TERMS AND CONDITIONS OF SALE

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Definitions:
The SELLER means Equine Dental Instruments, LLC
The BUYER means the Buyer of Equine Dental Instruments, LLC
The CONTRACT means any contract for the sale of products by the Seller to the Buyer.
The PRODUCT means goods of any description forming the subject matter of this contract, including parts, components and ingredients of any materials incorporated into the product.

Acceptance: These terms and conditions of sale, together with information contained in Seller’s written product order, quotation, acknowledgment and/or invoice, shall constitute the entire agreement and understanding of Seller and Buyer for the purchase and sale of Seller’s products. Buyer must review acknowledgment for accuracy, and notify Seller immediately of any discrepancies. Buyer’s acceptance of delivery of or payment for any product will constitute Buyer’s acceptance of all terms and conditions of sale.

All website orders are processed by credit card at the time of order placement. All phone orders are processed by credit card at the time of order placement. If credit has been extended, in lieu of a credit card, all invoices are payable, in U.S. dollars, thirty (30) days following the invoice date. Seller rejects all additional, different, or modified terms and conditions submitted by Buyer. The Buyer is required to pay an interest penalty of 18% per annum on any overdue amount from the date the payment was due to that on which it was made, and reimburse Seller all costs and expenses (including legal costs) incurred in the collection of any overdue amount. Any payment terms other than those identified above will be indicated in a separate written agreement between both parties.

International Buyers are required to pay by Wire Transfer or credit card. When using a credit card, there is a waiting period; product will not ship until payment has been deposited in Seller’s account.

Orders will be invoiced at price in effect on date order is received. In the case of annual purchase orders, Seller reserves the right to notify the Buyer of price changes. Prices exclude freight, insurance, delivery charges and taxes or duties, unless otherwise expressly agreed upon and indicated in writing.

All orders will be shipped by best means as determined by Seller. The Buyer is responsible for shipping charges.

Orders that are held upon Buyer request will be canceled after thirty (30) days of non-communication by the Buyer. Seller will make three (3) attempts to contact the Buyer during that time period. If no response is received, the order will be canceled.

All prices are subject to change.

Limitation of Company Liability –
1) Seller will not under any circumstances be liable for any claim, liability, expense or cost emanating directly or indirectly for non-delivery or delay caused by weather, industrial action or for any unexpected cause even indirectly affecting the availability of goods. Seller may unilaterally suspend any delivery for any period and/or cancel any agreement of sale without any liability whatsoever in consequence thereof.

2) Seller shall not under any circumstances be liable for any claim, liability, expense or cost arising even indirectly from any fault or weakness in or of the goods whether inherent or not or in respect of faulty or deceptive job practices and the Buyer shall hold harmless and keep indemnified Seller there from.

These Terms and Conditions of Sale, together with the information contained in the written product order, quotation, acknowledgement and/or invoice, shall constitute the entire agreement for the purchase and sale of the products. Acceptance of goods is deemed to be acceptance of these terms and conditions.

RETURN POLICY
Returns must be authorized by Seller. Buyer must contact Seller to receive a Return Authorization Number (RA #) before returning product. When requesting an RA #, the Buyer must provide a clearly detailed explanation as to the reason for the return, and in the case of allegedly defective product, samples and/or photos showing the problem. Seller will approve or disapprove all requests for return and will notify the Buyer within fourteen (14) business days of receipt of returned product.

Shipping address for returns: 200 Main Street, Elmwood, WI 54740

The RA # must be clearly marked on all packages. Any returned product must be shipped to Seller freight pre-paid, at the Buyer’s expense, unless expressly agreed to by Seller.

Products must be returned within fourteen (14) business days of Buyer receipt of goods to qualify for full credit. The product must be in its original packaging, in good, resalable condition and accompanied by the invoice. Shipping costs will not be credited.

After fourteen (14) business days, returned products are subject to a 20% restocking fee which is deducted from the credit due to the Buyer. Product must be in original packaging, in good resalable condition and accompanied by the invoice.

If the return is determined to be due to Seller error, full credit, refund or replacement will be allowed for up to ninety (90) days from invoice date. If the return is due to the Buyer’s error (or Buyer has changed their mind), credit, refund or replacement will be at the sole discretion of Seller.

