TERMS & CONDITIONS - BUYING AN ITEM VIA THIS WEBSITE IMPLIES THAT YOU ARE ACCEPTING THE FOLLOWING TERMS AND CONDITIONS
The sale of any item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. You should be a registered physician, a representative of a medical institution or an authorized reseller of medical equipment. If you are purchasing an item that is subject to FDA regulations, you are confirming you are an authorized purchaser. In any case, we could verify your status as an authorized purchaser of this item before shipping it . If you have questions about legal obligations regarding sales of medical devices, you should consult with the FDA's Center for Devices and Radiological Health:
CONTRACT TO PURCHASE
1. General. (a) “Vendor”, refers to LET Medical Systems Corp. (LET), with its principal place of business located at 5755 NW 151 Street, Miami Lakes, FL 33014. “Customer” means the person, firm or company whose purchase order has been accepted by the Vendor via this website. “Equipment” refers to the equipment, machine, apparatus, merchandise, including any auxiliary parts or components listed in the Invoice. “Vendor’s service” refers to any service, repair, and/or maintenance of Equipment undertaken by Vendor. “Notice” refers to receipt of written notice by the Vendor or Customer, as per paragraph 12- M, and at their respective place of business.
(b) These conditions supersede any other terms and conditions appearing in the Vendor’s catalogues, website(s) or elsewhere and shall apply to all quotes and estimates made or purchase orders accepted by Vendor.
2. time for acceptance.The time for acceptance of offers, quotes and or estimates made by the Vendor shall be for the period stated therein. When no period is stated, the time for acceptance expires seven (7) days from the date the offer, quote, and or estimate is made. Only offers, quotes, and or estimates that are written may bind and/or obligate the Vendor. There can be no acceptance of a verbal offer, verbal quote, and or verbal estimate.
3. Bench Charge. There shall be a surcharge of $100.00 U.S. for each Equipment received by the Vendor for service, repair and or maintenance or a quote for the same thereof. This surcharge is waived if the Customer engages the Vendor to service repair, and or provide maintenance to said equipment. The surcharge must be paid in full prior to the return of said Equipment. Any quotes for service, repair, and or maintenance of Equipment, includes the cost of vital and necessary mechanical, electrical, safety, and or auxiliary parts or components required, as per manufacturer’s specifications, for the normal operation and conforming use of said Equipment.
4. Prices. All prices quoted by the Vendor are based on the cost estimates associated with the Equipment and or the Vendor’s service. Costs estimates include but are not limited to materials, parts, labor, transport, statutory obligations, taxes, tariffs, surcharges, rates of exchange, freight and insurance costs on the date of the Contract. The price quoted for the sale of Equipment and/or Vendor’s service are subject to variation and may vary upwards if between the date of the Contract and the date on which the Equipment is ready for delivery the costs are greater than the original estimated costs.
5. Terms of Payment. (a) Unless otherwise specified in writing, payment in full must be received prior to shipment any Equipment, including Equipment presented for Vendor’s service.
(b) If the Customer fails to make any payment in accordance with these conditions or fails to comply with any provisions of these conditions the Vendor may without prejudice to any of its rights in law or equity cancel the delivery of any undelivered portion of the Equipment ordered.
6. Delivery. (a) Delivery of the Equipment shall be taken by the Customer when the Equipment being shipped to Customer is placed within the control and possession of the transport carrier. Unless otherwise stated, all shipments are F.O.B. Vendor’s facility. Vendor’s liability for delivery shall cease, and title and all risk of loss or damage shall pass to Customer upon delivery. Delivery and insurance shall be at Customer’s expense.
(b) The Vendor will use its best efforts to complete delivery of the Equipment within the periods stated but shall not be liable for damages or otherwise for failure to do so from any cause whatsoever beyond the reasonable control of the Vendor. Delays, however caused, shall not be grounds for cancellation or modification of the terms of the Contract by the Customer.
(c) If for any reasons whatsoever the Customer fails to take delivery of the goods within the aforesaid period, the Vendor shall be entitled to resell the same at the Customer’s risk, debiting Customer the expenses of any loss incurred on such resale and the Customer, upon demand being made for payment of such expenses, including but not limited to storage and transport of Equipment, and loss, shall forthwith pay the same.
