These terms and conditions (“Agreement”) apply to your purchase if products sold in the United States (“Product”). By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement.
These Terms and Conditions of Sale of Goods constitute a binding contract between Customer and Vacalon. Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on Vacalon’s website. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Vacalon’s website at the time the Customer places an order will govern the order in question, unless otherwise agreed to in writing by Vacalon and Customer. Due to the fluctuations in manufacturing costs of certain products, prices may be subject to change without notice. In addition Vacalon is not responsible for pricing, typographical or other errors, in any offer by Vacalon and reserves the right to cancel any orders resulting from such error. This agreement may not be altered, supplemented or amended by the use of any other document, unless otherwise agreed to in a written agreement signed by both you and Vacalon.
Terms of Payment are within Vacalon’s sole discretion, and unless otherwise agreed to by Vacalon, payment must be received by Vacalon prior to Vacalon’s acceptance of an order. Payment may be made by MasterCard, Visa, Discover or American Express. Pay Pal payments are also currently accepted. All orders are payable in US Dollars. If credit terms are agreed to, all account invoices are due 30 days from the date of invoice. Any past due accounts will be placed on credit hold until the account becomes current. All past due accounts are subject to a finance charge of 1.5% per month and those accounts that are continuously past due will have their credit terms revoked. Returned checks are subject to a $30 fee. If an account becomes delinquent the account holder will be responsible for payment of all reasonable collection costs incurred by Vacalon, including attorney’s fees and court costs.
Shipping charges; Taxes; Title; Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the tiem of sale. Title to products passes from Vacalon to Customer on shipment from Vacalon’s facility. 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. Unless you provide Vacalon with a valid and correct tax exemption certificate applicable to the purchase of products and products ship-to location, you are responsible for sales and other taxes associated with the order.
Before any merchandise returns will be accepted the customer must contact Vacalon to receive a Return Authorization Number. Please refer to our Return Policy for complete details on our return terms and conditions.
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. 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.
Limitation of Liability
Vacalon does not accept liability beyond the remedies set forth herein, including but not limited to any liability for product not being available for use, lost profits or the loss of business. Except as expressly provided herein, Vacalon will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party. You agree that for any liability related to the purchase of product, Vacalon is not responsible for any amount of damages above the amount invoiced for the applicable product. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.
The parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between customer and Vacalon arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Vacalon’s advertising, or any related purchase shall be governed by the laws of the State of Ohio, without regard to conflicts of laws rules.
Version Date: 01/01/2014