Biomet 3i Brochures Site Preparation & Surgical Technologies | Page 79

Ordering Information Some products may not be available outside the U.S.A. Algunos productos no se comercializan fuera de EE.UU. Certains produits ne sont pas disponibles en dehors des États-Unis. Einige Produkte sind außerhalb der USA nicht erhältlich. To Place an Order: Contact your local BIOMET 3i Representative or call: BIOMET 3i Customer Service Monday–Thursday 8am–8pm (EST) Friday 8am–6:30pm (EST) 800-342-5454, Fax 561-776-1272 In Canada: 800-363-1980, Outside US: 561-776-6700 TERMS AND CONDITIONS OF SALE. The following are the terms and conditions by which BIOMET 3i sells its products. GOVERNING TERMS. Any shipment of products shall be deemed to be on the terms and conditions stated herein. Any and all terms and conditions submitted by Purchaser are hereby rejected. TAXES. The prices set forth herein do not include any sales, use, excise, ad valorem, property or other taxes applicable to the sale, use or delivery of the products, all of which shall be paid by Purchaser separately or added to the contract price and paid by Purchaser to BIOMET 3i. PRICES. The prices set forth for the products are in United States Dollars. DELIVERY. Products sold hereunder shall be delivered by BIOMET 3i, F.O.B. Palm Beach Gardens, Florida. PAYMENT. Payment terms shall be as set forth under the Terms section on front of the invoice. WARRANTY. BIOMET 3i nor any of its affiliates make any warranty, express or implied, except that its products shall be free from defects in material and/or workmanship. This warranty applies only to the original Purchaser. In the event of a product defect, immediately notify BIOMET 3i of the defect prior to returning the product. Devices shall be sterilized prior to return. As its sole obligation and as Purchaser’s sole remedy under this warranty, BIOMET 3i will, at its option, either repair, replace or issue credit for such products. Purchaser assumes all risks and liability resulting from the use of these products, whether used separately or in combination with other products. Except for the warranty expressly described in the warranty paragraph above, neither BIOMET 3i nor any of its affiliates makes any other warranty with respect to the BIOMET 3i Products, expressed or implied, written or oral, including, without limitation, any implied warranty of merchantability, or a warranty of fitness for a particular purpose. EDUCATION; MODIFICATION OF PRODUCTS. BIOMET 3i reserves the right to modify products, discontinue products and change specifications of products. RETURN POLICY. A Purchaser may return any BIOMET 3i Product within 90 days of the invoice date. BIOMET 3i Products returned within 60 days of the invoice date will be accepted without any re-stocking fee to the Purchaser. BIOMET 3i Products returned between 61 and 90 days of the invoice date will be subject to a 15% restocking fee. A BIOMET 3i Product will be accepted for return only if the BIOMET 3i Product is (1) returned in its original, unopened package (including autoclavable products); (2) received by BIOMET 3i within 90 days after the invoice date for that product; and (3) returned freight prepaid to 4555 Riverside Drive, Palm Beach Gardens, Florida 33410, (Attention: Returns Department) accompanied by the BIOMET 3i Return Authorization Number provided by the BIOMET 3i Customer Service Department. Purchaser should be advised that BIOMET 3i Products not meeting the above criteria will not be accepted for return. EXCHANGE POLICY. BIOMET 3i Products may be exchanged within 180 days of the invoice date, without a re-stocking fee, for other BIOMET 3i Products of equal or lesser value within the same product family as determined by BIOMET 3i (ex. implant for implant, abutment for abutment, membrane for membrane). BIOMET 3i Products may be exchanged within 180 days of the invoice date for other BIOMET 3i Products of greater value within the same product family as determined by BIOMET 3i (ex. implant for implant, abutment for abutment, membrane for membrane), with the price differential paid by the Purchaser. In both cases, the exchanged BIOMET 3i Product must be (1) returned in its original, unopened package (including autoclavable products); (2) a currently offered BIOMET 3i Product (discontinued product not included); and (3) returned freight prepaid to 4555 Riverside Drive, Palm Beach Gardens, Florida 33410, (Attention: Returns Department) and accompanied by the BIOMET 3i Products Return Authorization Number provided by the BIOMET 3i Customer Service Department. AVAILABILITY OF PRODUCTS. All products are not available in all areas. Any offer or product void where prohibited by law. EXPORT CONTROL. All products are subject to all applicable export control and sanctions legislation. FORCE MAJEURE. BIOMET 3i shall not be liable for any loss or damage due to failure or delay arising out of any cause beyond the reasonable control of BIOMET 3i. In the event of any failure or delay resulting from such causes, an equitable adjustment of delivery and any other appropriate terms and conditions shall be made. No such failure or delay shall be the basis for an increase of obligation by BIOMET 3i nor any termination by the Purchaser. LIMITATION OF LIABILITY. Under no circumstances shall BIOMET 3i nor any of its affiliates be liable for business interruption, loss of profits, special, indirect, incidental or consequential damages of any nature and from any cause whether based in contract, warranty or tort (including negligence) or other legal theory, even if BIOMET 3i has been advised of the possibility of such damages. VALIDITY. If any provision of these Terms and Conditions is found to be illegal or unenforceable in any respect, such illegality or unenforcibility shall not affect any other provision of these Terms and Conditions, all of which shall remain enforceable in accordance with their terms. GENERAL PROVISIONS. The purchase of the products and these Terms and Conditions are governed by the laws of Florida without regard to conflicts of law principles. This document incorporates all oral and written representations between the parties and constitutes the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes any and all other agre