Terms of Sale
Applies to all direct purchases in person or by phone or internet
PLEASE READ THIS CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER/KEEP YOUR PRODUCT.
NOTE: These U.S. Consumer Terms of Sale apply to direct purchases made from PRS in person or by phone, the internet.
These Terms of Sale ("Agreement") apply to your purchase of products and/or services and support ("Product") sold in the United States by PRS, including its affiliates or subsidiaries. By placing your order for Product, you accept and are bound to the terms of this Agreement. If you have placed an order but do not wish to be subject to these Terms of Sale, you must promptly cancel your order before it ships, or return your purchase in accordance with PRS’ Return Policy (see: www.prsmedicaltechnologies.com/returnpolicy ) within 30 days of the invoice date for a refund of your purchase price minus shipping, handling and up to a 20% restocking fee.
- Other Documents. This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and PRS. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, please contact us at email@example.com or by contacting your sales representative.
- Payment Terms; Orders; Quotes; Interest. Terms of payment are within PRS’ sole discretion. 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 PRS. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. PRS may invoice parts of an order separately. Your order is subject to cancellation by us, in our sole discretion. PRS is not responsible for pricing, typographical or other errors in any offer by PRS and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 14 days of the invoice date.
- Shipping Charges; Taxes; Title; Risk of Loss. Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Title to products passes from PRS to Customer upon shipment to Customer. Loss or damage that occurs during shipping by a carrier selected by PRS is PRS’ responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify PRS within 14 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide PRS with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship to location, you are responsible for sales and other taxes associated with the order. Shipping and delivery dates are estimates only.
- Warranties. THE LIMITED WARRANTIES APPLICABLE TO PRS-BRANDED PRODUCTS, IF ANY, CAN BE FOUND AT www.prsmedicaltechnologies.com/warranties OR IN THE DOCUMENTATION PRS PROVIDES WITH PRS-BRANDED PRODUCT. PRS MAKES NO OTHER WARRANTIES FOR PRS-BRANDED PRODUCT AND MAKES NO WARRANTIES WHATSOEVER FOR SERVICE, MAINTENANCE OR SUPPORT FOR NON-PRS BRANDED PRODUCTS. SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. PRS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN PRS’ APPLICABLE PRS-BRANDED WARRANTY IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. PRS-BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE UPON PRS’ RECEIPT OF PAYMENT IN FULL, AND PRS IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL PRS RECEIVES PAYMENT IN FULL.
- Return Policies; Exchanges. PRS’ return policy can be found at www.prsmedicaltechnologies.com/returnpolicy and you agree to those terms. Note that under the terms of the Return Policy, not all Products may be returned. You must contact us directly before you attempt to return qualifying Product to obtain a Credit Return Authorization (CRA) number for you to include with your return. You must return qualifying Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees, including up to a 20% restocking fee, may apply. If you fail to follow the return or exchange instructions and policies provided by PRS, PRS is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At PRS’ sole discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
- Changed or Discontinued Product. PRS’ policy is one of ongoing update and revision. PRS may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." PRS will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.
- Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for nontelemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PRS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE A PRS WEB SITE OR ANY CONTENT CONTAINED ON A PRS WEB SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF PRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF PRS WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying for your own internal use only, and not for resale or export. Product may not be sold, leased or transferred to restricted end users or for restricted end uses.
- Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PRS arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement, PRS’ advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAW.
- Dispute Resolution and Binding Arbitration. YOU AND PRS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PRS, its agents, employees, principals, successors, assigns, affiliates, subsidiaries (collectively "PRS") arising from or relating in any way to your purchase of Product, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), PRS’ advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Consumer claimants (individuals whose transaction is intended for personal, family or household use) may elect to pursue their claims in small-claims court rather than arbitration. The arbitration or small-claims court proceeding will be limited solely to the individual dispute or controversy between customer and PRS.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER CUSTOMER NOR PRS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration.)
- The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. 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. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com