Modification of Terms These Terms & Conditions may be changed by SI from time to time, and without actual notice to you, unless you have a separate signed agreement. Any such amended Terms & Conditions shall be effective upon posting. You are advised to regularly review any applicable Terms & Conditions.
Warranty SI will not warranty any MRI Stereo Sound System unless installed by SI personnel or a trained factory OEM. Installation by a third party of ANY and ALL Accessories voids the 1-year warranty offered by SI. There is a 90 day limited warranty on parts, if not installed by SI personnel. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacturer (“OEM”) specifications, or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at SI’s (SI) option. Any warranty claim must be made, by written notification to SI within the warranty period of shipment date. Any defective part subject to a warranty claim must be mad, by written notification to SI and authorized by SI’s Customer Service department prior to returning the damaged or defective part to SI. In the event Buyer receives a damaged product, Buyer must notify SI in writing within 3 days of receipt of such product. Thereafter, the part must be returned to SI within 14 days of provision of such written notice to SI; otherwise, Buyer will be billed any replacement part price, plus the full price of the item not promptly returned.
Shipping Policy The Buyer shall be responsible for all duties, taxes, interest, and other charges due on purchased Products and it is highly recommended that Insurance for the item be obtained from the Freight Company, or from an independent insurance provider. Any damages that occur during shipping / transportation of the item purchased is the responsibility of the Buyer upon leaving SI’s premises. Products shipped in error by SI, promotional products such as free trials, and non-conforming products will get full credit if returned within 30 days. Special order Products and custom products may be subject to 50% restocking fees.
Hold Harmless SI is not responsible for any lost or damaged items shipped to or from SI locations. Buyer takes full responsibility for item sent or received by SI. Warranty will be voided unless parts are installed by SI personnel or factory trained OEM engineer.
Payment Terms on Parts and Repair Buyer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to SI, at SI’s discretion. Payment due dates are based off of the day the part leaves SI’s facility. After 30 days, or per Credit Card Application, if payment is not received, there will be a fixed 12% service charge on any amounts due to SI for any parts and/or services provided, or the maximum amount allowed by law. In the event that the unpaid balance goes to collections, Buyer will be responsible for all costs associated with collections, including but not limited to attorney fees incurred. If for any reason a check is returned for insufficient funds there will be a charge of $250.00 per returned check.
Confidentiality The Terms & Conditions of your agreement are confidential and shall not be disclosed except as necessary to the performance of this agreement or as required by law. SI’s communications with prospective Buyers are to be handled exclusively through SI unless otherwise directed by SI in writing. SI agrees to limit any discussions during inspection or in the course of due diligence to technical or logistical issues, and further expressly agrees to NOT discuss any financial issues with prospective Buyers.
Limitation of Liability The parties agree that SI shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment or the Product, or the provision of medical services utilizing the Equipment.. SI shall not be liable for any Equipment failures or malfunctions caused by Buyer’s failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall SI’s total liability in damages or otherwise exceed the total of the payments, if any, received by SI from Buyer for the services furnished or to be furnished pursuant to the Agreement. In no event shall SI be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. Buyer hereby agrees to indemnify hold harmless and defend through counsel of SI’s choice SI and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney’s fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. SI specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever.
Dispute Clause All sales transactions are governed by California law. Any disputes arising out of or related to sales of equipment shall be brought exclusively in the state or federal courts located in San Diego, California. The parties consent and submit to personal jurisdiction and venue in the state or federal courts located in San Diego, California.
If SI is required to institute legal proceedings to collect any sums due as a result of sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorney fees and costs incurred.
Waiver Failure by a party to assert its rights upon any default of the Agreement shall not be deemed a waiver of such rights, nor shall any waiver be implied from the making of any payment hereunder.
Severability If any term, provision, covenant, or condition of the Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and not invalidated, and application of such provision(s) to persons, entities, or circumstances shall be interpreted so as best to reasonably effect the intent of the Parties.
Misc. The sale price is in US Dollars and does not include applicable sales or state taxes, which are the responsibility of the Buyer. Buyer agrees to purchase the Product described above and by signature indicates acceptance in its entirety of all Terms & Conditions set forth in the Agreement and the attached Terms and Conditions. Buyer ‘s acceptance acknowledges that the Buyer has read, fully understands, and is in agreement with the conditions set forth in the Agreement and the attached Terms and Conditions and the information contained therein.
Sound Imaging (SI) reserves the right to sell products and services directly to government agencies. Under no circumstances shall a distribution channel, Buyer, individual, company, organization, planning group have the expressed or implied authority to distribute Sound Imaging (SI) products, services, installation packages directly to including but not limited to government facilities, government contract, government solicitations, government hospitals, governments projects. Doing so would be in violation of Sound Imaging (SI) distribution policies and considered gray market sales in violation of federal government contracting policies and solicitation practices
Headings The headings of the sections of the Terms & Conditions are used for convenience purposes only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms & Conditions.