No requests for Return Authorization Number (RA #) will be accepted after ninety (90) days from the invoice date.

Credit will be given based on the original purchase price and will not be given if the product is used, damaged or missing components.

Return product will be credited to the Buyer either on account or on the credit card used for the purchase.

Discontinued products sold “as is” may not be returned, regardless of age.

Cutting devices such as discs, burrs and blades may only be returned if there is a manufacturing defect, or product is unused and in original packaging in good resalable condition, and accompanied with the invoice.

WARRANTY
Seller offers a ninety (90) day limited warranty on all products. Warranty begins on the date of invoice. Exceptions are listed below:

4-month limited warranty
* De-MaX III
6-month limited warranty
* Magnetic Spec BiteLiteTM
* Dual LED Headlight
* AlumiSpecTM
1-year limited warranty
* Flexi-FloatTM Ultra
* Versa-FloatTM
* Periodontal Unit (High Speed Handpiece Turbine - 6-month warranty)
(Air Abrasion Handpiece - 6-month warranty)

Warranty covers all defects in workmanship or materials for the specified time period listed above from date of invoice. It is the Buyer’s responsibility to maintain and provide proper care for their product. If recommended care and maintenance procedures are not followed, the warranty is voided. This warranty only covers defects arising under normal usage and does not cover any malfunctions, failures or defects resulting from misuse, abuse, neglect, alteration, modification or repairs by anyone other than Seller.

Warranty applies to the Buyer (original purchaser) and may not be transferred.

No warranties of any kind are made beyond the description of the products. Seller hereby disclaims all warranties of merchantability and fitness for a particular purpose. Seller makes no guarantees or assurances as to the results that may be obtained from the use of the products sold to the Buyer beyond the directions for use in the product literature. If for any reason a product is proven defective, damages are limited to the purchase price of the product.

Product returned as defective will not be replaced until product has been determined to be defective by Seller. Please allow up to four (4) weeks for this process.

The Buyer is responsible for shipping the warranty item to Seller for evaluation. Any item found to be defective will be replaced by Seller, including standard shipping back to the Buyer. Expedited shipping requests must be paid by Buyer. If the item is found not to be defective, Seller will contact the Buyer to discuss repairing the product. The Buyer is then responsible for all repair charges and shipping fees.

A $45.00 per hour cleaning fee will be charged to the Buyer if product is sent to Seller with tooth dust and/or biohazard on the equipment. Seller will need to clean the equipment before assessing the product for repairs or warranty.

Under no circumstances will Seller have any liability for the following:
1) Any defects resulting from wear and tear, accidents or improper use or storage after delivery.
2) Any products that have been altered after delivery.
3) Any information in Seller catalogs or other advertising or informational materials since they are intended only to convey a general idea of the product and not to form any part of the contract.

TRIAL AND WET LAB EQUIPMENT
Seller offers equipment for use during a Wet Lab or for a two (2) week trial period. Buyer must contact Seller for authorization for use of the equipment.

The Buyer is responsible for all shipping and handling charges to and from Seller.

Before shipping the equipment, a signed “Buyer Equipment Trial Form” or “Wet Lab Equipment Form” must be on file with Seller. The Buyer must provide a credit card number to retain on file in the event equipment is damaged or not returned.

After the two (2) week trial period is completed. Seller reserves the right to charge the Buyer’s credit card if the equipment is not returned at the end of the trial period, or if equipment is damaged or missing pieces. Shipping time will be taken into consideration.

The equipment must be clean when returned to Seller. A $45.00 per hour cleaning fee will be charged to the Buyer if equipment is returned unclean.

To ensure proper packaging of the equipment, use bubble wrap or packaging materials provided in the initial shipment of the equipment. Wrap each item individually with packaging supplies to protect while in transit.

REPAIRS
Please contact Seller to receive a Return Authorization Number (RA #). Include the RA # on the outside of the package when sending a product in for service.

Send the product, with pre-paid freight, to:
Equine Dental Instruments, LLC
Repair Department
200 Main Street
Elmwood, WI 54740

Include:
• Buyer contact information
• Description of the repair and evaluation concerns

The Buyer is responsible to insure the package for the purchase value in the event it is misplaced or damaged by the courier service.

Buyer is responsible for paying all shipping and handling charges.

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