TERMS & CONDITIONS
1. AGREEMENT These Standard Terms and Conditions of Sale (“Terms and Conditions”) are a part of the written order (“Order”) between the purchaser specified in the Order (“Buyer”) and FareTec Inc. d/b/a “Responder Products” (“FareTec Responder Products”) for Buyer’s purchase of products (“Products”) from FareTec Inc. FareTec Inc. will not be bound by any term, condition, or provision which is different from or in addition to these Terms and Conditions which is proffered by Buyer in any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless FareTec Inc. agrees to such provision in writing. FareTec Inc. acceptance of any Order by Buyer is expressly conditioned on Buyer’s agreement to these Terms and Conditions. Buyer acknowledges that Product specifications are subject to change at any time without notice to Buyer.
2. PURCHASE AND SALE FareTec Inc will sell to Buyer, and Buyer will accept and pay for all Products ordered by Buyer pursuant to an Order which has been accepted by FareTec Inc. All Orders are subject to acceptance by FareTec Inc in writing.
3. SHIPPING AND DELIVERY Unless otherwise agreed to by FareTec Inc in writing, all Orders submitted by Buyer will be shipped FOB point of shipment using a commercial carrier selected by FareTec Inc.
4. DISTRIBUTOR PRICE AND PAYMENT Buyer will pay FareTec Inc the prices specified in FareTec Inc pirce list or website in effect on the date that the Order is accepted by FareTec Inc. All prices are in United States dollars, FOB point of shipment, and do not include any sales, use or other taxes. Buyer will pay or reimburse FareTec Inc for all shipping costs, taxes and other amounts payable to governmental authorities in connection with the applicable transactions or will provide FareTec Inc with an exemption certificate satisfactory to FareTec Inc. Prepayment is required for the first two orders submitted by Buyer (Visa®, MasterCard®, or American Express®). After establishing credit, asset forth above, Buyer will pay the amount set forth on FareTec Inc invoice within thirty (30) days from the date of such invoice. Any amount not paid within such thirty (30) day period will be subject to a finance charge equal to 2%, determined and compounded daily from the date due until the date paid. Payment of such finance charges will not excuse or cure Buyer’s breach or default for late payment. Buyer will reimburse any costs or expenses (including reasonable attorneys’ fees) incurred by FareTec Inc to collect any amount not paid when due. FareTec Inc may accept any payment in any amount without prejudice to FareTec Inc’s right to recover the balance of the amount due or to pursue any other right or remedy.
5. MINIMUM SALES PRICE Buyer agrees not to advertise or sell any of the Products below the lowest allowable retail price listed in FareTec Inc Distributor Pricelist. This includes, but is not limited to, sales and advertising utilizing print, web, radio, television and other media, and includes sales and advertising at tradeshows and conventions.
6. LIMITED WARRANTY; REMEDIES AND RETURNS FareTec Inc warrants each Product to be free from defects in performance for its intended use for a period of one (1) year (the “Warranty Period”) from its initial sale to Buyer. In the event of failure of a Product during the Warranty Period, FareTec Inc will, at its option, repair or replace such failed Product free of charge except where a Product has been subject to abuse, accident, alteration, medication, tampering, negligence or misuse. Products returned to FareTec Inc by Buyer shall be accepted only with a returned material authorization number obtained from FareTec Inc subject to the following: (a) Products returned after thirty (30) days are subject to a twenty percent (20%) restocking charge; (b) Products returned must be shipped to FareTec Inc freight prepaid and must be in sellable condition and in current stock by FareTec Inc; (c) Products held for more than one hundred eighty (180) days from the date of invoice by FareTec Inc may not be returned by Buyer; (d) Products with an expiration date held for more than sixty (60) days from the date of invoice by FareTec Inc may not be returned by Buyer; and (e) Products that are custom labeled and/or packaged may not be returned by Buyer. Damages or shortages should be noted on all freight bills and reported immediately to FareTec Inc. If damage is discovered upon opening containers, buyer should notify the freight company and request a concealed damage inspection report. No adjustment by means of credit or a duplicate shipment can be made until FareTec Inc received the damaged shipment or proper documentation of shortage. Orders placed for custom labeled and/or packaged products are noncancelable. Additionally, customer must take delivery of finished goods produced under custom orders within 60 days of being manufactured.
