TERMS AND CONDITIONS OF ACCEPTANCE OF ORDERS RECEIVED BY HEALING LIGHT SEMINARS, INC. (HLS)
These are the terms upon which HLS sells bio-electromagnetic devices, laser devices, LEDs, books (goods) manufactured and/or distributed by itself or from the following manufactures, Apollo Laser Products, Curatronic, Ltd., Irradia, LLC, Laserneedle EG GmbH, Medical Laser Systems, and Quantum Devices, herein referred to as MANUFACTURER to you:
1. PURCHASE PRICE – The Purchase Price of the goods is as set forth in the Sales Order and does not include shipping and taxes. UNLESS OTHERWISE STATED, HLS shall be entitled to receive payment in full of the Purchase Price within 30 days of the date of the Sales Order, or prior to shipping, whichever is sooner. Only signed orders supplied on HLS Sales Order form are accepted, and all sales are final 30 days after shipment of goods to the customer.
2. RETURNS & REFUNDS – The goods may be returned within thirty (30) days subject to the following conditions: (a) Goods are to be returned to the manufacturer as so noted above in original condition via UPS 2nd Day Air at customer’s expense, and (b) Goods are to be securely and protectively packed in the original packaging. For goods returned within seven (7) days of original shipment a full refund of the purchase price will be promptly issued. For goods returned after seven (7) days and within thirty (30) days a refund of the purchase price of the goods minus a 10% restocking fee will be promptly issued as long as the returned goods are in original condition. No refunds will be issued for goods not returned in accordance with these conditions or if returned after a period of 30 days from initial shipment to the customer. No refunds are issued on books or accessories.
3. DELIVERY – Products shall be shipped via USPS Registered /Return Receipt Standard Mail with a receipt date no more than 7 days from date of purchase excluding weekends and holidays. Should a different mode of shipment be desired by customer, sender will provide an agreement in writing to customer prior to finalization of sale. The parties agree that risk shall pass to you or to your nominated carrier for transportation upon MANUFACTURER either delivering the goods to you or upon the MANUFACTURER delivering the goods in accordance with your directions. Under these circumstances, delivery shall be complete and you shall be deemed to have accepted the goods notwithstanding that you are not physically present at the place or time of delivery and notwithstanding that there has been no receipt obtained for the goods upon delivery. The expected date for delivery or installation is an approximation only and while the MANUFACTURER shall use its best endeavors, at all times, to meet such dates, you shall not be entitled to claim damages, compensation, or to rescind the Agreement if the MANUFACTURER fails to deliver the goods on the stated dates AND FURTHERMORE HLS shall not be liable to you or to any other person for any loss or damage whether directly or indirectly caused or arising out of any delay or failure to deliver the goods on the date specified. Where delivery of any goods requires an export license or other authorization before shipment, neither HLS nor the MANUFACTURER shall be responsible for any delay in delivery due to delay in, or refusal of, such license or authorization. In the event that the MANUFACTURER is unable to deliver the goods within a period of thirty (30) days from the date specified, the HLS may, by giving written notice to you, terminate this Agreement prior to delivery and neither party shall have any right of action or claim for damages as against the other. Notwithstanding any provision to the contrary herein contained, ownership and title to the goods shall not pass to you and shall remain with the MANUFACTURER until such time as the goods have been paid for in full.
4. REPRESENTATIONS AND WARRANTIES – The parties to this Agreement specifically agree that all the terms, conditions, and warranties herein contained shall represent the whole of the Agreement as between the parties AND FURTHERMORE you acknowledge that you do not rely upon any other representation made by HLS or any other persons representing the MANUFACTURER or any person concerning the merchantability or fitness for purpose of the goods. MANUFACTURERS’ intended purpose for laser & LED goods is to emit energy in the visible and/or infrared part of the spectrum to provide temporary relief of muscle and joint pain and stiffness, arthritis pain, or muscle spasm. By signing the Sales Order you confirm that you are licensed by law to use or order the use of the goods AND FURTHERMORE that you comply or intend to comply with all State and/or Federal regulations and laws as may apply in respect of your ownership and/or use of the goods including professional credentialing, licensing and/or registration.
