PARADIGM
IMAGING GROUP TERMS AND CONDITIONS:
ON-LINE
PRIVACY:
We value your privacy
and the security of information that you may choose to submit as part of
your visit to the web site. Any information provided by you is held with
the utmost care and security, and will not be used in ways to which you
have not consented. We do not collect any personal information about
individuals except when specifically and knowingly provided by such
individuals. Examples of such information are: name, postal address,
e-mail address, telephone number.
We will only share
non-personal aggregate or summary information regarding its customers
with partners or other third parties for marketing or demographic
purposes. We do not sell or share any information about individual
customers. This means that the information shared with third parties
DOES NOT include any personal identifying information.
Cookies are files that
your Web browser places on your computer's hard drive. These cookies
assign a unique identifier to your computer. Cookies provide the means
by which you receive personalized content, such as pre-filled out order
forms and customized pricing. We do not and cannot use cookies to
retrieve personal information about you from your computer unless such
information was knowingly and willingly provided by you.
If you have questions
about our privacy policy or about submitting information as part of your
visit to our web site, please contact us.
CONTROLLING
PROVISIONS:
These terms and
conditions supersede any provisions, terms and/or conditions contained
on any confirmation order, or other writing Purchaser may give; the
rights of the parties hereto shall be governed exclusively by these
provisions, terms, and conditions, and may not be changed or modified
except by a written amendment of agreement signed by both parties.
FOB
POINT:
All prices are F.O.B.,
Seller's warehouse. Method, carrier, and route of shipment shall be
selected by Seller, unless otherwise instructed by Purchaser, all risk
of loss or damage to the equipment shall pass to Purchaser upon delivery
to the carrier so selected.
GOVERNING
LAW:
This Agreement is made
and entered in the State of California and shall be governed, enforced,
construed and interpreted in accordance with the laws and in the courts
of the State of California, without giving effect to principles of
conflicts of law.
INSOLVENCY:
In the event of
declaration of bankruptcy by the Purchaser, unencumbered title to any
goods that have been delivered, but payment not made in full shall
revert to Seller under the terms of the TITLE clause.
LEGAL
FEES:
Purchaser agrees to pay
and reimburse Seller for all legal fees, costs and expenses incurred by
Seller in collecting payments due under any Purchaser order or which are
otherwise incurred as a result of any dispute, demand or claim under
these terms and conditions.
PAYMENT
TERMS:
Based on the standard
terms of net 15 days from receipt of invoice, unless otherwise specified
and explicitly accepted by Seller in writing. Payments delayed beyond
the 30th day after invoice will have interest charges added at a rate of
1.5% per month. FAILURE OF THE
PURCHASER TO COMPLY WITH PAYMENTS TERMS SHALL RELIEVE SELLER OF ANY
OBLIGATIONS UNDER THIS AGREEMENT.
PRICE:
The list price of
"Products" shall be based upon the current PARADIGM IMAGING
GROUP Product Price List. Price Changes: Prices are subject to change
with 30 days notice. If the PARADIGM IMAGING GROUP List Price is
increased, product orders may be placed within 30 days, for delivery
within 90 days, after the Sellers notice of price increase. If the price
is decreased, the products currently on order with Seller, but not yet
shipped, shall receive the lower price.
PRODUCTS
& SERVICES:
Seller agrees to
sell/service and the Purchaser agrees to purchase the products on the
current Paradigm Imaging Group Product Price List, or any other goods or
equipments offered for sale in a formal quotation by an authorized
Paradigm Imaging Group employee. From time to time, Seller may revise
the Product Price List by adding or deleting items without giving prior
written notice. Product Changes: Seller reserves the right to modify or
discontinue any PARADIGM IMAGING GROUP Product upon ninety (90) days
written notice. During the ninety (90) day period, product orders may be
placed provide delivery is scheduled within 90 days of Sellers notice of
discontinuation of said Product.
PRODUCT
& SERVICE ACCEPTANCE:
The sole criteria by
which goods or equipment shall be evaluated for WARRANTY or Acceptance
and Payment shall be Seller's published specifications in force as of
the date of sale. No other criteria or standards are acceptable.
PURCHASE
ORDERS AND ACCEPTANCE:
All orders for product
shall be submitted on separate purchase orders, specifying: a) A
requested shipping date normally within thirty(30) days of ordering
b) Destination and desired method of shipment
c) The quantity per order
ORDERS
ENTERED WILL BE SUBJECT TO ACCEPTANCE BY SELLER BEFORE A FIRM SHIPPING
DATE CAN BE PROVIDED.
SHIPPING
& DELIVERY:
We make
every effort to ship your order as quickly as possible. The items will
ship according to your choice of shipment methods. Items ordered
together are not necessarily shipped together.
RESCHEDULING:
Product shipments
scheduled pursuant to purchase orders under this agreement may be
rescheduled once by the Purchaser, for not more than 30 days delay, with
notification in writing. Delays beyond 30 days may result in rebilling
or liability for RESTOCKING CHARGES.
DELIVERY
DELAYS:
Seller shall use
reasonable efforts to meet the delivery schedule requested in
Purchaser's Order. Purchaser agrees that Seller shall not be held liable
for any losses incurred as a result of delays in meeting the requested
delivery schedule. Since Seller will be subject to occasional delays due
to causes beyond its reasonable control, for any equipment not shipped
within six (6) months after Purchaser's requested delivery, Seller may,
at Seller's option, declare the order for such equipment to be null and
void and shall not be liable for any loss of damage arising there from.
RESTOCKING
CHARGES:
For any goods or
equipments returned to Seller within 5 days from purchase, for refund or credit, other than pursuant
to the terms of the WARRANTY and RETURN GOODS AUTHORIZATION clauses,
Purchaser agrees to pay a restocking charge equal to 25% of the price of
the goods or equipment.
RETURN
GOODS AUTHORIZATION:
Goods or equipment may
not be returned to Seller except under WARRANTY terms, with Seller's
specific authorization, and assignment by Seller of a Return Goods
Authorization (RGA) number.
ORDER CANCELLATION:
A 3% fee will apply to all canceled orders.
SECURITY
INTEREST:
To secure payment of the
price, Purchaser hereby grants to the Seller, and Seller reserves, a
security interest in the goods and equipment and in any and all leases
and purchase contracts for the goods and equipment entered into between
Purchaser and its customers, and in any and all proceeds to Purchaser
for the goods and equipment. A copy of this Agreement may be filed with
appropriate state and local authorities at any time after signature by
Purchaser as a financing statement in order to perfect Seller's security
interest. Purchaser shall also execute from time to time any financing
statements or other documents and do such acts considered by Seller to
be necessary or desirable to perfect or protect the security interests
created hereby.
SEVERABILITY:
In the event that any
clause hereunder shall be found to be unenforceable, it shall be
severed, leaving the balance of the terms in force. SUCCESSORS AND ASSIGNS:
The rights and obligations of the parties hereunder shall inure to the
benefit of, and be binding and enforceable upon, their respective
successors. assigns and transfers. However, this Agreement shall not be
assigned, sold, transferred, or hypothecated without the prior written
consent of the Seller.
TAXES:
Prices and charges are
exclusive of all city, state and federal excise taxes, including,
without limitation, taxes on manufacture, sales, receipts, gross income,
occupations, use and similar taxes. Whenever applicable, any tax or
taxes will be added as separate charge to be paid by purchaser.
TITLE:
Title to all goods
and equipment delivered hereunder shall remain in Seller under the terms
of the SECURITY INTEREST clause, until the full purchase price,
including any outstanding interest, is paid, and Purchaser shall be
liable for any damage to the goods and equipment until title passes.
