Terms and Conditions ("Terms")
1. Inspection: The Equipment will have been inspected prior to the sale to verify that the Equipment meets all OEM specifications for image quality and condition. The Equipment shall be deemed to be satisfactory upon certification by the inspector. Buyer shall be deemed to have accepted any nonconforming Equipment unless Buyer notifies Seller within 24 hours of delivery of any such nonconformity.
2a. Warranty: This Equipment is sold with the following warranty: Equipment will meet or exceed factory specifications at time of delivery. In the unlikely event the equipment, upon arrival, is found not to be operating to the specifications set by the original manufacturer, U.D.S. will either repair or replace the equipment within 24 to 48 hours (during normal business hours) and will do so at no additional cost to the purchaser. Any warranty related issues that may arise within the warranty period will also be addressed within 24 - 48 hours (during normal business hours). Shipping costs will be the responsibility of the customer for any warranty related issues that occur 30 days or more after the delivery date and that may require shipment to and from UDS or an OEM facility. All equipment must be received and inspected by UDS prior to replacement. The warranty does not cover misuse, abuse, or failure to properly maintain the system to include servicing by anyone not employed or sanctioned by UDS. Parts replaced under warranty shall be of like kind and quality and may be refurbished. This warranty excludes any and all service claims except for the repair or replacement of defective parts and materials during the term of the warranty.
2b. Warranty: The following are specifically excluded from the warranty: Customer data; Damage resulting from unclean power/power surge; Any repairs necessitated by tampering with or otherwise misusing or mistreating the equipment, application system or software by non-authorized representatives; Failure of any supplied product caused by accident, fire, floods, act of war, acts of God, mischief or misuse; Replacement of fuses or re-setting circuit breakers; Improper installation or application of equipment by non-medical personnel; Any unauthorized parts, products, or software
supplied or installed by others; Any product in which the serial number has been defaced, modified, or removed; Software or data loss occurring during repair or replacement; Normal wear and tear.
Final payment, final funding (if applicable) must be completed and received before any warranty claims or technical support issues will be addressed.
2c. Loaner Program: Loaner system (of similar type) to be provided via FedEx overnight (depending on service area) in case of any service event requiring depot repair and only if specified on contract. A return shipping label will be included in loaner packaging and a FedEx pickup will be
scheduled for return. UDS must issue shipping labels for all warranty returns unless indicated otherwise on the contract. If equipment was determined to be mishandled, misused or abused by the customer, customer will be responsible for all shipping costs incurred and labor costs associated with
repair. Loaner equipment must be returned in good operating condition and without operational/cosmetic defects (same operational condition as delivered) or additional fees will apply.
3. Transducer Warranty: UDS reserves the right to inspect any and all transducers prior to warranty replacement and/or warranty repair. Inspection will be conducted by a third party service vendor and the inspection report will be available to both parties. Warranty replacement on any and all transducers will be void if transducers are determined to have been mishandled, dropped or abused.
4. Taxes: Sales tax applicable if sold within the state of California.
5. Offer: This offer is expressly limited to the terms hereof. The terms of this offer may not be modified or altered unless such modification is in writing, signed by Seller. Any additional or different terms purposed by Buyer are hereby rejected and will be of no effect upon Seller unless expressly agreed
to in writing by authorized representative of Seller.
6. Return Policy: Warranty returns will be handled as provided in paragraph 2. UDS must issue shipping labels for all warranty returns unless indicated otherwise on the contract. If equipment was determined to be mishandled, misused or abused by the customer, customer will be responsible
for all shipping costs incurred and labor costs associated with repair. Non‐warranty returns must be received by UDS within 5 business days from the shipment date. UDS reserves the right to charge a restocking fee of up to 25% on all returned items. Ultrasound systems or other special order items
are non returnable unless agreed to in writing by UDS. No credit will be granted for any products returned without a valid return material authorization number (RMA#). Full credit may be given towards exchange of equipment of equal or greater value.
7. Acceptance of Terms: Buyer shall be deemed to have accepted the terms of this offer by signing this agreement or by ordering the Equipment from Seller.
8. Security Interest: Buyer grants Seller a security interest in the Equipment to secure payment in full of the purchase price.
9. Governing Law: The laws of the state of California USA shall govern the enforcement and interpretation of this Agreement and all other issues concerning the sale contemplated herein. Buyer consents to the jurisdiction of California courts and further agrees that the exclusive venue for any
matter relating to payment for the Equipment shall be in the courts of San Diego County, California USA.
10. Default: If Buyer fails to make timely payment of all amounts due Seller, Seller may recover, in addition to the balance due of the purchase price, all of its incidental and consequential damages caused by Buyer's breach, including all fees paid to collection agencies, attorney's fees, and costs of
collection. UDS retains ownership of the unit during the payment period until equipment is paid in full and reserves the right to enter this facility, during normal business hours, and repossess equipment if payments become delinquent and/or are not made in a reasonable timely manner.
11. Entire Contract: This Agreement constitutes the entire contract between Buyer and Seller concerning the Equipment.
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If you have any questions about these Terms, please contact us.