These Terms and Conditions ("Agreement") govern the sale of goods by Vacalon Company Inc ("Seller," "we," or "us") to the purchaser ("Buyer" or "you"). By placing an order for goods, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not place an order.
1. Product Description and Pricing
1.1 We strive to provide accurate and up-to-date product descriptions and pricing information. However, we do not warrant that the product descriptions or prices are error-free, complete, or current. In the event of an error, we reserve the right to correct it and cancel or refuse any orders placed for incorrectly priced products.
2. Orders and Acceptance
2.1 By placing an order, you make an offer to purchase the goods in accordance with this Agreement. We reserve the right to accept or reject your offer at our discretion.
2.2 Once we receive your order, we will send you an order confirmation email acknowledging the details of your purchase. This email does not constitute acceptance of your order unless expressly stated.
2.3 Acceptance of your order and the formation of a contract between the parties will occur when we dispatch the goods to you and send you a confirmation email with tracking information.
3.1 Payment for the goods must be made in full at the time of placing the order, unless alternative payment terms have been agreed upon in writing between the parties.
3.2 We accept payment methods as indicated on our website. All payments are subject to verification and authorization by the relevant payment provider. If the payment is not authorized, your order may be canceled.
4. Shipping and Delivery
4.1 We will make reasonable efforts to deliver the goods within the estimated time frame provided. However, please note that delivery dates are estimates and are not guaranteed. We shall not be held liable for any delay or failure in delivery due to circumstances beyond our reasonable control, such as natural disasters, strikes, or transportation disruptions.
4.2 Shipping costs and methods will be specified at the time of checkout or as otherwise communicated to you. The shipping costs may vary depending on the destination, weight, and size of the goods. Any additional fees, such as customs duties or taxes, imposed by the destination country are the responsibility of the buyer.
4.3 We reserve the right to use third-party shipping carriers to fulfill the delivery of your order. The selection of the carrier is at our discretion unless otherwise agreed upon in writing between the parties.
4.4 Once the goods are tendered to the carrier, title to the goods passes to the buyer. It is your responsibility to inspect the goods upon receipt and promptly notify us of any damage, discrepancies, or missing items. Loss or damage that occurs during shipment by a carrier selected by Vacalon is Vacalon’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Claims for loss or damage should be filed immediately with the transportation company as they assume all responsibility after merchandise is delivered in good order to them and receipted for by them. Vacalon should also be notified immediately. Claims for shortages, missing parts, damages or incorrect items must be made within ten days of receipt of goods.
4.5 In the event of a failed delivery attempt, the carrier may leave a notification for you to reschedule delivery or arrange for pick-up at a designated location. It is your responsibility to follow the carrier's instructions and ensure the successful delivery of the goods.
5.1 We have a separate Return Policy that governs the process for returning goods and obtaining refunds. Please refer to our Return Policy for detailed information on eligibility, procedures, and any applicable fees.
6. Limited Warranty
6.1 Unless otherwise stated, Vacalon warrants its products to the original purchaser against defective workmanship and material under normal procedures of use and service within the dental profession, for a period of one year from the date of sale. No other warranty is implied and all warranties of fitness for a particular purpose and merchantability are expressly disclaimed.
6.2 Vacalon makes no warranties for non-Vacalon branded products. Such products are provided by Vacalon “as is” and third party warranties are provided by the original manufacturer or supplier.
7. Limitation of Liability
7.1 To the extent permitted by applicable law, our liability for any claims arising out of or related to the sale of goods, whether in contract, tort, or otherwise, shall be limited to the total amount paid by you for the goods in question.
7.2 In no event shall we be liable for any indirect, consequential, incidental, or punitive damages, including but not limited to lost profits or business interruption.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Fairfield County, Ohio.
Last Updated: June 6, 2023