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PLEASE
READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS
THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your
purchase from Morrell Instrument Company Inc. ("Morrell")
that will be provided to you ("Customer") for products sold
in the United States. By accepting delivery of products described
on that invoice, Customer agrees to be bound by and accepts these
terms and conditions. |
| Payment
Terms |
| Payment
must be received by Morrell prior to Morrell's shipment of an order.
Payment for the products will be made by credit card, wire transfer,
or some other prearranged payment method, unless credit terms have
been agreed to by Morrell. Invoices are due and payable within the
time period noted on the front side of the invoice, measured from
the date of the invoice. Morrell may invoice parts of an order separately. |
| Shipping
Charges |
| Separate
charges for shipping will be shown on Morrell's invoice(s). Morrell
Charges United Parcel Services "Standard Ground Rate", unless
another shipping method is requested by the customer. |
| Taxes |
| Unless
Customer mails or faxes (631-673-8959) a valid tax exemption certificate
applicable to the product ship-to location prior to Morrell's acceptance
of the order, Customers shipments into New York State will be charged
New York State Sales Tax. A separate charge for taxes will be shown
on Morrell's invoice. |
| Return
Policies |
| Morrell
stands behind the quality of all our products. Products that are purchased
directly from Morrell by a Customer may be returned within 30 days
from date of invoice. The product must be in new and unused condition
and in the original packaging. A 10% Restocking fee will be charged
to your credit card, unless Morrell determines that the return is
due to our error, in which case we will assume all restocking and
return shipping charges. For all returns please contact our Customer
Service Department at (631) 423-4800. We will issue a return authorization
number prior to your shipping the product back. The product must be
safely packed for return shipping with the return authorization number
prominently written on the outside of the box. |
| Shipping
Damage |
|
When you receive a damaged package please report this to our Customer
Service Department within 3 days and we will advise you how to proceed.
Hold all containers and packing material, since United Parcel claims
cannot be made without these original cartons. |
| Title;
Risk of Loss |
| Title
to products passes from Morrell to Customer on shipment from Morrell's
facility. Loss or damage that occurs during shipping by a carrier
selected by Morrell is Morrell's responsibility. Loss or damage that
occurs during shipping by a carrier selected by Customer is Customer's
responsibility. |
| Warranties |
| Morrell
Instrument Company will honor all manufactures warranties for the
products that it distributes. |
| Products
|
| Morrell's
policy is one of ongoing product update and revision. Morrell may
revise and discontinue products at any time. Morrell will ship products
that have the functionality and performance of the products ordered,
but changes between what is shipped and what is described in a specification
sheet or catalog is possible. |
| Limitation
of Liability |
|
MORRELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE.
MORRELL WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. |
| Arbitration
|
| Any
claim, dispute or controversy (whether in contract, tort, or otherwise,
whether preexisting, present or future, and including statutory, common
law, intentional tort and equitable claims) against Morrell, its agents,
employees, successors, assigns or affiliates (collectively for purposes
of this paragraph, "Morrell") arising from or relating to
this Agreement, its interpretation, or the breach, termination or
validity thereof, the relationships which result from this Agreement
(including, to the full extent permitted by applicable law, relationships
with third parties who are not signatories to this Agreement), Morrell's
advertising, or any related purchase shall be resolved exclusively
and finally by binding arbitration administered by the National Arbitration
Forum (NAF) under its Code of Procedure then in effect. The arbitration
will be conducted before a single arbitrator, and will be limited
solely to the dispute or controversy between Customer and Morrell.
The arbitration shall be held in a mutually agreed upon location in
person, by telephone, or online. Any award of the arbitrator(s) shall
be final and binding on each of the parties, and may be entered as
a judgment in any court of competent jurisdiction. Customer agrees
to comply with all applicable laws and regulations of the various
states and of the United States. |
| Availability |
|
Most items are in stock, however please call Morrell's Customer Service
Department at (631) 423-4800 for detailed delivery information. Note:
Your credit card will not be charged until the items are shipped to
you. |
| Service
and Support |
|
Morrell endeavors to provide the best customer and technical telephone
support in the personal computer industry. For end-user Customers,
Morrell promises that its support people will attempt to handle over
the telephone any problem involving Morrell products. However, Morrell's
support people may not be able to understand or resolve any given
problem. Service offerings may vary from product to product. Morrell
has no obligation to provide service or support until Morrell has
received full payment for the product. These terms and conditions
may NOT be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document
or to enter an order for product(s) which is subject to additional
or altered terms and conditions will be null and void, unless otherwise
agreed to in a written agreement signed by both Customer and Morrell.
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| Governing
Law |
| This
agreement and any sales there under shall be governed by the laws
of the State of New York. |
|
Morrell
Instruments Company, Inc.- 502 Walt Whitman Road, Melville NY 11747
(631) 423 -4800
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