ACCEPTANCE OF ORDERS; CONTRARY TERMS: BUYER'S ORDER IS ACCEPTED ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN AND SELLER'S ACCEPTANCE IS EXPRESSLY MADE CONDITIONAL ON BUYER'S ASSENT TO THESE TERMS AND CONDITIONS. IF ANY OF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO BUYER, SELLER MUST BE NOTIFIED PROMPTLY. ANY PROVISION OF BUYER'S FORM THAT IS INCONSISTENT WITH THESE TERMS AND CONDITIONS IS HEREBY OBJECTED TO BY THE SELLER.
PRICES AND QUOTATIONS: Except as hereinafter provided, prices quoted in writing are firm for orders placed within 60 days of the quotation date which call for shipment within 6 months of the quotation date. Prices for orders which do not call for shipment within 6 months of the quotation date shall be the prices in effect at the time of shipment, unless otherwise specifically negotiated at the time of order placement. All prices are F.O.B. Shipping Point, unless otherwise specified. All prices are in U.S. dollars.
PAYMENT; CREDIT; SETOFF: Each shipment shall be a separate transaction and shall be made accordingly. Unless otherwise agreed in writing, payment for products shall be made in advance by credit card or electronic funds transfer. Credit terms may be extended at the sole discretion of SELLER based on purchase and credit history of BUYER. If, in the exclusive judgment of Seller, the financial condition of Buyer at any time does not justify the commencement of or continuance of shipment on the terms specified in advance, Seller may suspend shipment until such payment is made and may cancel Buyer's order if such payment is not received by Seller within 30 days after delivery in person or by mailing of said demand by Seller. If shipments are delayed by Buyer, payments shall become due from the date Seller is prepared to make shipment. Seller may setoff any amount due from Buyer, whether or not under this agreement, against any amount that may become due to Buyer hereunder.
TAXES AND FEES: The prices quoted are subject to any addition which may be necessary to cover any tax, charge or duty now existing or hereafter imposed by federal, state, or municipal authorities upon goods or services herein described, or the production, sale, distribution, or delivery thereof, or upon any feature of this transaction. Buyer shall pay any collection fees and reasonable attorneys' fees incurred by Seller in enforcing this agreement.
DELIVERY; RISK OF LOSS: Delivery of products shall be F.O.B. Shipping Point. Risk of loss and title shall pass to Buyer upon tender of the goods by Seller to the carrier. Any claims for loss or damage after risk of loss has passed as herein provided shall be filed with the carrier. Seller shall retain a security interest in the goods until payment in full is received.
EXCLUSIVE WARRANTY: Seller warrants all parts for a period of 120 days from the date of shipment, unless otherwise specified.
EXCLUSIVE REMEDY; LIMITATION OF DAMAGES: Seller's total liability and Buyer's exclusive remedy under this contract is limited, at Seller's option, to repair or replacement of any part covered by the warranty, for which part shall be returned to the Seller's shipping point, transportation charges prepaid, within 130 days from shipment of such part by Seller and which Seller, at its sole discretion, determines to be defective. Seller shall at its own discretion either replace the defective item or issue credit to the Buyer at the original selling price. Seller is not responsible for warranty replacement or credit due to Buyer's negligence. Seller shall have no liability to Buyer for consequential damages, such as lost profits, lost revenue, damages to other equipment, or liability for injury to a third party.
RETURNS: Except for returns of defective parts under warranty described above, parts shall only be accepted for return if they have not been used or installed. Parts must be returned in the original packaging with seals intact within 90 days of shipment. Returns must be approved in advance by OSI and assigned a Return Authorization number (RA#) prior to shipment. Restocking fees shall apply per the Seller's Restocking Fee Policy (as detailed below) unless previously agreed in writing by an authorized representative of Oncology Services International, Inc.
Returned part received by OSI:
Within 14 days of original invoice—10% of original part price
Between 15 - 30 days of original invoice—20% of original part price
Between 30 - 60 days of original invoice—30% of original part price
Between 60 - 90 days of original invoice—50% of original part price*
* OSI may approve returns greater than 90 days after shipment on an exception basis at their sole discretion.
MISCELLANEOUS: The validity, construction and enforcement of this agreement shall be governed by the laws of the State of Georgia. This constitutes the final, complete, and exclusive agreement between Seller and Buyer on this subject and supersedes any prior or contemporaneous agreements, whether oral or written thereon. No waiver, alteration, or modification of any of the provisions hereof shall be binding on Seller unless in writing and signed by duly authorized representative of Seller and Buyer.