable.


13. MISCELLANEOUS

Buyer must provide a part number or equivalent unique identifying number on all
transactions; not providing such number may result in a return being denied. If
any claimed reason for a return does not qualify it for credit or cannot be
verified by Seller or its supplier, then the full invoice price will be due from
Buyer. Seller is not responsible for returning items which Buyer returns to
Seller without authorization.


14. FORCE MAJEURE

Seller shall not be liable for any delay in performance or nonperformance which
is due to (i) war, fire, flood, acts of God, acts of third parties, acts of
terrorism, acts of governmental authority or any agency or commission thereof,
accident, breakdown of equipment, or similar or dissimilar causes beyond its
reasonable control including, but not limited to, those interfering with
production, supply or transportation of the Goods or components, (ii) Seller’s
ability to obtain, on terms it deems reasonable, labor, parts, equipment or
transportation, or (iii) acts or omissions of third-parties including, but not
limited to, causes of action resulting from personal injury or property damage.


15. IDEMNIFICATION FOR INFRINGEMENT

If Goods supplied by Seller are used by Buyer to infringe, or such use is
alleged to infringe, any patent, copyright, or other intellectual property right
of another, or if Goods supplied by Seller pursuant to Buyer’s designs or
specifications infringe or are alleged to infringe any patent, copyright or
other intellectual property right of another, Buyer shall indemnify, defend and
hold Seller harmless from and against all damages, liabilities and costs
incurred or suffered as a result of such alleged or actual infringement.


16. GENERAL

(a) Complete Agreement – This Agreement supersedes all prior agreements and
understandings, oral or written, relating to the Goods and the subject matter
hereof, and constitutes the entire agreement between the parties related to such
Goods and subject matter. (b) Amendments; Modifications – No amendments or
modifications of this Agreement (other than updated Terms & Conditions of Sale
posted by Seller with a new Effective Date) shall be binding or effective unless
in writing and signed by both parties, including an authorized management level
representative of Seller. (c) Severability – If a provision of this Agreement is
held to be invalid or unenforceable, the Agreement shall continue in full force
and effect and shall be construed as if the invalid or unenforceable provision
(or a portion thereof) was omitted. (d) Waiver – No waiver of any breach of the
Agreement shall be construed as a waiver of any prior, concurrent, or subsequent
breach thereof. (e) Assignment – Neither this Agreement nor any rights or
benefits hereunder are assignable by Buyer without the prior written consent of
Seller; Any such prohibited assignment shall be null and void. (f) Compliance;
Attorneys’ Fees – Seller’s catalog(s) and/or other electronic or online
platform(s) are offered as an as-is service for convenience, and Buyer
represents that Buyer has and will comply with all applicable laws and
regulations in the purchase, re-sale and/or use of the Goods, and that Buyer has
all requisite authority and right to purchase, resell and/or use the Goods.
DiaMedical is not responsible for purchases outside of Buyer’s authority, right
to purchase, and/or Buyer’s compliance with any applicable laws. In the event
that Seller is the prevailing party in any action with respect to this
representation, or in collections actions or proceedings between Seller and
Buyer, Buyer shall be liable to Seller for all costs, including reasonable
attorneys’ fees, incurred by Seller with respect to such action, proceeding or
arbitration. (g) Governing Law – This Agreement shall be governed by and
construed in accordance with the laws of the State of Michigan, excluding its
conflicts of law provisions. Unless agreed upon otherwise in a writing signed by
both parties, this Agreement and the rights and obligations of the parties
hereto, shall not be governed by the provisions of the United Nations Convention
for the International Sale of Goods (CISG). All causes of action under this
Agreement shall expire unless brought in a court of law located in Oakland
County, MI, United States, to which Buyer does hereby consent to personal
jurisdiction, within one (1) year of the date of the event giving rise to such
claim. Seller shall not be required to perform its obligations if Buyer has
defaulted on its obligations or any other contract involving Seller (e.g.,
failed to pay). Seller shall have all other rights and remedies conferred by
law. Buyer agrees that any litigation initiated either by Seller or Buyer shall
be venued in a court located in Oakland County, MI, United States, and waives
any argument that personal jurisdiction and/or venue in such forums is not
proper or convenient.


17. TAXES

If you are a tax exempt entity, please email your tax exempt certificate to
Accounting@DiaMedicalUSA.com. Taxes will be charged to your order if an exempt
certificate is not received. Seller has collected the simplified sellers use tax
on taxable transactions delivered into Alabama and the tax will be remitted on
the customer’s behalf to the Alabama Department of Revenue.




Seller’s program account number is SSU-R011127179

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