(d) Equipment sold is not returnable or exchangeable.
(e) Vendor, at its own discretion, shall not release the Equipment for cash term transaction if no payment is received upon delivery of Equipment.
(f)All claims for incomplete deliveries or delivery of nonconforming Equipment must be made writing, as per the notice requirement, in paragraph 1(a), to the Vendor within three (3) days from the date of delivery to the Customer. Equipment that is delivered to Customer shall be presumed to be conforming, correct and in good order.
7. Warranty. (a) For new equipment 360 days. For Used equipment 7 days unless otherwise specified in the description of the item . No warranty for probes, parts , cables or accessories . Warranty to be provided in our warehouse in Miami. The customer has the right to inspect and test the equipment at LMS offices before shipping. If the customer does not inspect the equipment, it will be shipped in “As Is” condition basis. Equipment has security labels that should not be removed or broken , otherwise the warranty will be void.
(b) Equipment that is serviced, repaired or presented for maintenance and is returned to Customer is delivered “AS IS, WITH NO WARRANTIES OF ANY KIND, UNLESS OTHERWISE STIPULATED.” These same terms and conditions apply to any parts or components replaced or refurbished in the servicing, repairing, and or maintenance of said Equipment.
(c) In no event shall the Vendor be held liable for any special, incidental or consequential damages, either direct or indirect, or for loss of profits, loss of use, in case of any failure or malfunction of the Equipmentsold, including delay in replacing, servicing, repairing, refurbishing any defective or malfunctioning part or component.
(d) Customer warrants and represents that Customer understands and has full knowledge with regard to the operation of any and all Equipment, products, software, manuals or other items sold to Customer or provided otherwise by Vendor to Customer or Customer’s employees or agents.
8. Packing & Shipment . Unless otherwise specified, packing cases and packing materials will be charged extra. Shipment will be calculated and charged in addition of the cost of the equipment once the order has been received and paid accordingly with instruction of the customer.
9. Returns: In case it is specified in written that returns would be accepted, the customer has 7 days to return the equipment (s) . A 25% restocking fee will apply. The moneys will be credited after the equipment is received satisfactorily in Let Medical Systems, Corp’s offices in Miami. Transportation of any return will be paid by the customer.
10. Import & Export Permits and Duties. All import or export permits and licenses and the payment of all import or export duties and customs fees shall be on the account and the sole responsibility of the Customer.
11. Force Majeure. (a) The Vendor shall not be liable for loss, damage or delay directly or indirectly arising or resulting from any of the following, but not exclusive of, causes or perils whatsoever occasioned including Acts of God, arrests and restraints of princes, rulers or peoples, riots and civil commotions, unavailability of raw materials, strikes, lockouts, or other labor disturbances, fire, war, perils of the sea, delays in transit and other causes of perils whatsoever beyond the reasonable control of the Vendor.
(b) If delivery of the Equipment shall be delayed on account of any of the causes set out above the time for delivery shall be extended until the operation of the causes preventing delivery have ceased or at the option of the Vendor the contract may be cancelled either altogether or if the contract has been partly performed in respect of the unperformed part.
(c) In case of cancellation as per paragraph 11(b) or in case the performance of the contract is impossible then at Vendor’s option the Contract shall be treated as rescinded. If Vendor exercises option to rescind the Contract, Vendor shall be paid by the Customer for all Equipment, costs, and or services rendered for Equipment ordered, in production, manufacturing, and or assembly stage, regardless of whether Equipment is ready for shipment on a quantum meruit and quantum valebant basis and shall be the only Equipment subject to the contract and neither party shall have any claim against the other in respect of damages compensation or otherwise.
12. Applicable Law. The Contract shall be interpreted according to the laws of the State of Florida, U.S.A. Any action or proceeding arising out of the Contract shall be brought and maintained in Miami-Dade County, Florida, U.S.A., without regard to any conflict of law provisions. Customer consents to the Jurisdiction and Venue of courts located in Miami-Dade County, Florida, and agrees that service of process in any action or proceeding shall be deemed sufficient if mailed, first class, postage prepaid, to Customer at the address set forth herein, as the same may be changed in accordance with the terms herein.
