TERMS OF SALE
These Terms of Sale (the “Terms”) are entered into by and between Inova Purifiers, Inc. (“Inova Purifiers”) and you (“you” or “Buyer”) in connection with the purchase of products offered by Inova Purifiers for sale (“Products”) via the Inova Purifiers web site (the “Site”). The following sets forth the terms of such purchase by Buyer.
- General Terms. Buyer’s acceptance of the Terms of Sale and Inova Purifiers’ obligation to sell the Products to Buyer is subject to the following terms:
(a) Certification of Buyer. By placing an order, the buyer certifies to and agrees to the following:
(i) Buyer has confirmed independently that it is legal to possess and use the items being purchased in Buyer’s location.
(ii) Buyer is at least 18 years of age and of legal age to own and possess the items being ordered.
(iii) Any Products received will be used for their intended purposes only, and only in accordance with Product instructions and manuals.
(b) All Sales Final. You may return and Products within thirty (30) days of receipt if those Products are damaged, non-working or malfunctioning (“Damaged Goods”) at the time you receive them. Upon return of the Damaged Goods to Inova Purifiers, Inova Purifiers will, at its discretion, provide you with either a full refund (not including shipping and taxes) or exchange items for a replacement item of the same model.
In order to provide our low prices and great service, we do not accept any Product returns for refunds, exchange, or credit for any reason, except for reasons specified in these Terms. Please make sure you want what you are ordering before you place your order.
(c) Exchanges. Inova Purifiers will exchange items shipped in error for the correct items only.
(d) Returns. Nothing should be returned to Inova Purifiers without a valid return authorization. All items returned without a valid return authorization will be refused and returned to sender at the sender’s expense. Inova Purifiers reserves the right not to accept any Product for return. All authorized returns are subject to Inova Purifiers’ inspection and acceptance. Use the email form on the Contact page to report a shipping error.
(e) Payment. Prices quoted are cash prices. All orders must be prepaid by credit card. Except where otherwise noted, all prices contained for Products represent the price in United States Dollars and may or may not represent the prevailing price in every area on a particular day. Inova Purifiers cannot confirm the price of an item until ordered.
- Pricing is Final. All pricing is final based on quantity buys.
- Purchases for United States Only. All of our Products are only available for sale and use in the United States. We do not sell any of our Products for resale or export. These commodities, technology or software are subject to the United States Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
- Sales Tax. We do not collect sales tax on orders shipped from us outside the State of Texas. We are required to collect sales tax on all orders shipped or delivered within the State of Texas, unless we have a valid Texas Sales Tax Exemption Certificate on file prior to shipment. We may be required to collect sales tax on direct or drop shipments from our suppliers to some states.
- Order Cancellations. All orders that are cancelled prior to or during shipment will be charged a 25% cancellation fee, plus the shipping, handling, and any other charges incurred processing the order and the return shipping costs and fees if the order is cancelled while in transit or refused at delivery. All items refused at delivery or cancelled while in transit and accepted for return by Inova Purifiers will be charged a 25% restocking fee, plus all return shipping fees and costs. Outbound shipping and handling charges are not refundable. In the case of items sold with shipping and handling included or as part of a promotion, those fees will be assessed and deducted from any allowed credit or refund.
- Shipping and Freight.
(a) Unless otherwise specified, the Products will be shipped per the specifications of Inova Purifiers.
(b) All Products are shipped FOB origin.
(c) Buyer must immediately notify the freight carrier if Buyer receives a damaged shipment.
- Acceptance. Buyer’s acceptance of the Products shall occur when the Products have been delivered to Buyer’s shipping address as listed in Buyer’s order (Buyer’s signature is not required to effect such delivery or acceptance), unless Buyer refuses to accept the Products from the shipper at the time of delivery.
