All orders by a purchaser (the “Purchaser”) of the products or services (“Products”) of Bactronix of Southeastern Pennsylvania (“Bactronix”) are subject to acceptance by Bactronix. To the extent of any conflict between the terms and conditions set forth herein and any terms and conditions or any forms or documents of the Purchaser, the terms and conditions set forth herein shall govern and all other terms are expressly rejected by Bactronix.
PAYMENT: The price in effect at the time an order for Product is placed shall be the price of such Product. Bactronix reserves the right to change its pricing from time to time in its sole discretion. Payment shall be due at the time an order is placed by the Purchaser.
Shipment and delivery dates are not guaranteed and Bactronix will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Bactronix reasonable control.
When an order consists solely of goods, Bactronix warrants that the Products will be in accordance with the specifications set forth on the labels on such Products for the period set forth thereon. Notwithstanding the foregoing, Products supplied by Bactronix that are obtained by Bactronix from an original manufacturer or third party supplier are not warranted by Bactronix, but Bactronix agrees to assign to Purchaser any warranty rights in such product that Bactronix may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Bactronix have any obligation to accept any returns of Products for failure to conform to the Product specifications where the same is caused by the misuse or negligence of the Purchaser, the use of the Products in a manner for which they were not designed, external causes such as heat or cold, improper storage and handling of the Products, or use of the Products with equipment or other Products not supplied by Bactronix.
Bactronix will accept returns of the Products that are not compliant with the warranty during the warranty period set forth on the Product. No return shipments will be accepted without a Return Merchandise Authorization number (“RMA”) issued by a customer representative of Bactronix. Upon Purchaser’s receipt of an RMA, the RMA, a copy of the original invoice, and the Product shall be sent package prepaid via UPS to Bactronix address as provided for in the RMA.
When an order consists of goods and services, Bactronix warrants that any services provided by Bactronix shall be performed in a workmanlike manner in accordance with industry standards. In the event that the goods or services, when provided collectively under an order, fail to comply with the warranty requirements, Bactronix, in its sole discretion, shall either accept a return of the Products and issue a refund for the Products and services that fail to comply with the warranty, or, in the alternative, Bactronix may re-perform the services with repaired or replaced Products.
THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO ACCEPT RETURN OF, OR REPLACE, THE PRODUCTS OR TO PROVIDE CORRECTIVE SERVICES SHALL BE THE SOLE REMEDY OF THE PURCHASER IN THE EVENT OF A DEFECTIVE PRODUCT OR SERVICES. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, BACTRONIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. BACTRONIX DOES NOT WARRANT THAT THE PRODUCTS WILL ACCOMPLISH ANY PARTICULAR RESULT.
SHIPPING AND DELIVERY:
Bactronix shall have the sole right to select the shipping method and carrier. United Parcel Services (UPS) is Bactronix primary method of shipping; however, orders over one hundred fifty (150) pounds are generally shipped via Federal Express. Shipping rates apply to all Products and shall be paid by the Purchaser. The Bactronix website accepts orders twenty-four (24) hours per day, seven (7) per week; however, orders will only be processed during Bactronix normal business hours. If the Purchaser requires rush delivery, any rush delivery order must be placed before 2:00 p.m. Eastern Standard Time. Bactronix reserves the right to ship products from its warehouse or to direct ship Products from the manufacturer. Bactronix cannot ship to post office boxes and the Purchaser must provide a valid United States street address with all orders. All orders are subject to acceptance by Bactronix and any acceptance by Bactronix is made on the express condition that the Purchaser agrees to accept and be bound by the Terms and Conditions set forth herein.
Any changes requested by Purchaser after Purchaser’s order is accepted by Bactronix will be separately designed and priced by Bactronix. No change will be made without receipt of written approval of Bactronix.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF BACTRONIX UNDER PURCHASER’S ORDER AND THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE), SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE THERETOFORE PAID TO BACTRONIX BY PURCHASER WITH RESPECT TO THE PRODUCT(S) AND/OR SERVICES GIVING RISE TO SUCH LIABILITY. IN NO EVENT SHALL BACTRONIX BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER BACTRONIX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. All claims of whatsoever nature shall be deemed waived unless made in writing within NINETY (90) days of the occurrence giving rise to the claim.
In the event of any legal proceeding between Bactronix and Purchaser relating to these Terms and Conditions, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a trial by jury. In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. Bactronix’s failure to enforce, or Bactronix’s waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision.
Purchaser agrees that it will not use Bactronix’s name(s), logo(s) or mark(s) in any public communication or press release, or for any other marketing or promotional purpose, without Bactronix’s prior written consent.
The Purchaser’s order and these Terms and Conditions constitute, with respect to the subject matter hereof, the complete and exclusive statement of the contract between Bactronix and Purchaser. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless made in writing and signed by Bactronix and Purchaser. Bactronix’s failure to object to terms contained in any subsequent communication from Purchaser (whether in a purchase order or other communication) will not be a waiver or modification of the terms set forth herein.
APPLICABLE LAW AND JURISDICTION:
This Purchaser’s order and these Terms and Conditions shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. The Parties consent and submit to the jurisdiction and service of process of any state or federal court located in Allegheny County, Pennsylvania.