Customer
Terms and Conditions
I.
GENERAL
A. Customer
purchase orders are binding only after written acceptance
by GOODTIME MEDICAL. Verbal orders are not
accepted.
B. Prices are effective from date of quote and are subject to change
without notice.
C. GOODTIME MEDICAL reserves the right, without prior notice, to:
- a) Change and/or revoke any price.
- b) Change and/or revoke any provisions contained herein.
- c) Discontinue shipments to any customers.
- d) Resolve any inconsistencies, conflicts or ambiguities.
D. Special production runs or product orders are subject to
GOODTIME
MEDICAL requirements such as, but not limited to, minimum quantities
and extended delivery times. On special production run products
GOODTIME MEDICAL reserves the right to overship 10% or undership 5% of
the purchase order quantity and invoice accordingly. Special orders are
subject to cancellation charges.
II.
PAYMENT TERMS
A. For customers with established credit terms: Net 30 days from
shipment date.
B. If credit is not established, payment plus estimated (by GOODTIME
MEDICAL) freight charges shall accompany purchase order.
C. Cash or anticipation discounts are not allowed.
D. GOODTIME MEDICAL reserves the right to revoke any credit extended to
customer if customer fails to pay for any shipments when due. If, in
GOODTIME MEDICAL's opinion, there is a material adverse change in
customer's financial condition, GOODTIME MEDICAL shall have the right
to suspend further shipments until receipt of adequate assurance of
customer's ability to pay therefore.
E. Payment terms are specified on the invoice. Any invoice not paid
when due is subject to a late payment charge of 1.5% per month, or if
such rate is greater than the maximum rate permitted by applicable law,
then at the highest rate allowed by applicable law.
In the event the Buyer fails to make full payment when due and Seller
employs an attorney or collection agency to assist in collection of the
account, Buyer agrees to pay all of Seller's reasonable cost of
collection including collection agency fees, attorney fees and court
costs.
III.
TRANSPORTATION
A. All shipments are F.O.B. Wright City, MO.
B.THE SHIPMENT IS DEEMED ACCEPTED IN GOOD CONDITION BY THE COMMON
CARRIER AND TITLE AND ALL RISK OF LOSS OR DAMAGE PASS TO THE CUSTOMER
UPON ACCEPTANCE FROM THE CARRIER. THE CUSTOMER IS RESPONSIBLE FOR
INSPECTING THE MERCHANDISE UPON RECEIPT. WHEN THE SHIPMENT ARRIVES THE
CUSTOMER WILL INSPECT THE MERCHANDISE FOR DAMAGE, WILL REMOVE ALL
PACKING MATERIALS AND INSPECT FOR CONCEALED DAMAGE. IF THERE IS EVEN A
CHANCE THAT THERE MAY BE DAMAGE THAT IS CONCEALED, THE CUSTOMER SHOULD
REFUSE THE SHIPMENT. WHEN THE SHIPMENT IS REFUSED IT WILL BE RETURNED
TO GOODTIME MEDICAL FOR FURTHER INSPECTION AND REPAIRS FREE OF CHARGE
TO THE CUSTOMER. IF THE SHIPMENT IS RECEIVED AND THERE IS DAMAGE THERE
WILL BE A CHARGE FOR ANY AND ALL CLAIMS OF DAMAGE. IF YOU DISCOVER THAT
THERE IS CONCEALED DAMAGE PLEASE CONTACT US IMMEDIATELY TO MAKE
ARRANGEMENTS FOR THE REPAIR. NO CLAIMS OF DAMAGE WILL BE HONORED AFTER
3 BUSINESS DAYS OF RECEIPT OF THE MERCHANDISE. THE CUSTOMER SHALL
INSIST THAT BOTH VISIBLE AND CONCEALED DAMAGE BE NOTED ON ITS COPY OF
THE FREIGHT BILL.
C. Freight, handling and insurance charges:
- a) Prepaid Shipments: All freight, handling and insurance
charges shall
be invoiced to the customer. Shipments are insured by GOODTIME MEDICAL.