- Excusable Delays. Inova Purifiers will make reasonable efforts to ensure prompt delivery of all Products. However, Inova Purifiers is not liable or responsible for delay or failure to perform any of Inova Purifiers’ obligations under these Terms to make delivery of Products occasioned by: (1) any cause beyond its reasonable control, including, but not limited to, a labor dispute, industry disturbance, fires, unusually severe weather conditions, earthquakes, floods, declared or undeclared war, epidemics, computer malfunctions, civil unrest, acts of terror or piracy, riots, lack of supplies and backorders, delays in transportation, shipping or carrier delays, governmental, regulatory or legal action, acts of God, or other delays or failures caused by third parties; or (2) by acts or omissions of Buyer, including, but not limited to, Buyer’s failure to promptly comply with the terms of payment under these Terms (“Excusable Delays”). The date of delivery must be extended for a period equal to the time lost by reason of any of the Excusable Delays.
- Warranty. Inova Purifiers is not responsible for normal manufacturing defects or for customary variations from quantities or specifications. Inova Purifiers disclaims all representations and warranties of any kind (whether arising by implication or by operation of law) with respect to the Products, including, without limitation, any warranties or representations as to merchantability, fitness for a particular purpose, or any other matter. This section survives the termination or cancellation of these Terms. Please consult manufacturer warranties for any products purchased, and deal with the manufacturer directly.
- Notice. Any notices or communications sent by you to Inova Purifiers pursuant to these Terms must be in writing and sent to the address specified herein or such other address as Inova Purifiers may specify in writing.
All notices will be sent to:
3301 Technology Drive
Plano, TX 75074
- Force Majeure. Inova Purifiers will not be liable in damages for any delay or default in performing any of its obligations under these Terms if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, shipping or carrier delays, and/or any other cause beyond the reasonable control of Inova Purifiers.
- Limitation of Liability. Buyer’s purchase of the Products is subject of the following limitations of liability.
(a) Inova Purifiers’ cumulative liability to Buyer or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to these Terms will not exceed the purchase price paid to Inova Purifiers for the Products.
(b) In no event will Inova Purifiers be liable to Buyer or any third party for any loss or injuries to earnings, profits, or goodwill, or for any incidental, special, punitive, or consequential damages of any person or entity whether arising in contract, tort, or otherwise.
(c) The limitations set forth in this section will apply even if any other remedies fail of their essential purpose. Buyer agrees and acknowledges that the limitations on liability provided in this Section are an essential part of the agreement between Buyer and Inova Purifiers, and are factored into the pricing for the Products.
(d) Any products purchased from Inova Purifiers is done so on the understanding that Buyer and all subsequent users of the Products are fully trained in the use of the equipment, hold the relevant qualifications, and will only use the Products in accordance with all applicable laws and Product guidelines and specifications. Always follow manufacturer’s recommendations as to the safe use and maintenance of the equipment. Prior to the use of any Products purchased from Inova Purifiers, Buyer should determine the safety, suitability, and fitness of the Product for its intended use.
(e) Buyer acknowledges that Inova Purifiers is a reseller only, is not a manufacturer or designer of any Products, and makes no modifications or changes to any Products. By making a purchase from Inova Purifiers, you acknowledge that under no circumstances shall Inova Purifiers be liable for any damages, including, without limitation, injury or death, that result from the use, misuse, or inability to use, or the failure, malfunction or warrantable issue of, any products purchased from this Site. Products may be covered by a manufacturer’s warranty. Please contact the manufacturer if you need service or support. Inova Purifiers will provide you with assistance in contacting the manufacturer upon request.
(f) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
(g) Additional Disclaimers
(a) Statements and Claims. Statements in claims made by Inova Purifiers within any of the literature, advertisements or made verbally (such as improved, increase success, better, consistent) are statements made as advertising claims and any reliance made by the practitioners or users of these statements must take into consideration that results that reported successes were related to controlled scientific experiments and may not be repeatable in all environments, situations, or by all practitioners. The individual procedures, protocols steps utilized by each practitioner may change the results and may not have the same success rates, pregnancy rates or overall results.