5. WARRANTIES – (a) MANUFACTURER hereby warrants that the goods including every major component part thereof is free from defects in materials and workmanship at the time of delivery and such materials and workmanship shall be warranted for the warranty period, and it shall be the responsibility of you to inquire as to the warranty period for the goods hereby sold and as to the other terms of the warranty given. MANUFACTURER or HLS shall upon request supply you with full details of the warranty period, the terms of the warranty and the extent to which the warranty covers the parts, labor and the goods themselves. (b) Liability for breach of any warranty or term or condition contained in Part A hereof shall be limited (at MANUFACTURERS option) to the repair or replacement of the goods by the MANUFACTURER, and neither HLS nor MANUFACTURERS, except to the extent provided in this sub clause, shall be liable to you or any third party whatsoever arising either directly or indirectly from any such breach of warranty or from any defective or faulty components or materials or workmanship in the goods or with respect to their installation. (c) Subject to any qualification in the warranty, the MANUFACTURER shall be required to service free of charge any defect in materials or workmanship which may occur during the warranty period PROVIDED. HOWEVER, that in the event of MANUFACTURER servicing the goods and concluding that the cause of such service is not any defect in materials or workmanship, then you shall pay the costs of the MANUFACTURER providing such service.(d) You shall notify the MANUFACTURER of any defect in the material or workmanship of the goods within seven (7) days of becoming aware of such defect and such notification shall be confirmed in writing (for the purpose of this Clause writing shall include any letter, email or fax with verified delivery and shall show: 1. the date of delivery of the goods; 2. full details of the alleged defects and faulty parts). You shall not use the goods in any way whatsoever after you become aware of any defect or fault in the goods until the goods have been repaired or replaced by the MANUFACTURER. In the event of your using the goods after you become aware of any fault or defect and prior to the goods being repaired by the MANUFACTURER, then you shall indemnify the MANUFACTURER and keep SAME indemnified from any claim made by any person whatsoever against the MANUFACTURER or HLS for damages arising out of injury to any person or property where such injury to any person or property is a direct or indirect result of the use or misuse of the goods, and you shall have no claim against the MANUFACTURER or HLS with respect to such defects or any consequential damage or liability flowing there from. (e) You shall not take any steps to repair the faulty goods or any part thereof without the express written consent of the MANUFACTURER. In the event of your endeavoring to carry out such repairs without the MANUFACTURER’s consent then, in such circumstances, the MANUFACTURER’s liability to repair the goods will no longer apply and neither the MANUFACTURER nor HLS shall be under any obligation whatsoever to you to repair or replace the said faulty goods.
6. EXCLUSION OF OTHER WARRANTIES – All other warranties which would otherwise be included by law, whether those warranties are expressed or implied pursuant to general law, or by virtue of any statute, are hereby excluded. The warranties given in these Terms and Conditions are the only warranties given. HOWEVER to the extent to which by any statute (whether State or Federal) there is a warranty which applies to this sale of goods irrespective of the agreement of the parties to exclude the same then, this paragraph shall not be interpreted as purporting to exclude the operation of such warranty or warranties and such warranties shall apply.
7. DEFECT OR DAMAGE TO THE GOODS CAUSED BY THE CUSTOMER – The warranties given in the Agreement shall not apply to any defect, fault or malfunction of the goods where it is a direct or indirect result of: (a) lack of proper maintenance or care of the goods; (b) incorrect or unreasonable use of the goods; (c) failure by you to carry out or to observe instructions or directions given by the MANUFACTURER; (d) unauthorized modifications or repairs attempted or carried out by you or some other person on your behalf; or (e) faulty or defective electrical wiring, walls or structures where the goods are used.
8. SAFETY WARNINGS – You shall communicate, transmit or otherwise provide safety warnings to Persons using, prescribing use or receiving treatment of the Product as defined in MANUFACTURER’s Operating Manual for Product. You shall advise the user of the Product of the user’s sole and complete responsibility to safely use, prescribe, recommend, apply or otherwise dispense patient treatments using the Product.
9. APPLICABLE LAW – The applicable law to this Agreement shall be the laws of the states of California with respect to APOLLO products, North Carolina for Irradia products, Connecticut for Medical Laser Systems products, Wisconsin for Quantum Devices products and Florida for Curatronic Products. You agree to comply with all export laws and restrictions and regulations of the United States or foreign agencies or authorities, and NOT to export or re-export the Product or any direct product thereof. Date – April 21, 2011