Terms & Conditions

Partopia Medical LLC Terms and Conditions

 

***  To ensure the safety of our clients and employees, Partopia Medical will not be accepting returns at this time until further notice  ***

 

Acceptance of Order – Acceptance of order is subject to credit approval and acceptance of order by Seller and/or Seller’s supplier and / or agents.  If Buyers credit becomes unsatisfactory to Seller, Seller reserves the right to terminate upon notice to Buyer and without liability to Seller.

 

Prices and Shipments: Unless quoted otherwise, prices for products and services shall be those in effect at time of shipment with shall be made F.O.B. shipping point.

 

Payment Terms: Provided that Buyer satisfies Seller's credit criteria, Buyer shall have fifteen (15) days from the date indicated on each invoice to remit payment. Buyer agrees that time shall be of the essence with respect to Buyer's payment obligations hereunder.  Seller reserves the right, at any time, to impose more restrictive payment terms on future shipments of Goods based on Buyer's payment history or current credit worthiness.  Seller remains title holder of record for all products purchased until payment is received in full

 

Cancellation of Orders: Buyer acknowledges and agrees that any orders for products and / or services accepted by Seller cannot be changed or cancelled or Goods returned for credit, except with Seller's written consent.  Buyer may also be charged a cancellation fee of up to 70% of cost of merchandise. 

 

Return of Goods: Buyer shall request a Return Goods Authorization (RGA) Number from Seller prior to returning any of the Goods to Seller for any reason. Seller shall have no obligation to accept return of any Goods for which it has not issued a Return Goods Authorization Number. All returned Goods must be returned in its original packaging or packaging which has been approved by Seller in advance.

Delay in Delivery: Seller and its agents shall not, under any circumstances, be liable for any delay in or default of any of its obligations hereunder when such delay or default is directly or indirectly caused by or in any manner arises out of any cause beyond its reasonable control and not due to its negligence including, without limitation, fire, flood, accident, act of God, war, embargo, strike, fuel, material and supply shortages or transportation delays.

Taxes: Prices shown do not include sales or other taxes imposed on the sales of goods.  Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price.  Buyer agrees to reimburse Seller for any such tax or provide an acceptable tax exemption certificate. 

Warranties: The sale of each item is subject to the original equipment manufacturer’s standard warranty. The provisions of each Standard Warranty are fully incorporated herein by reference. A copy of the Standard Warranty is available from Seller upon request. Seller makes no warranty and shall have no obligation for any parts, supplies or damage to the Goods caused by or resulting from abuse, misuse, neglect or any unauthorized repair, maintenance or alteration of the Goods. Seller will make available to Buyer all applicable warranties of its suppliers, without recourse to Seller.

Limitation of Liability: Buyer’s remedies this under agreement are subject to any limitations contained in manufacturer’s terms and conditions to Seller, a copy of which will be furnished up written request.  Seller’s liability shall be limited to either repair or replacement of the goods or refunds of the purchase price, all at Sellers option, and in no case shall Seller or its agents be liable for incidental or consequential damage.  All claims for shortages, other than lost in transit, must be make in writing not more than five (5) days after receipt of shipments.

Venue and Jurisdiction: Litigation to resolve disagreements shall be in the following venue, State of California.  Jurisdiction shall be County of Orange, California.

Waiver: The failure of Seller to insist upon the performance of any of the terms or conditions of this contract or to exercise any right hereunder, shall not be deemed to be a waiver of such terms, conditions or right under this contract.

Modification of Terms and Conditions: No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on Seller or its agents without Sellers written consent.

​Page 1 of 1, Partopia Medical LLC 01-19