Terms and Conditions | Services

By: GMI  09-12-2011
Keywords: Gmi

Terms and Conditions of Sale:

GMI thanks you for your business!  Global Medical Instrumentation (GMI) shall have no liability for any loss, damage, or injury resulting from buyers or third parties negligence, lack of training, use or misuse, or misapplication of the goods or item(s) furnished.  In no event shall GMI be liable for any consequential damages of any nature whatsoever or any loss of income or profits.  Buyer agrees to indemnify, defend, and hold harmless GMI and its employees from any claims, damages and actions of any kind or nature arising from or caused by the use or misuse of any material(s) or item(s) furnished. GMI only warrants supplied item(s) specifications to be defect free for warranty period. GMI shall not be liable in any way shape or form for any default in the performance of any obligation contained in, or related to, this contract, to the extent that performance is affected by any cause or causes beyond the control of GMI, including but not limited to acts or forces of nature, any law, rule, regulation of or any act or request of any government authority or agency, failure of any contractor or supplier, manufacturer or distributor product recall, carrier or transporter of goods or item(s) supplied, fire, storm, explosion, accidents, labor dispute, labor or material shortage, and/or delays in transportation.  A purchase order corresponding to a faxed, mailed, or emailed official GMI quotation or pricing proposal constitutes the agreement for/with GMI to provide items quoted and for purchasing entity to receive/accept said items. You may select your own carrier.  If you do not specify shipping/carrier arrangements GMI will select a reputable carrier for you. GMI ships FOB origin. In FOB freight on board (FOB) origin or freight on board basing point contracts, title transfers at time and place of shipment. FOB means Freight On Board. Purchasing FOB origin means responsibility of seller stops when the ‘goods’ are delivered to the transporting company at / from our shipping point, warehouse, or service center.  GMI will either PrePay (for transportation)-and-Add (PPA) to your invoice or we use your transporting company (using your account number or your Visa, etc).  You the buyer also decide if you want to purchase loss/damage insurance or not to insure.  Should damage or loss occur during transport, it is between you (the buyer) and the transportation company to settle.  GMI will co-operate with you and the carrier to the best of our ability.  We strongly recommend that the buyer obtain adequate ‘coverage’ for any potential Loss and / or Damage to transported items purchased from GMI. GMI reserves the right to not fill an order in part or in its entirety for any reason whatsoever including but not limited to item(s) not consistent with minimum GMI quality standards, prior sale, failure of supplier, etc. These terms and conditions constitute the entire agreement between the parties and no other promises or agreements shall be of any force or effect unless otherwise put in writing and signed by both parties. These terms and conditions may be amended at any time. Upon acceptance or receipt of purchased or received item(s) these terms shall be binding upon and shall accrue to the benefits of the parties hereto and their respective assigns and successors in interest, provided, however, that neither party may assign this agreement, or any of its interest herein, without the prior written consent of either party. GMI makes no assumptions as to the previous use of any equipment, supplies, or items sold and makes no statements or guarantees as to its safety, appearance or prior use and warrants only its specifications for the period specified on accepted quotation or offer starting on delivery date of goods/items to buyer.   If item(s) purchased or received is used as part of a system (with item(s), complementary, or accessories not supplied by GMI) GMI does not warrant system or combined specifications of said system nor does GMI warranty purchased or received item(s) and its operation within this system or systems possible deleterious effects on purchased or received item(s) or operator(s) while within or separate from said system.  If goods or item(s) furnished are used in a process or in production, GMI shall have no liability for either process or product. GMI warrants parts and labor during the first 30 days of the warranty period and warrantsparts only (repair or exchange replacement) for the remainder of the warranty unless stated otherwise in original quotation or pricing proposal. All sales to overseas resellers  receive a functionality guarantee only as described in your original sales proposal or quotation and do not ship with any implied warranty of any kind unless stated, negotiated, or purchased otherwise. 'End-user; overseas sales warranty (if offered) is PARTS EXCHANGE only (unless purchased or stated otherwise in your original sales quote): 1. customer requests / receives RMA # for return after filling out GMI service web-form, 2. customer ships (at his/her expense) defective item(s) or part(s) from supplied item FWITH RMA#, 3. GMI verifies authenticity of (GMI supplied) returned item(s), and will then supply replacements or repair defect.  Should shipment of item(s) (domestic sales) back to GMI be required during warranty, customer will be liable for all shipping and packaging charges after  the first 30 days of warranty. Modification, alteration, accessorization and/or customer servicing of item(s) supplied voids warranty. Any GMI installed item(s) / system(s) physically moved / relocated from original install site / location by the customer voids warranty,  therefore, GMI must be enlisted to move / relocate any purchased item(s) / system(s) for warranty to remain in effect and valid. Misuse or use of item(s) provided or use by inadequately trained personnel or use outside original manufacturer intent for use/operation voids warranty. GMI only warrants purchased or received item(s) specifications during warranty period.  