Applicability Of Terms
These terms and conditions have been presented as an essential part of an offer for the sale of medical imaging equipment and components by Advanced Imaging Service Inc. for any and all products or services being sold by Advanced Imaging Service Inc. to Buyer. Whether provided online, through email or other communication, the price quoted and the offer for sale is made subject to the following terms and conditions. Acceptance of the offer will be effectuated by any of the following: Making payment to Advanced Imaging Service Inc., transmitting shipping instructions, transmitting a purchase order or otherwise communicating assent, and is EXPRESSLY CONDITIONAL. WITH 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 rejected, and shall not be obligatory upon Advanced Imaging Service Inc. The terms and conditions enclosed herein may be modified or cancelled by Advanced Imaging Service Inc. at any time preceding to acceptance.
Payment will be due once the item is available to ship. In the event of any good faith dispute with regard to a portion of an invoice, the undisputed portion shall be paid as provided herein. Upon any default of the Payment Terms of this Agreement, Advanced Imaging Service Inc. may commence collection activities for all sums due or to become due here-under, all at Buyer’s expense, including but not limited to costs and expenses of collection, collection agency fees, and reasonable attorneys’ fees, and pursue any other remedies permitted by law. All terms of payment shall be as stated by Advanced Imaging Service Inc. in writing and shall be made in U.S. Dollars, without set-off or deduction, or if no terms of payment are stated, payment is required within thirty days of the invoice date (NET 30). Orders and invoices may include additional fees or charges as applicable including, but not limited to: shipping, handling and/or processing fees, credit card fees, shipping cut-off fees, exchange fees, drop-ship fees, or other comparable charges or fees. Advanced Imaging Service Inc. may decline at any time either to accept an order, or to ship the PRODUCT subject to an order, until Advanced Imaging Service Inc. has received payment in full from Buyer. Advanced Imaging Service Inc. reserves the right to amend errors in pricing, discount calculation, and will notify Buyer of the amended price; if Buyer does not select to pay the amended price, Advanced Imaging Service Inc. may cancel the order without further responsibility, except for the responsibility of refund if payment was made in advance.
All equipment and services are provided As-Is, Where-Is, unless stated otherwise in this Agreement. Advanced Imaging Service Inc. warrants to Buyer that the Products shall be free from defects in material and workmanship for the warranty period specified within Advanced Imaging Service Inc. ’s quotation. Warranty period shall commence from the date of the original shipment of the Products. Services provided by Advanced Imaging Service Inc. shall be carried out with the same amount of equitable care and equitable skill which is standard within the industry. If a warranty is designated as pro-rated by Advanced Imaging Service Inc. warranty coverage related to refund or credit shall be pro-rata based on the number of months lasting in the warranty period. The warranty is a LIMITED WARRANTY, requiring Advanced Imaging Service Inc. to take commercially reasonable steps to repair or replace an item that fails if:
- Products are defective due to misuse, abuse, neglect
- Products are not used in accordance with normal operating and maintenance instructions
- Products are modified, altered, substitutes or changed once acquired from Advanced Imaging Service Inc.
- Products are damaged caused by corrosion or erosion
- Products are damaged due to wear and tear
- Products are damaged by Buyer’s failure to provide a suitable installation or operating environment for the Products
- Products are damaged by use of the Products for purposes other than those for which they were designed
- Products are damaged by disasters such as fire and other casualties
- Products are damaged during shipment
- Products are damaged by parts or components not manufactured or provided by Advanced Imaging Service Inc.
Advanced Imaging Service Inc. must receive written notification of the failure within 72 hours. The parties agree that Advanced Imaging Service Inc. will not be responsible for any shipping, labor, installation, engineering costs, downtime, temporary equipment, or INCIDENTAL OR CONSEQUENTIAL costs or damages, even if Advanced Imaging Service Inc. is made aware of their possibility. Any warranty for a piece of Equipment will be void if any of the seals or warranty stickers have been removed or tampered with in any way. All warranties are subject to verification upon return to Advanced Imaging Service Inc.
If an item is quoted on an “Exchange” basis, the price in the quote is a discounted rate, conditioned upon Buyer delivering a like, repairable item to Advanced Imaging Service Inc. within five (15) days from Buyer’s receipt of the sold item. If Buyer fails to return a like, repairable item within five (15) days, Buyer agrees to pay the full retail price for the item. An Exchange must have all of its components fully intact, it must contain an original serial number, if applicable, and it meets common industry acceptance criteria. An Exchange Part must be like-for-like, and the same revision level as the Good sold by Advanced Imaging Service Inc. to Buyer. All Exchanges require a valid RMA (Return Material Authorization) number. Exchange Parts must be sent to the address noted by Advanced Imaging Service Inc. and must be sent in an appropriate carton or container designed for such shipments, the product must be well packed and thoroughly protected in the packaging in order to be eligible for the discounted exchange price quoted.
Items sold with installation services may not be returned. Products returned by Buyer due to no fault of Advanced Imaging Service Inc. are subject to a minimum twenty-five percent (25%) restocking fee. Buyer shall have five days from receipt of an item to notify Advanced Imaging Service Inc. in writing. After such time, all items shall be deemed to have been accepted and non-returnable. Buyer may return unused equipment, after obtaining prior approval from Advanced Imaging Service Inc. within five (5) days from receipt of shipment. Items returned without authorization or returned after five (5) days will not be accepted and Buyer shall be responsible for the full sales price. Products approved for a return with a restocking fee must be received at the address noted by Advanced Imaging Service Inc. within ten (10) business days of original acceptance of the Product. Products that are non-returnable will be communicated as such prior to the transaction, any Products sold as nonreturnable may not be returned and will receive no credit if returned to Advanced Imaging Service Inc. All Returns require a valid RMA (Return Material Authorization) number. Return Parts must be sent to the address noted by Advanced Imaging Service Inc. and must be sent in an appropriate carton or container designed for such shipments, the product must be well packed and thoroughly protected in the packaging in order to be eligible for any credit.
Advanced Imaging Service Inc. shall not be liable for any failure to perform under this Agreement due to circumstances outside of Advanced Imaging Service Inc.’s exclusive control, including but not limited to: fire, flood, acts of third parties, acts of God, equipment failure.
Failure of Advanced Imaging Service Inc. to carry out any provision of this Agreement shall not constitute a waiver of the provision. This waiver shall only be effective if buyer obtains a document in writing and signed by Advanced Imaging Service Inc. If the Customer fails to pay pursuant to the terms of this Agreement and Advanced Imaging Service Inc. elects to take legal action to collect this account, the customer shall pay all costs incurred by Advanced Imaging Service Inc. including, but not limited to, attorney’s fees, court costs, expert witness fees, sheriff’s fees, special process server fees and bond costs. The laws of the State of California shall govern this transaction, and jurisdiction and venue for hearing of any matter in dispute, shall be with the court system of San Joaquin County, California. The parties agree that this is the entire agreement and that no oral representation or agreement has been made which would modify this Credit Agreement, or be considered a condition precedent or subsequent to the enforcement of this agreement. These terms are current as of the revision date and may be changed at any time without notice.