EASE Diagnostics

TERMS AND CONDITIONS OF SALE - RETAIL

 All orders placed with EASE Diagnostics (phone, fax, mail, verbal, e-mail, e-commerce, etc.), either directly or through a dealer/sales rep, constitute the acknowledgment and acceptance of all of the terms and conditions of sale.

These terms and conditions shall supercede any provisions, terms, and conditions contained on any purchase order, confirmation order, or other writing Buyer may receive or give, and the rights of the parties shall be governed by the conditions hereon.  These Terms and Conditions may be modified from time to time in writing by EASE.  The most current Terms and Conditions published by EASE will be in effect on sales that have been invoiced on or after the modification date.

The above paragraph applies unless EASE specified and/or included other terms and conditions to Buyer in writing in a quote.  In this case, the terms and conditions included with the quote will be in effect for all purchases made from that quote unless Buyer is notified in writing by EASE. 

PRICES: 
Prices are per Quotation or the most current Price Sheet as of the date of invoice and do not include shipping/freight, handling and insurance charges. Pricing is subject to change without notice.  Incorrect prices due to typographical errors are subject to change. In the event of this occurring, you will be notified and will have the option to cancel the order.

TAXES:
Prices are exclusive of all foreign or domestic City, State, or Federal excise taxes, including but without limiting the generality of the foregoing taxes on manufacture, sales, receipts, gross income, occupation, use, and similar taxes.  Where applicable, such tax or taxes may be added to the invoice as a separate charge to be paid by the Buyer.

Consequently, in addition to the prices specified herein, the amount of any present or future sales, use, excise or other general or specific tax, or imports, duties or penalties, or other governmental charges fixed or imposed by any shipment, delivery or use of the products sold hereunder, shall be added to the price and paid by the Purchaser, or in lieu thereof, the Purchaser shall provide EASE with a tax exemption certificate acceptable to the taxing authorities.

PAYMENT:
All orders must be pre-paid unless an approved NET 30 Account is established with EASE. All orders are payable by cash, VISA/MC/Discover/Amex, bank/electronic check, money order, wire transfer or PayPal. All personal/company checks require a 10 day clearing period before goods can be shipped.  All returned checks and credit card charge backs are subject to $30 service fee.  Sorry we do not accept COD shipments. If payment is via wire transfer, A $20 wire transfer fee shall be applied to the purchase price. The Buyer shall also pay all applicable sales and other taxes (other than EASE's income taxes).  Buyer agrees to pay all invoices in accordance with the terms and conditions of EASE's sales policies.  A late charge will be added to all amounts not paid within 30 days from date of invoice at the rate of one and one-half percent (1 1/2 %) per month or eighteen percent (18%) per annum.

You may apply for a NET 30 account on any order with a value greater than $1,000 US.  Upon approval of this application, a 30-Day account (NET 30) will be opened for your convenience.  EASE Diagnostics reserves the right to establish a cap on maximum outstanding balance.  All bills are due in our office within 30 days of the date of each invoice. 

There are no discounts for early payment.    A Net 30 credit application and terms are available by contacting EASE.

SHIPPING/freight and insurance:
Shipments will be sent via UPS, unless specified otherwise. Products are sold FOB Scott Township, PA USA and will be sent to Buyers billing address.  Freight, insurance, duties, and other charges associated with the transport and sales of the product are billed to the Buyer. Shipping rates may change without notice due to rate increases by common carriers. 

Delivery of products to licensed trucker, common carrier, or other recognized delivery service shall constitute delivery to Buyer, and all risk of loss or damage in transit shall be borne by the Buyer. Seller reserves the right to make delivery in installments, unless otherwise expressly stipulated herein.  All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries.  Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.

delivery:
EASE shall use its best efforts to make available all of the Products set forth in an order accepted by it within a reasonable time after such acceptance, and shall promptly notify the Buyer of such availability.  Delivery of the Products shall be made FOB at the point of shipment, with delivery to the initial carrier constituting delivery to the Buyer.  The method, route and cost of shipment shall be in accordance with EASE’s normal method, route and cost of shipment.

FORCE MAJEURE:
EASE shall use its best efforts to make available all of the products set forth in an order accepted by it within a reasonable time after such acceptance, and shall promptly notify the Buyer of such availability.   Estimates as to time of shipment are based upon conditions prevailing at the date of quotations or acceptance of orders and cannot be guaranteed.  Seller shall not be liable for ordinary delays such as may be caused by changing conditions nor for any delay in performance or in delivery or shipment of material hereunder or of any damages suffered by Buyer by reason of such delay, when the delay is, directly or indirectly, caused by or in any manner arises from, fires, floods, accidents, riots, mobilization, war, rebellion, revolutions, blockades, hostilities, Governmental regulations, restrictions, interference or embargoes, strikes, lockouts, differences with workmen, inadequate transportation facilities or other difficulties, shortages of labor, fuel, materials, supplies of power or any other cause or causes (whether or not similar in nature to any hereinbefore specified) beyond Seller’s control.  Any contract entered into pursuant hereto shall be deemed suspended so long as any such causes prevent or delay the execution, Seller agreeing to make and Buyer to accept deliveries whenever such causes have been remedied. 

ACCESS CODES:
Most EASE Diagnostics software is designed to be unlocked with an access code. The access code opens all features purchased by the customer.  Customers with established EASE Credit or under an EASE Financing Plan are given an access code that corresponds with their payment schedule. If payments are not received according to terms, the access code will expire immediately and the features will be non-functional. Once credit has been re-established, a new access code will be given to reopen purchased features.

WARRANTIES
SEE EASE DIAGNOSTICS PRODUCTS WARRANTY

RETURNS
SEE EASE DIAGNOSTICS RETURN POLICY

CHANGES AND CANCELLATIONS:
Orders for goods or services accepted by Seller are not subject to changes or cancellation by Buyer, except with Seller’s consent.  If a change of cancellation is so made it is agreed that all finished goods or services be taken at full contract price, that goods or services in process be paid for at cost plus pro rata profit, and that Seller be protected against loss on materials purchased or on contract for the filling of the order.

ERRORS:
We reserve the right to correct Errors and Omissions. 

Last Revision Date:
2/2/09

Terms_and_Conditions_of_Sale_Retail_020209.doc