By ordering or accepting any goods from Cellex, Inc., you agree to the following terms and conditions:
ORDERS
All orders are subject to acceptance by Cellex, Inc. or its agents at its principal place of business. Notwithstanding any other provisions, whenever Cellex, Inc., in its sole discretion, has any doubt as to buyer’s credit or ability to make payment, Cellex reserves the right to require payment in advance of shipment. Cellex reserves the right to discontinue a previous extension of credit at any time, without prior notice.
SHIPPING
Items are shipped prepaid by Cellex, Inc.. Items are shipped via FedEx Standard Overnight delivery (where available). Supply items are shipped to arrive no later than two (2) business days after order. Cellex is not responsible for matters beyond its reasonable control. Title to merchandise and risk of loss passes to the buyer upon delivery to the carrier.
PRODUCT AVAILABILITY
Items in stock are available for immediate shipment. In the event of excess demand, or short supply, Cellex may allocate its inventory among its customers as it deems appropriate. Cellex shall not be liable for failure to fulfill any order or to perform under any contract due to strike, fire, unavoidable accidents, inability to obtain supplies, contingencies of manufacturing, or other causes beyond its control. Cellex reserves the right to discontinue and withdraw from the marketplace any product, product size, or packaging at any time without further obligation on the part of Cellex.
PAYMENT TERMS
In the event of any overpayment of finance charges, such overpayment shall be applied to the remaining portion of your balance, and, if any remains thereafter, returned to you or will remain as a credit on your account for future purchases. If back payments are due, current orders may not be shipped until payments are received. Cellex reserves the right to maintain a credit limit on all accounts. Payment terms are net 30, unless Cellex has offered, and you have accepted in writing, alternate payment terms.
PRICING
Prices are subject to change without notice. Prices billed are the prices in effect at the time the order is shipped. Prices are subject to all taxes, excises, or other charges levied by any government (national, state or local). Any disputed prices must be identified to Cellex in writing within ten (10) business days from the invoice date. Rebates and credits may be considered a discount and may need to be disclosed by you as required by applicablelaw. All manufacturer contract prices are effective as of the date determined by the manufacturer. Contract prices are subject to early termination upon notification by manufacturer. Buyer is responsible for notifying Cellex of any special product pricing arrangements that buyer has negotiated with any product manufacturer or group purchasing organizations.
DAMAGED GOODS
You are responsible for inspecting all shipments immediately upon receipt. If you find broken or damaged goods, notify Cellex by phone within two days of receiving the shipment so that Cellex may arrange replacement. Refer to Returned Goods Policy for more information.
PURCHASE FOR OWN USE
Sales are made with the express understanding and agreement that merchandise is being purchased for use only in the purchaser’s medical practice, and is not intended to be sold or transferred for further sale or resale by retailers, wholesalers or other parties.
SALES TAXES
Cellex is required by law to collect sales tax in certain jurisdictions. If appropriate, Cellex will add the proper amount of tax (state, and, if any, local and transit) to your order.
LIABILITY
Cellex will not be liable under any contract, negligence, strict liability or other theory of liability for any special, indirect, incidental or consequential damages or costs of procurement of substitute goods or services in connection with the subject matter of these terms and conditions or any products or the use, delivery or failure or delay of delivery thereof. Cellex shall not be liable for any loss, claim, or damage resulting from products or the use, delivery, or failure of delivery thereof, and the buyer agrees to hold Cellex harmless for any such loss, claim, or damage.