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By purchasing Applied products and using Applied trademarks and intellectual property, all distributors agree to the following Terms and Conditions of Sale
Applied offers Net 30 days billing to customers with established credit. ( Have questions about your credit? Contact firstname.lastname@example.org) Visa, Master Card, American Express credit cards accepted at time of shipment without a service fee. A service fee of 3% will be charged to customers for payment other than time of shipment. An interest penalty of 1.5% per month will be charged to delinquent accounts.
Delivery on all orders shall be F.O.B. shipping point, unless specifically agreed upon in advance; Seller will select the carrier and route.
Prices are in U.S. Dollars (USD) only and are subject to change without notice Quotations:All quotations are for immediate acceptance unless otherwise stated and are subject to correction for clerical error.
Minimum Order: A minimum charge of $9.95 will be applied to orders under $50.00.
The seller will not accept returned goods without prior approval. Goods and services can not be returned after 30 days, and can only be returned for credit on account. Buyer shall obtain an RGA (returned goods authorization) NUMBER from Seller. In order to receive credit, all items being returned for reasons other than the faults of Applied Home Healthcare Equipment (as determined by Applied) will be subject to RESTOCKING CHARGES. Certain products including special and obsolete items cannot be returned. All returns must be shipped F.O.B. destination for credit.
Shortages and Damage Claims
Contact Applied Home Healthcare Equipment upon receipt of shipment to report and shortages of shipment and/or damages.
Applied Home Healthcare Equipment (herein "the Seller"), all products and systems (“items”) sold by the Seller are warranted for a period of one year from the date of shipment to be free from defects in material and workmanship to conform the Seller's written specifications applicable to the items. All services and labor are warrantied for 90 days from date of service. Consumables or parts designed to wear out and be replaced are excluded from the one year warranty. The Seller's liability on this warranty shall in no event exceed the cost of correcting defect proven in the items sold or at the Seller's option, replacing the same. No other warranty, express or implied (including without limitation the warranty of merchantability), shall exist in connection with the design, manufacture, sale or use of any parts sold by the Seller.
Without in any way limiting the generality of the foregoing, this warranty does not cover, and the Seller shall have no liability with respect to:
A. Failure or damage due to misapplication, abuse, improper installation, or abnormal conditions of use, temperature, moisture, dirt, pollution, or corrosion.
B. Items which have been in any way altered after leaving the possession of the Seller.
C. The fitness of the items sold for the purpose or use intended by the Buyer, or the performance thereof.
D. Items damaged in shipment or otherwise without the Seller's fault.
E. Expenses incurred by the Buyer in procession any items prior to discovery of alleged defect or in attempting to correct same.
F. Losses, costs, liabilities, and damages which might be claimed from the use, misuse, or failure of any items delivered, including (but without limitation to), loss of use of profits, all liabilities incurred by the Buyer to the Buyer's customers or third persons, and all other consequential damages, where direct or indirect, and whether or not resulting from, or contributed to by the Seller's default or negligence.
G. Failure or rejection of parts due to incorrect specifications and/or design parameters supplied by the Buyer.
All claims for defects in material or workmanship will be deemed waived, if not presented within 30 days after receipt of shipment. Upon notice of any such claims, the Seller will have the option, to be exercised at once, either of inspecting any alleged defective parts in the Buyer's hands or of requesting their return to the Seller. The Seller will at the Seller's option, either repair, replace, or give the Buyer proper credit for parts determined by the Seller to be defective. The Seller will not be liable for damages or losses resulting directly or indirectly from the use or resale by the Buyer of defective parts, nor will the Seller be liable in any way for the Seller's items which have been further processed by the Buyer. The Buyer may not return parts without authority from the Seller and the Seller will not be liable for transportation charges, if parts are returned without the Seller's authorization. The remedy herein above provided for breach of our warranty shall be exclusive.
In order to successfully compete in the marketplace and to maintain its premium brand image, Applied Home Healthcare Equipment and its affiliates has announced this Distributor Policy. By purchasing Applied products and using Applied trademarks and intellectual property, all distributors agree to the following:
Ensure that Applied Products which may require a prescription are sold in accordance with all local and federal laws and regulations.
Refrain from executing a cash sale via the internet for OxyGo products
Refrain from advertising cash price via the internet for OxyGo products
Never advertise, promote, or sell any Products as being “demos,” “samples,” “used,” “out-of-the-box,” “like new,” etc.
Provide the patient operating manuals and/or instructional materials to all purchasers of the Products as furnished by Applied
Never engage in any (a) “bait and switch” sales tactics; (b) deceptive sales tactics or advertising practices; (c) unethical or illegal sales tactics or practices; and (d) activity that would potentially injure or undermine the high quality image and/or reputation of Applied and/or Applied Products.
Never ship, distribute, sell, or export (directly or indirectly) OxyGo Products to trade restricted countries.
Applied reserves the right to alter, modify, amend, suspend, or cancel these terms and conditions at any time. Applied reserves the right to determine whether a distributor has violated these terms and conditions. Upon such determination, Applied may, without assuming any liability, cancel all orders and will indefinitely refuse to accept new orders from the Distributor.
These terms and conditions have been unilaterally adopted by Applied. Applied neither solicits nor will it accept assurances by a distributor of acquiescence with these terms and conditions. Applied will not discuss conditions of acceptance related to these terms and conditions. These terms and conditions are non-negotiable and will not be altered, modified, or amended for any distributor. OxyGo/Applied Home Healthcare Equipment sales personnel have no authority to alter, modify, amend, or grant exceptions to this grant exceptions to this terms and conditions.
The headings in these terms and conditions are for convenience only and have no bearing on interpretation.