Terms and Conditions
Buyer acknowledges that by: (a) signing this Quote/Order/Purchase Agreement (hereinafter the “Agreement”) and delivering it to Sentient Lasers, LLC
(hereinafter “SL”); and/or (b) paying the purchase price to SL for the products and/or services set forth above, Buyer has accepted the terms and conditions contained in this Agreement. By signing this Agreement, Buyer also represents, knowing that SL is relying thereon, that: (a) the credit card information Buyer provided to SL above is for a credit card that Buyer owns, controls and/or has the authority to use for this transaction; and (b) Buyer shall promptly pay SL for all of the costs, losses and expenses it incurs (including, without limitation, actual attorney fees and collection agency fees) if Buyer’s above referenced representation regarding the credit card is false and/or SL is forced to engage in collection efforts to receive the purchase price in full. SL will not accept the return of any Products as settlement for the debt incurred hereunder and will only accept payment in full.
SL objects to any attempt by Buyer to insert any additional or different terms pertaining to the sale of the products and/or services hereunder. Buyer agrees that no such attempts by Buyer can be construed as SL's acceptance of any additional or different terms. Buyer and SL agree that the terms of this Agreement can only be changed, altered, modified, amended or added to by a subsequent writing that specifically refers to this Agreement and which is signed by an authorized representative of Buyer and SL's CEO or President. Any purported changes, alterations, modifications, amendments, or additions to this Agreement that do not precisely fulfill this requirement are not valid.
SL's Limited Warranty
Unless a different time period is expressly stated in writing in this Agreement, SL warrants that the product(s) being sold to Buyer identified above (hereinafter “Product” or “Products”) will be in good working order upon Delivery (as that term is defined below) and for a period of thirty (30) days immediately following the date of Delivery (hereinafter the “Warranty Period”).
Buyer acknowledges that SL's above referenced Limited Warranty will be invalidated if any Product is: (1) installed, modified or repaired by anyone other than a facility or technician approved by SL in writing in advance of the installation, modification and/or repair; (2) handled, maintained or used in a manner that is inconsistent with and/or contrary to the original manufacturer’s and/or SL's recommended procedures and/or instructions; (3) damaged through misuse, negligence, accident or abuse by Buyer, its employees, agents or representatives; and/or (4) damaged by any external causes outside of SL's control, including but not limited to, damage due to moving the Products from one location to another, power failure, earthquake, flood or fire. Buyer acknowledges that the Products being sold are medical lasers, acquired by SL in used condition and are being resold by SL in their "as is"
Buyer acknowledges that SL is not bound by any warranty that may be set forth in the manufacturer’s written materials that would have applied had Buyer purchased the Products directly from the manufacturer in their unused state. Other than the Limited Warranty set forth above, SL EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND/OR IMPLIED FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. Buyer acknowledges that Buyer has not relied upon any warranty other than the Limited Warranty set forth above
To be eligible for the service under SL's Limited Warranty set forth above, Buyer must, within forty-eight (48) hours after discovering that the Product(s) are not in good working order and within the Warranty Period: (i) notify SL in writing which specific Product(s) or part are not in good working order and describe the facts and circumstances relating to the alleged failure of the Product(s) or part (hereinafter “Warranty Notice”); and (ii) return such Product(s) or part to SL within thirty (30) days of the Warranty Notice for inspection and evaluation through SL's designated custom broker to an authorized SL service location, unless SL expressly advises Buyer in writing that it is not required to return such defective Product(s) or part. Before returning any Product or part to SL, Buyer must obtain a return authorization number from SL. Buyer shall return the Product(s) or part in their original packaging marked with the return authorization number and in resalable condition. At SL's sole discretion, SL may evaluate and/or service the defective Product(s) or part at Buyer’s place of business.
Upon receipt, inspection and/or evaluation of the defective Product(s) or part, SL will determine, in its sole discretion, whether to: (i) repair the Product(s) or part; (ii) replace the Product(s) or part; and/or (iii) refund an equitable portion of the purchase price Buyer paid for the Product(s) or part. SL will notify Buyer in writing of the election it makes. The foregoing remedies are SL's sole obligation and Buyer’s sole remedy for any claim made under the Limited Warranty set forth in this Agreement. Buyer acknowledges that unless SL states in writing otherwise, SL will utilize used parts to make any necessary repairs or replacements.
If SL elects to repair or replace any defective Product(s) or part Buyer returns to SL shall, within a reasonable time after receiving those Product(s) or part, make such replaced or repaired Product(s) or part available for shipment to Buyer Ex Works from SL's facility. If SL elects to refund an equitable portion of the purchase price of such Product(s) or part, as determined by SL in its reasonable discretion, SL will issue that refund to Buyer within a reasonable time after SL has received the returned Product(s) or part from Buyer.
Provided Buyer has given SL Warranty Notice within the 48 hour period referenced above and the Products are not in good working order upon Delivery (as that term is defined below), SL will make the shipping arrangements for the Products and pay for all of the shipping costs to and from the Buyer for service under SL's Limited Warranty. Similarly, provided: (a) Buyer has given SL Warranty Notice within the 48 hour period referenced above, (b) Buyer has paid SL to install the Products; (c) said installation takes place within two weeks of the date of Delivery; and (d) the Products are not in good working order within said two week time frame, SL will make the shipping arrangements for the Products and pay for all of the shipping costs to and from the Buyer for service under SL's Limited Warranty. In all other situations in which Buyer has timely given SL Warranty Notice and timely returned the Products, Buyer shall make the shipping arrangements for the Products and pay for all of the shipping costs to SL for service under