Exchange Terms and Conditions

Offering an extensive range of new, used, refurbished/reconditioned ultrasound systems and transducers/probes from top manufacturers, worldwide. All Imaging Systems is a leader in ultrasound equipment and servicing, well-known in the medical industry and doing business since 1992. more

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Terms and Conditions of Sale

All sales are made subject to the following terms and conditions. AIS’s acceptance of any purchase order is expressly made conditional on Buyer’s assent to these terms and conditions

1. Price: Buyer accepts the prices and terms of payment stated for the product(s). All deliveries are F.O.B. AIS’ location or the product’s location, freight prepaid or freight collect to destination. If shipped freight prepaid, the charge for freight will be added to the invoice. All taxes of any kind levied by a federal, state, municipal or other governmental authority which AIS is required to collect or pay with respect to the sale or shipment of the product sold hereunder shall be the responsibility of Buyer. Buyer agrees to pay all such taxes and further agrees to reimburse AIS for any such payments made by AIS. In the event Buyer fails to make payment of the purchase price or any portion thereof when due, AIS shall have the right to employ an attorney to collect the balance due and Buyer agrees to pay all collection costs incurred by AIS, including its reasonable attorney’s fee.

2.Limited Warranty: for a period of 60 days from the date of delivery (unless otherwise specified in the sales order), AIS warrants that the product will be free from material defects. If AIS is notified of any material defects within 7 days period (unless otherwise specified in the sales order), AIS will have the option of repairing or replacing the equipment or refunding the purchase price. This warranty does not extend to any product which has been (a) subject to misuse, neglect, accident, fire, lightening or other casualty, (b) installed, repaired or altered by anyone other than AIS or its authorized representatives, or (c) moved from its original location or no longer owned and used by the Buyer named herein. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, BUYER’S EXCLUSIVE REMEDY AGAINST AIS AND AIS’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO AIS’S REPAIRING OR REPLACING THE DEFECTIVE PRODUCT, OR AT AIS’S OPTION, REFUNDING THE PURCHASE PRICE IN NO EVENT SHALL AIS HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCT SOLD HEREUNDER, NOR SHALL AIS HAVE ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

3.Shipping and Delivery: AIS shall not be responsible for delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of Buyer, strikes or other labor disturbances, inability to obtain fuel, materials, or parts, delays in transportation, repairs to the product, fires or accidents.

4.Risk of Loss: Risk of loss or damage to the product in transit shall be borne by Buyer and claims shall be made directly with carrier.

5.Defective Exchange: The products are sold on an exchange basis (unless otherwise specified in the sales order). Defective product must be received by AIS within 15 business days. Returned products must be repairable and an original manufactured product

6.Restocking Fee: Restocking fee is 20%. Unused products that are functional may be returned for restocking fee and must be received by AIS within 15 business days. Buyer must notify AIS of intent to return for restocking fee immediately: after 15 business days, full price of product will apply.

7.Indemnification: Buyer shall indemnify and hold AIS harmless from and against any and all costs, fees, expenses, liabilities and claims (including, without limitation. AIS’s reasonable attorneys’ fees and costs) incurred by or asserted against AIS arising out of or related to the Agreement not caused by the negligence of AIS.

8.Governing Law: This Agreement and its enforcement shall be governed by, and construed in accordance with, the laws of the State of California. Buyer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Orange County, California for any litigation or arbitration award which may arise out of or be related to this Agreement. Buyer waives any objection based on forum non conveniens or any objection to venue of any such action.

9.Entire Agreement: This Agreement (which consists of this Selling Agreement and any other necessary documents) constitutes the entire understanding between the parties, and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. Any modification to this Agreement must be in writing and signed by all parties to this Agreement. Any provision(s) of Buyer’s own purchase order form that differs in any manner from, or contains terms in addition to those set forth in this Agreement shall be of no force or effect. By signing this Agreement, Buyer expressly agrees to be bound by the terms and conditions hereof, notwithstanding any terms and conditions in Buyer’s own documents to the contrary. AIS’s acceptance of Buyer’s purchase order is expressly made conditional on Buyer’s assent to the terms of this Agreement. Any terms that differ in any manner from or are in addition to the provisions of this Agreement shall be of no force or effect.

10.Severability: If any provision(s) of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

The terms and conditions of this Agreement shall apply to all product ordered by Buyer from AIS from and after the date hereof, except as otherwise expressly specified in an order signed by AIS.