- Prices: All prices quoted by Sybaritic, Inc. in the Proforma Invoice are subject to change without notice prior to acceptance and signing of Buyer's Purchase Order.
- Conditions of sale: All sales require acceptance and signing of a purchase order agreement (this document) by Buyer accompanied by full payment, unless otherwise agreed to in writing. This purchase order will be considered a binding agreement between both parties. Cancellation of the Purchase Order after acceptance of the Agreement will result in the forfeiture of any deposits. All sales are final, no refunds. Buyer understands that this shipment should be inspected immediately upon receipt and any discrepancies must be reported within 72 hours.
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Payment: The payment of each product is due prior to shipment, unless authorized in writing by Sybaritic, Inc. If
Buyer chooses payment by credit card, the process fee of 2% for Visa / Mastercard or 2.5% for American Express, shall be paid by Buyer. All Bank payment transfer charges, including wire transfer fees, are for Buyer’s
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Delivery and Shipment: Delivery for Products will be by a common carrier of Sybaritic, Inc.’s choice unless otherwise noted in writing. Partial shipments are permissible. Unless otherwise noted above, standard shipment terms for delivery for Products will be Ex-works Sybaritic, Inc.’s facility, and the freight charges are accepted and will be paid by Buyer as shown on the purchase order , and the title to the Products shall pass to Buyer upon delivery of the Products to the carrier upon loading with the freight carrier at Sybaritic Inc.’s facility. Each Product shall be deemed accepted by Buyer upon delivery to the
freight carrier. - Performance: Dates indicated for delivery or other performance represent Sybaritic, Inc.'s best estimate and Sybaritic, Inc. shall not be liable for any losses, damages or penalties or in any other way because of any delay in delivery or performance or failure to give notice of any delay for any reason and/or such as due to unforeseen circumstances, force majeure or cause beyond its control.
- Warranties: Sybaritic, Inc. expressly warrants that all products manufactured or distributed by it will be free from defects in material or workmanship for a period of one year from the date of invoice unless superseded by a lesser term or extended by the terms and conditions of a separate warranty agreement(s) covering the Product(s).
- Miscellaneous: The parties agree this Proforma Invoice / Purchase Order is a contract for sale for these Products by Sybaritic, Inc. to Buyer and the contract and parties shall be exclusively governed by and interpreted in accordance with the laws and jurisdiction of the State of Minnesota, USA. This Purchase Order shall govern the terms and conditions of Buyer’s purchase of the Products and its terms supersede any other terms or conditions that are in conflict with the conditions of this Purchase Order contract.
- Lawful use: The Product(s) is/are sold to Buyer with the express understanding and Buyer’s assurance that they will be used according to the labeling and directions for use provided with the Product(s), and not in any manner prohibited by law. In making this representation, Buyer understands that some of the Product(s) is/are subject to regulation by government agencies and that use of the Product(s) may be subject to regulations under state or local law, and Buyer undertakes sole responsibility for compliance with all conditions of use, applicable laws, certifications, approval documents, licenses, permits, state and/or country regulations (herein “approvals registration, licenses and certification documents”). If required and/or if requested by Sybaritic, Buyer agrees to freely provide copies of its approvals registration, licenses and/or certification documents to Sybaritic. 9.
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Buyer’s Standards, Specifications, Licenses, Use, Export, Import: Sybaritic goods and products are sold to Buyer according to Buyer’s Purchase Order(s) and its specifications, and Buyer affirms that its imports of Sybaritic products are not in conflict with the laws of Buyer’s country, that Buyer accepts the Sybaritic export and shipment of the Sybaritic product, that it represents to Sybaritic the Products are not in conflict with the laws of Buyer’s country, that Sybaritic’s shipping packaging is and can be labeled as “For Export Only.” Buyer affirms to Sybaritic that it is responsible for the import approvals, laws and/or compliance requirements required from its country’s
governmental agency and/or authorized body. Buyer represents and agrees that it will notify Sybaritic if there is any notification from any governmental agency or authorized body indicating any noncompliance of the
Products and/or it will notify Sybaritic of any ruling, change of law (or notice) affecting the import, distribution and/or compliance of any Sybaritic Product(s) purchased, ordered, imported and/or distributed by Buyer in
its country. Sybaritic affirms to Buyer it is exporting its Products according to USA FDA Export Act and ISO 13485 QS standards and/or requirements. If the Products are restricted and/or classified as devices in Buyer’s
country, then Buyer affirms that it has the right to import the Products into its country. that it has the applicable market clearance(s), establishment and/or product licenses as required for import entry, distribution and/or
sale of the devices in and by Buyer’s country. Buyer affirms and agrees that it will use, service and maintain the Products according to the Product Owner’s Manual in its country.
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