Warranty period begins upon shipping date from GMI and is for a period of consecutive days of stated duration of warranty period on the accepted quote / pricing proposal (warranty period does not restart after resolution of in-warranty warranty call).  Your warranty is only valid if you have paid your invoice.  If your invoice is over 30 days old warranty work WILL NOT be performed until your invoice is paid in full. Should there be visible shipping damage to packaging or concealed shipping damage to item(s) supplied, buyer must communicate such damage to delivering entity or carrier upon receipt first and to GMI same day  (no exceptions) item is accepted / signed for. Failure to do so voids warranty.  Should there be a in-warranty service call with service work performed the warranty duration does not re-start upon resolution (completion of service work performed) of the in-warranty service work performed.  Customer decision to involve / procure third party or OEM service other than GMI to resolve in-warranty instrument failure or defect without first placing a service call with GMI  or GMI pre-approved service entity voids warranty.  Warranty resolution may involve GMI field service personnel, GMI certified service affiliates, return of item(s) to a GMI service location for ‘depot’ repair or any combination of the above.  Warranty resolution may involve billable charges to you that include parts, or labor, and/or travel charges or any combination thereof.  A requested service visit during warranty finding no problem with instrumentation will result in a service charge for time and travel and expenses.  Extended warranties may be available at time of purchase and may be offered after shipment of purchased goods at discretion of GMI.  All extended warranties or service maintenance agreements must be prepaid to be valid and honored.  Inability of GMI to complete extended warranty may result in refund of unused warranty on a prorated basis. Warranty for HPLC, chromatography instrumentation (systems), synthesizers, sequencers- does not include pistons,  seals, check valves, injectors, valves, reactor vessels, or lamps/sources, consumable parts, nor does it cover any flow path components (hardware seen by solvent, carrier gases, or sample) but covers non-flow path surfaces & components only.  You may elect to purchase extra coverage for these items via a service maintenance agreement product.  Vacuum pumps warranted for 30 days maximum. Centrifuge rotor mishaps void warranty and  are not covered by any GMI warranty. Connection to electrical supply source other than what supplied instrumentation was originally configured for by original manufacturer voids warranty. Installation not conforming to original manufacturer’s guidelines voids warranty unless GMI pre-approved. Any use by inadequately trained or untrained operators voids warranty. Subsequent use of instrumentation after defect or malfunction is detected voids warranty. Substandard electrical supply damaging supplied instrumentation voids warranty.  In event of need to return part or all of an order for warranty work or for any reason, return of part or all of received items cannotoccur without GMI approval and a GMI return material authorization form (RMA) or a returned material authorization number. Return of said items MUST occur in original packaging!  A purchase order corresponding to a faxed, mailed, or emailed official GMI quotation or pricing proposal constitutes the agreement for/with GMI to provide items quoted and for purchasing entity to receive/accept said items. Cancelled orders, shipped instruments, items delivered, or replacement parts rejected OR returned for any reason other than defective subject to up to fifty percent restocking charge (schedule for restocking charge based on dollar amount of items ordered..ie., <$1000.00 constitutes a 15% restocking charge, orders from $1000.00 to $25,000.00 mandate a 33% restocking charge, custom and 'new-in-the-box' orders and orders over $25,000.00 subject to 50% restocking charge).  In event order has shipped you will be responsible for restocking charge and all shipping charges incurred (outbound and return to GMI facility).  Return must occur within 14 days of receipt by buyer with accompanying RMA affixed to original packaging. After 14 days item(s) not returnable.  Items sent back 'blind' without accompanying RMA will be rejected and will be returned. Items subject to warranty repair or Items sent back in substandard packaging or received damaged will be rejected at GMI. GMI is not responsible for customer packaging negligence or carrier inflicted damage on / for any returned item.  Customer will be billed for repair of item(s) damaged during return. Any applicable sales taxes, tariffs, or fees are not included in this pricing and shall be charged in addition to named prices if applicable. ‘Net’ payment terms commence the day the item(s) are delivered. A late fee of $25.00 will be added if payment is not made by the due date.  In addition, unpaid or late invoiceswill be assessed a 1.5% per month surcharge from date of invoice if not paid in full by indicated terms.  GMI complies with US Commerce and Trade restrictions and export controls.  Ultimate country of destination must be declared at time of order along with intended use(s) of ordered instrumentation.  If you are a reseller, you as exporter ,  will be responsible for ALL shipping arrangements .  Failure to do so may result in delays or cancellation of your order with no penalty to GMI.  Any items not purchased in accordance with this named order and in not purchasing, accepting or receiving such items not in compliance with local, state, company or purchasing entity, or national government guidelines, GMI shall not be held responsible but shall be held harmless for any occurrences which may occur due to the deletion of such aforementioned items or due to lack of compliance with above named regulatory entities by the laboratory or hospital or company or organization or entity doing business with GMI.  Please don’t hesitate to call GMI with any questions pertaining to our stated terms of sale. 

Thank you! again for allowing GMI to bring value to your laboratory!

The information in this article was current at 06 Dec 2011

Keywords: Gmi

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