7. PRODUCT LIABILITY INDEMNIFICATION FareTec Inc will defend and indemnify Buyer against any third party claim arising out of bodily injury or death, if and to the extent
caused by any defect in the design or manufacture of the Products, provided that Buyer: (a) gives FareTec Inc prompt written notice of the claim; (b) allows FareTec Inc to assume control of the defense and settlement of the claim; (c) assists and cooperates with FareTec Inc in connection with the defense and settlement of the claim; and (d) does not settle the claim without FareTec Inc prior written consent. This paragraph will not apply to any claim arising out of the negligence of Buyer or any third party.
8. DISCLAIMER AND RELEASE The warranties, obligations, and liabilities of FareTec Inc and the remedies of buyer set forth in these terms and conditions are exclusive and in substitution for, and buyer hereby waives, releases and disclaims, all other warranties, obligations and liabilities of FareTec Inc and all other rights, claims and remedies of buyer against FareTec Inc, express or implied, arising by law or otherwise, with respect to the products and any other goods or services delivered under these terms and conditions, including, but not limited to: (a) any implied warranty of merchantability or fitness for a particular purpose; (b) any implied warranty arising from course of performance, course of dealing or usage of trade; (c) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence (active, passive or imputed), product liability or strict liability of FareTec Inc; and (d) any obligation, liability, right, claim or remedy for infringement.
9. EXCUSED PERFORMANCE FareTec Inc will not be responsible for or be considered to be in breach of or default under these Terms and Conditions on account of any cause beyond FareTec Inc’s reasonable control or not occasioned by FareTec Inc’s fault or negligence (including, but not limited to, FareTec Inc’s inability to procure materials, parts, equipment or services.)
10. LIMITATIONS OF LIABILITY FareTec Inc’s liability (whether in contract, tort or otherwise, and notwithstanding any fault, negligence, strict liability or product liability of FareTec Inc) with regard to any product or other goods or services furnished under these terms and conditions will not exceed the purchase price paid by buyer to FareTec Inc for the same. Further, FareTec Inc will not be liable for any special, incidental, consequential or indirect damages, or for loss of revenue, loss of business or other financial loss, arising out of or in connection with any product or other goods or services furnished under these terms and conditions.
11. INTELLECTUAL PROPERTY RIGHTS The products involve valuable patent, copyright, trademark, trade secret and other intellectual property rights of FareTec Inc. FareTec Inc reserves all such rights. No title to or ownership of any intellectual property rights related to any Product is transferred to Buyer pursuant to these Terms and Conditions. Buyer will not attempt to reverse engineer any Product or component thereof or to otherwise misappropriate, circumvent or violate any of FareTec Inc’s intellectual property rights.
12. SEVERABILITY The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed in all respects as if such invalid or unenforceable provision were replaced with a valid and enforceable provision as similar as possible to the one replaced.
13. NONWAIVER Any failure by FareTec Inc to insist upon or enforce performance by Buyer of any of these Terms and Conditions or to exercise any right or remedy under these Terms and Conditions or applicable law will not be construed as a waiver or relinquishment to any extent of FareTec Inc’s right to assert or rely upon any such provision, right or remedy in that or any other instance.
14. ASSIGNMENT These Terms and Conditions will inure to the benefit of and be binding upon FareTec Inc and Buyer and their respective successors, assigns and legal representatives.
15. GOVERNING LAW These Terms and Conditions will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of OHIO, without reference to its choice of law principles.
16. ENTIRE AGREEMENT These Terms and Conditions constitute the entire agreement between FareTec Inc and Buyer with regard to the Products and any Orders submitted by Buyer. No amendment, modification, or waiver of these Terms and Conditions will be valid unless set forth in writing by FareTec Inc.
Placement of an order indicates acceptance of the terms and conditions listed on this site.
Misprints - Merchandise, prices and specifications are subject to change without notice. Descriptive, typographic, or photographic errors are subject to correction at any time without notice.
RX Only Product - Customers buying prescription-only (Rx) devices acknowledge they are licensed and/or certified to make these purchases and assume all liability associated with their purchase and use. This includes hemostats and tourniquets.