- b) Collect Shipments via UPS or FedEx: All freight and
handling charges
shall be billed to the collect account number provided. All collect
shipments are NOT insured. Customer must request coverage if required
and the insurance cost will be added to the freight charge. All
uninsured shipments are the responsibility of the customer. GOODTIME
MEDICAL assumes no responsibility for any such loss or damage.
- c) Truck Shipments: All freight, handling and insurance
charges shall
be billed to the account number provided. All truck shipments are NOT
insured. Customer must request insurance coverage, if required, and the
insurance cost will be added to the freight charge. All uninsured
shipments are the responsibility of the customer. GOODTIME MEDICAL
assumes no responsibility for any such loss or damage.
D. All shipments are made by carriers of GOODTIME MEDICAL's choice. Any
special arrangements requested by customer shall be at customer's
additional expense.
E. Any quantity shortages, incorrect items, or billing errors shall be
reported in writing to GOODTIME MEDICAL within 15 days of delivery.
Sales order and invoice numbers are to be furnished on all claims.
F. GOODTIME MEDICAL reserves the right to make delivery in
installments. All such installments shall be separately invoiced and
paid for when due, without regard to subsequent deliveries. Delay in
delivery of any installment shall not relieve customer of his
obligation to accept remaining deliveries.
G. GOODTIME MEDICAL shall not be liable for failure to deliver or delay
in delivery occasioned by causes beyond GOODTIME MEDICAL's control,
including without limitation, strikes, lockouts, fires, embargoes, war
or other breakouts of hostilities, acts of God, inability to obtain
shipping space, machinery breakdowns, delays of carriers or suppliers,
and domestic or foreign governmental acts or regulations. In the event
of any delay in delivery due to such causes, unless otherwise agreed,
the time for delivery shall be deemed extended for a period of sixty
(60) days, and customer shall extend the letter of credit if payment is
to be made by letter of credit. If delivery is not made within such
extended sixty-day period, the contract shall be deemed cancelled
without liability to either party.
IV.
RETURNS
A. Returns of exam tables are subject to a 50% restocking and handing
charge. All other sales are FINAL no returns or exchanges.
B. No returns or exchanges will be honored beyond 45 days after the
ship date.
C. Customer will be responsible for preparing any returns for shipping
and also responsible for payment of all freight, handling and insurance
charges.
D. Any returns delivered to GOODTIME MEDICAL in a condition deemed by
GOODTIME MEDICAL other than new and ready for resale will be refused
and no refund given.
V.
LIMITED WARRANTY
A. All GOODTIME MEDICAL mechanical products are warranted against
defects in workmanship or materials under normal use for five years
after date of purchase from GOODTIME MEDICAL unless otherwise stated.
(Proof of purchase is required.) Any product which is determined by
GOODTIME MEDICAL to be defective in material or workmanship and
returned to GOODTIME MEDICAL, shipping costs prepaid, shall be, as the
sole remedy, repaired, replaced or credited at GOODTIME MEDICAL's
option.
D. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED
OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART
OF GOODTIME MEDICAL, AND GOODTIME MEDICAL NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE HEREUNDER. GOODTIME MEDICAL DISCLAIMS ANY
LIABILITY FOR PRODUCT DEFECTS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER
PRODUCT SELECTION OR MISAPPLICATION.
E. GOODTIME MEDICAL shall not be liable for customer's costs, lost
profits, goodwill or other special or consequential damages. GOODTIME
MEDICAL's liability in all events is limited to, and shall not exceed,
the value of merchandise involved.
F. Remedies - Any controversy or claim arising out of or relating to
this contract, or the breach thereof, shall be settled by arbitration
in Warren County, State of Missouri in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and judgment
on the award rendered by the arbitrator(s) may be entered in a court
having jurisdiction there.
G. Recommendations for using GOODTIME MEDICAL products are believed to
be reliable. However, since the application of these items is beyond
our control, no guarantee, expressed or implied, is made on their use,
handling, possession or results.
VI.
MODIFICATION OF TERMS
This contract constitutes the entire agreement between the parties; all
prior representations and understandings having been merged herein. It
may not be modified or terminated except in writing, signed by a duly
authorized representative of GOODTIME MEDICAL. This contract shall be
governed by and construed according to the laws of the State of
Missouri.