13. Miscellaneous. A. Entire Agreement. This Contract and all terms and conditions herein constitute the entire agreement between the parties and supersede any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. The Contract may not be amended or modified in any way, and none of its provisions may be waived, except by a prior writing signed by an authorized officer of each party.
B. Confidentiality. Vendor and Customer shall hold in confidence the information contained in or exchanged in connection with the Contract. Notwithstanding the foregoing, disclosure, on a confidential basis, by either party is permitted: (a) to its principals, auditors, attorneys, investors, lenders, insurance agents, and proposed and actual successors in interest and (b) to comply with law and enforce its rights and perform its obligations under the Contract.
C. Severability. Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. If any provision of the Contract shall be invalid or unenforceable, the provisions of this agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirements.
D. Non-Waiver. The failure of either party to this Contract to object to or to take any affirmative action with respect to any conduct of the other which is in violation, breach, or default of the terms hereof, shall not be construed as a waiver thereof, nor of any future breach or subsequent violation, breach or default.
E. Attorney’s Fees. In the event either party to the Contractseeks to enforce the terms of the agreement, the prevailing party shall be entitled to reasonable attorney’s fees and costs incurred including trial and appellate level. However in actions to interpret the terms of the contract, each party shall be responsible for its own attorneys fees for same.
F. Documents. Each party agrees to provide information and to execute and, if necessary, to file with the appropriate governmental entities and international organizations, such documents as the other party shall reasonably request in order to carry out the purpose of this Agreement.
G. Authority and Other Additional Warranties. Each Party warrants to the other that, except as may be expressly stated otherwise: (a) the Warranting Party, if a corporation, partnership, limited partnership, or other non-natural Person, is duly organized and subsisting under the laws of the jurisdiction of its incorporation or existence; (b) the Warranting Party has full power and authority to enter into this Contract; (c) the execution or performance of this Contract does not and will not violate or interfere with any other agreement of the Warranting Party, which violation or interference would have a Material adverse effect on the Warranting Party; (d) the Warranting Party is not presently the subject of a voluntary or involuntary petition in bankruptcy, does not presently contemplate filing any such voluntary petition, and is not aware of any intention on the part of any other Person to file such an involuntary petition against it; (e) the Warranting Party is not presently the subject of, nor the proponent of, any Claim that would have a Material adverse effect on the other Party; and (f) the Person(s) executing this Agreement on behalf of the Warranting Party has actual authority to bind the Warranting Party to this Agreement.
H. Survival of Representations and Warranties. The representations, agreements, and warranties made herein shall survive the execution of this Contract and the termination of the Contract (or any right to the extent that this Contract expressly provides for several termination of rights) except as may be expressly indicated otherwise.
I. Jointly Drafted. This Contract shall be deemed for all purposes to have been jointly drafted by the parties hereto. In the event of any dispute hereunder no party shall be entitled to have any provision hereof construed more strictly against any other party hereto.
J. Binding on Successors. This Agreement will be binding upon and inure to the benefit of the Parties and their successors and assigns permitted by this Agreement.
K. Section Headings. The article headings contained in this Agreement are for reference purposes only and shall not in any way control the meaning or interpretation of this Agreement.
L. English Language. The parties have required that this Agreement and all documents relating thereto be drawn up in English.
M. Notice. Whenever in this Agreement notice is required or desired to be given, it shall be given in writing and delivered via hand delivery through a courier requiring a signature, (I would eliminate fax as way to give notice) or mailed by U.S. Mail, Certified or Registered, Return Receipt Requested to the addresses stated in the first page of this Contract. Any party may change the address to which notices is to be sent by giving written notice in accordance with this section.
I understand that Let Medical Systems, Corp. or anyone affiliated with Let Medical Systems, Corp. makes no warranty or guarantee on the safety , fitness or performance of surplus equipment sold or donated i hereby assume all risks in connection with and release Let Medical Systems, Corp. From any liability for damages or injuries arising said equipment sold to me.