(b) FDA Statement. Statements and claims have not been evaluated by the US Food and Drug Administration. The products included in these statements are not intended to diagnose, treat, cure or prevent any illnesses, diseases, disorders or medical conditions.
(c) Literature Disclaimer. The term ‘Literature’ refers to all printed and web-based material. All information contained in our Inova Purifiers literature are for informational purposes only. Inova Purifiers is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within our literature. While the information in our literature is periodically updated, no guarantee is given that the information provided is correct, complete, and up-to-date. Although Inova Purifiers may include links providing direct access to other Internet resources, including Web sites and documents, Inova Purifiers is not responsible for the accuracy or content of this information. Inova Purifiers literature is not intended to constitute a legal or binding relationship. The information contained herein, nor the perusal of it, establishes nor constitutes a fiduciary relationship with Inova Purifiers or its associates. All sales, services, agreements for service, and vendor relationships will be executed via a written contract or letter of mutual understanding. Individuals sending e-mails does not establish a fiduciary relationship of the sender with us or any of its associates or partners. The sender of the e-mail has no expectation of privacy, privilege, or confidentiality either in the content of any message sent.
(d) INOVA PURIFIERS DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL SERVICES AND, AS SUCH, ASSUMES NO LIABILITY FOR INFORMATION CONTAINED HEREIN AND ANY COMMUNICATION OF FACT OR OPINION. THE BUYER AND/OR HEALTH PRACTITIONER (“PRACTITIONER”) ASSUME FULL RESPONSIBILITY FOR THE APPROPRIATE USE OF MEDICAL INFORMATION CONTAINED IN THE PRODUCT AND AGREES TO HOLD INOVA PURIFIERS HARMLESS FROM ANY AND ALL CLAIMS OR ACTIONS ARISING FROM THE BUYER’S AND/OR PRACTITIONER’S USE OF THE PRODUCT. The Buyer and/or practitioner is prohibited from making any promises to the patient of a ‘Shared Risk Financial Program’, “IVF Refund Guarantee” guarantee of outcome, donor programs or similar type of IVF enticement programs. Inova Purifiers does not warranty or guarantee any results, outcome, success rates or the use of the product by practitioners and does not under any circumstances either directly or impliedly to have a contract, agreement or any type of relationship with the patients, their heirs, successors or assigns or can they be implicated in such or any additional implied arrangement. The Buyer and/or practitioner assume all responsibility for the liability for such products and procedures as it relates to any agreements, contracts or promises with the patients, and will under no circumstances be able to transfer the liability of such to Inova Purifiers. The Buyer and/or practitioner are prohibited from making any promises, guarantees or warranties concerning Inova Purifiers, Inova Purifiers products and/or results. At no time are Buyer and/or practitioner considered an agent of Inova Purifiers.
- Governing Law/Forum Selection. These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction. By agreeing to these Terms, all parties irrevocably submit themselves to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute related to these Terms and their enforcement. The parties also hereby waive any challenge to venue they may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties as to any of these Terms.
- Costs of Litigation. If either party to these Terms brings any action against the other party regarding the subject matter hereof, the party bringing the action against Inova Purifiers will be responsible for paying Inova Purifiers’ attorney fees and court costs.
- Severability. If any provision of these Terms is held to be unenforceable, these Terms will be considered divisible and such provision will be deemed inoperative to the extent it is deemed unenforceable, and in all other respects, these Terms will remain in full force and effect; provided, however, that if any such provision may be made enforceable by limitation thereof, then such provision will be deemed to be so limited and will be enforceable to the maximum extent permitted by applicable law.
- No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder will not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- Binding Effect. These Terms are intended to benefit and be binding upon the parties, and their agents, employees, officers, directors, attorneys, legal representatives, beneficiaries, estates, predecessors, successors, parent corporations, subsidiaries, shareholders, branches, assigns, insurers, sureties, and reinsurers.