Iradion Laser, Terms and Conditions of Sale

The following terms and conditions apply to the sale of any and all Iradion Laser, Inc. products:


Price

All prices listed are U.S. dollars, F.O.B. shipping point is the Rhode Island, U.S.A. factory, unless otherwise agreed. Iradion Laser, Inc., herein referred to as Iradion™, reserves the right to change specifications, models or prices without notice and without liability for such changes. Where price or specification changes have occurred, prices and specifications prevailing at time of acceptance of your order will apply. Prices do not include shipping, taxes, duties, tariffs, etc. These cost will be in addition to the products ordered.


Terms:

Terms of sale are net 30 days unless otherwise noted. All past due accounts are subject to a finance charge of 1 1/2% per month, 18% per annum, or the maximum amount permitted under state and federal laws.


Title, Risk of Loss:

Title to the merchandise shall remain with Iradion until this invoice is paid in full. Notwithstanding the fact that title to the merchandise remains with Iradion until this invoice is fully paid, risk of loss or damage to the merchandise herein passes to Customer at the time that delivery of the said merchandise is made to a carrier at manufacturers shipping point.


Shortage, Error, Damage:

All claims for shortage, errors, or damage in or to the merchandise shall be sent to Iradion in writing within 48 hours from the delivery of the merchandise. A failure to send such claim within said period shall constitute an acceptance of the merchandise as complying with any and all terms and conditions covering the sale of same.


Cost of Collection, Dispute Resolution:

In the event that this invoice is not paid within the time-frame set forth above, and Iradion engages an attorney or other agent to enforce collection of this invoice, Customer agrees to pay all expenses and costs of collection. Customer further agrees that any dispute arising in connection with the merchandise or associated invoices will be heard exclusively in the federal and/or state courts located in the state of Rhode Island, USA; this agreement shall be governed by the laws of the state of Rhode Island without regard to its conflict of law rules. Customer hereby consents to personal jurisdiction and venue in those courts and irrevocably waives any objection to such jurisdiction and venue.


Return of Merchandise:

Discrepancies should be reported within thirty (30) days of receipt of shipment. No returns will be accepted unless a Return Material Authorization (RMA) number has been obtained from our Order Administration Department. Return goods are to be prepaid to Iradion. Iradion will pay shipping back to customers' site.


Cancellations:

Any order for standard products accepted by Iradion and cancelled by the customer prior to shipment shall be subject to a cancellation charge of fifteen percent (15%) of the order value to cover costs of processing and order handling. Cancellation thereof within thirty (30) days after shipment shall be subject to a cancellation and restocking charge of thirty percent (30%) of the order value for products which have not been installed. No other orders may be cancelled except by mutual agreement in writing.


Warranty:

Equipment manufactured by Iradion is guaranteed to be free of defects in materials and workmanship for a period of one year (12 Months) from the date of purchase. Warranty does not apply to any defect caused by negligence, misuse (including environmental factors), accident, alteration, or improper maintenance. Iradion will pay round trip shipping using Iradion's preferred shipment methods for any approved warranty claim made within 45 days of receipt of goods. After 45 days but within the warranty period, Iradion will pay the cost of shipping any repaired or replaced unit to Customer, but Customer must pay the cost of shipping to Iradion. In order to maintain this warranty, Customer must ensure that all merchandise is operated under the conditions set forth in the applicable documentation and that only authorized Iradion replacement parts are used. This warranty is void if these requirements are not met. Iradion will not be responsible for any warranty or representation made by any third party.


Other Warranties:

With respect to equipment supplied, but not manufactured by Iradion, the warranty obligations of Iradion shall in all respects conform to, and be limited to, the warranty actually extended to Iradion by its supplier, and then only to the extent that Iradion is able to pass such warranty along to Customer or act on Customer's behalf in obtaining warranty service.