The sale, use, application or operation of the medical device being or to be purchased may be subject to certain laws, rules and regulations promulgated by federal, state and local regulatory agencies, and, in the case of overseas customers, the sale, use, application, operation and import may also be subject to certain laws, rules and regulations by similar and/or other governmental agencies having jurisdiction.
By buying or accepting to buy this medical device through this site you acknowledge and represent that you are a legally authorized purchaser, and licensed to use this medical device for your own use, and/or you are authorized to purchase this medical device on behalf of another person or entity legally authorized to purchase or use this medical device.
You are solely responsible for compliance verification from government agencies having jurisdiction, including, but not limited to those mentioned above, to determine your eligibility or of the end-user you represent for the purchase and use of this medical device.
You agree to release, hold harmless and waive any and all claims, causes of actions, damages, including consequential damages and/or loss of use, or liabilities of any kind or nature against FareTec Inc, which may arise as a result of failure by you or the end user you represent to comply with any eligibility requirements and the use or misuse of this medical device
US Distribution Only - Customers acknowledge they are not distributing purchased product outside of the United States. Customers outside the US should contact FareTec Inc to find a local distributor.
Not for Resale - Customers acknowledge they are purchasing product for their personal and professional use and not for resale.
Coupon Codes - Coupon codes must be added at time of purchase to receive discount. Only one coupon code may be applied per order.
DISCLAIMER AND RELEASE. THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF FARETEC INC AND THE REMEDIES OF BUYER SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND IN SUBSTITUTION FOR, AND BUYER HEREBY WAIVES, RELEASES AND DISCLAIMS, ALL OTHER WARRANTIES, OBLIGATIONS AND LIABILITIES OF FARETEC INC AND ALL OTHER RIGHTS, CLAIMS AND REMEDIES OF BUYER AGAINST FARETEC INC, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE PRODUCTS AND ANY OTHER GOODS OR SERVICES DELIVERED UNDER THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OF FARETEC INC; AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR INFRINGEMENT.
LIMITATIONS OF LIABILITY. FARETEC INC’S LIABILITY (WHETHER IN CONTRACT, TORT OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF FARETEC INC) WITH REGARD TO ANY PRODUCT OR OTHER GOODS OR SERVICES FURNISHED UNDER THESE TERMS AND CONDITIONS WILL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER TO FARETEC INC FOR THE SAME. FURTHER, FARETEC INC WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, OR FOR LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT OR OTHER GOODS OR SERVICES FURNISHED UNDER THESE TERMS AND CONDITIONS.
GOVERNING LAW; VENUE. These Terms and Conditions will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of Ohio, without reference to its choice of law principles. To the extent the parties are permitted under these Terms and Conditions to initiate litigation in a court, both you and FareTec Inc agree that all claims and disputes arising out of or relating to these Terms and Conditions will be litigated exclusively in either a small claims court of competent jurisdiction or the state or federal courts located in Cleveland, Ohio.
DISPUTE RESOLUTION. Please read the following arbitration agreement carefully (the “Arbitration Agreement”). It requires you to arbitrate disputes with FareTec Inc and limits the ways in which you can seek relief from FareTec Inc.
a. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of this website, to any products sold or distributed through the website, or to any aspect of your consumer relationship with FareTec Inc, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or FareTec Inc may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). THIS ARBITRATION AGREEMENT SHALL APPLY, WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS OR ANY PRIOR VERSION OF THESE TERMS AND CONDITIONS.
IF YOU AGREE TO ARBITRATION WITH FARETEC INC, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST FARETEC INC. ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS THESE TERMS AND CONDITIONS, INCLUDING THIS ARBITRATION AGREEMENT.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim and the relief sought to our registered agent at The FareTec Inc Inc. headquarters. The arbitration will be conducted by the Arbitration Service of Cleveland, an established alternative dispute resolution provider. Disputes shall be subject to the Procedural Rules available for review. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforce-ability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and FareTec Inc. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms and Conditions (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
d. Waiver of Jury Trial. YOU AND FARETEC INC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and FareTec Inc are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms and Conditions as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
e. Waiver of Class or Consolidated Actions. YOU AND FARETEC INC. AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If this paragraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead disputes shall be resolved in a court as set forth in Section (a) above.