Terms & Conditions of Sale
These terms and conditions are deemed part of all quotes, agreements, purchase orders, acknowledgments, price lists, and other documents, whether electronic or in writing, relating to the sale of products or services by Omron Healthcare, Inc. Omron Healthcare, Inc. objects to any terms or conditions proposed in Buyer's purchase order or other documents which are inconsistent with, or in addition to, these terms and conditions.
SALES POLICY - All prices are subject to change without notice.
TERMS - Omron Healthcare, Inc. standard payment terms are Net 30 days upon credit approval. All payment due dates are based on the Omron Healthcare, Inc. invoice date. Invoices will be considered paid on the postmarked date on the envelope properly transmitting the check to Omron Healthcare, Inc. All sales are FOB Shipping Point unless otherwise stated in writing. Payments should be mailed to: Omron Healthcare, Inc., Dept CH 17517, Palatine, IL 60055-7517. For Canadian Customers, payments should be mailed to Omron Healthcare, Inc., P.O. Box #3650, Station 'A', Toronto, ON M5W 2K4. Please include invoice number with payment.
MINIMUM ORDER - Minimum order is $250.00 Orders less than minimum will be charged a $50.00 service charge that will be added to the invoice. We do accept Visa, MasterCard and American Express.
CLAIMS - Loss or damage in transit is at Buyer's risk. All claims for breakage, damage or loss must be reported to the carrier within forty-eight (48) hours. Omron Healthcare, Inc. cannot be responsible for any loss, damage, detention or delay caused by the elements, fire, strike, insurrection, riot, shortage of goods or transportation, civil or military authority, or by any other cause which is unavoidable or beyond its reasonable control. ALL OTHER CLAIMS must be submitted to Omron Healthcare, Inc., 1200 Lakeside Dr, Bannockburn, IL 60015, Attn: Credit Department within 30 days for review and investigation to be valid.
RETURNS - 1. No goods may be returned without prior written authorization. All return shipments must be prepaid (Freight Collect returns will not be accepted) and clearly marked with the return authorization number issued by Omron Healthcare, Inc. All authorized returns are subject to a twenty-five percent (25%) restocking charge. Returned goods must be in unused, resalable condition, and may not be older than six (6) months. Damaged items will be billed at full repair costs if original unit cartons are not used for return, or if goods have been improperly packed. In addition, Omron Healthcare, Inc. reserves the right to refuse such shipments. Parts are not returnable for credit. Return authorization is valid for 90 days.
2. Omron Healthcare, Inc.'s Customer Service Department reserves the right to make the final determination as to whether the returned item fits under the specific warranty for the product. Omron Healthcare, Inc. retains the right to use its discretion as to whether product under warranty will be repaired or replaced.
PACKING - The case package shown is standard. There will be an additional charge for special packing where required.
LIMITED WARRANTY - All products distributed by Omron Healthcare, Inc. are subject to limited warranties as stated in the instruction manual included with the product. These limited warranties are extended soley to end users of the products. Any sales to other persons, such as resellers, distributors or others, shall be subject to "no warranty". To obtain warranty service, an end user should contact Omron Healthcare at 1-877-216-1333 or visit our website at www.omronhealthcare.com.
OMRON SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF USE OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR INDIRECT COSTS, EXPENSE OR DAMAGES.
Cancellation. Orders approved and accepted by Omron shall constitute firm commitments of Buyer and are not subject to cancellation or rescheduling. Orders for non-standard Goods not listed in Omron's Catalogs may not be canceled at all, nor will Omron accept return of such Goods for credit.
Indemnities. Buyer shall indemnify and hold harmless Omron and its affiliates, employees and representatives from and against all liabilities, losses, claims, actions, costs, expenses and disbursements (including attorney's fees and disbursements) related to any investigation, litigation, or other proceeding (whether or not Omron is a party thereto) which arises or is alleged to arise from buyer's acts or omissions in connection with the sale of Goods or otherwise under these Terms. Without limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless Omron and defend or settle any action brought against Omron to the extent that it is based on a claim that any Goods made to Buyer specifications infringed intellectual property rights of another party.
Confidentiality. Buyer shall use its best efforts to limit distribution and protect the confidentiality of any information or data provided by Omron or marked or indicated by Omron as confidential or proprietary.
Miscellaneous. (a) Waiver. No failure or delay by Omron in exercising any right and no course of dealing between Buyer and Omron shall operate as a waiver of rights by Omron. (b) Assignment. Buyer may not assign its rights hereunder without Omron's written consent. (c) Law. This Agreement is governed by Illinois law (without regard to conflict of law principles). (d) Amendment. This Agreement constitutes the entire agreement between Buyer and Omron relating to the Goods, and not provision may be changed or waived unless in writing signed by the parties. (e) Severability. If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision. (f) Setoff. All claims hereunder by Omron are subject to setoff by Omron for any counterclaim arising out of any transaction with Buyer. (g) Definitions. As used herein "Agreement" means these Terms plus other documents, terms or conditions provided or approved in writing by Omron; and "including" means "including without limitation."