- Offer and Acceptance.
This Quotation of Acknowledgement is an offer (the “Offer”) by MedSpaPrice.com (“MSP”) to list for sale, for Manufacturer or Seller, the goods or services referenced in the Agreement (the “Products”) to Customer. Customer may accept this Offer orally, in writing or by performance, but Customer’s acceptance, regardless of form, shall not alter these terms and conditions (“Terms”). If customer objects to any of these Terms, Customer must set forth each objection in a separate writing signed and dated by Customer and delivered to MSP prior to or at the same time as the Customer’s purchase order or other forms of acceptance. Customer’s issuance of a push case order which purports to reject some or all of these Terms by virtue of standard form language shall not be sufficient objection. Any objections to which MSP does not agree in writing shall be deemed rejected and shall not become a part of the parties’ agreement. MSP’s failure to object to provisions in any purchase order, or other communication from Customer (including, without limitation, penalty clauses of any kind), shall not be a waiver of these Terms, nor an acceptance by MSP of any such provisions. Any terms in Customer’s purchase order or any other document of acceptance which are different from or additional to these Terms are hereby rejected unless specifically accepted by MSP in a separate document signed by both Customer and authorized MSP representative, regardless of whether such other terms would materially alter these Terms. No course of dealing, customer or usage, which is contrary to these Terms shall apply. MSP may correct any typographical or clerical errors in prices, specifications, quotations, or acknowledgements.
- Prices.
Product prices are subject to change without notice by the Manufacturer or Seller. MSP does not set product prices. Prices are quoted in US dollars and are FOB point of shipment. Prices do not include freight or delivery charges, taxes (sales, excise, use, ad valorem, etc.), or any export or import duties unless otherwise noted on the Agreement.
- Financial Condition.
To determine Customer’s creditworthiness, Manufacturer or Seller may, at its discretion, require full or partial payment in advance. Determination of financial condition is up to the Manufacturer or Seller.
- Payments.
All payments are to be settled directly with the Manufacturer or Seller. MSP shall not be responsible for any payment handling.
- Shipment.
MSP is not responsible for product shipments. All products are shipped by the Manufacturer or Seller.
- Cancellation and Returns.
Order cancellations and returns are the responsibility of the Manufacturer or Seller. MSP does not accept returned merchandise and is not responsible for any merchandise that is shipped to its facilities. Customer must contact the Manufacturer or Seller directly to cancel an order.
- Delays.
MSP shall not be liable for loss, damages, or non-performance resulting from Manufacturer or Seller delays in receipt of final specifications or instructions from Customer changes in specifications, events of force majeure, or other cases that are beyond MSP’s reasonable control.
- MedSpaPrice.com Warranty and Customer Remedies.
MSP holds no warranties about Products. Customer must check with the Manufacturer or Seller for all warranty and customer remedies details.
- Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL MSP BE LIABLE TO CUSTOMER FOR INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF USE ARISING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF WARRANTY, BREACH OF CONTRACT, MATERIALS OR OTHERWISE, OR FROM ANY ACTS OR OMISSIONS OF MSP’S EMSPLOYEES OR AGENTS, TORTIOUS OR OTHERWISE. IN NO EVENT SHALL MSP’S LIABILITY FOR ANY CLAIM BROUGHT BY CUSTOMER EXCEED THE PRICE OF THE DEFECTIVE PRODUCT.
- Notices.
Any notice required or contemplated by this Purchase Order shall be in writing and shall be delivered personally or sent by telefax or by prepaid registered mail. Notice by telefax shall be deemed to have been received when transmitted and any notice sent by registered mail shall be deemed to have been received on the second day following the day mailed.
- Miscellaneous. Customer may not assign any rights arising of the parties’ business relationship or any MSP duty without MSP’s prior written consent. Invalidity of any provision of these Terms shall not affect the validity of any other provision and any invalid provision shall be severed from the valid provisions. No failure by MSP to exercise any right accruing to it by virtue of the parties’ relationship or under any contract entered into with Customer shall operate as a waiver thereof or preclude the exercise of any other right or privilege by MSP. There are no other terms and conditions applicable to the sale of the Products other than those contained in these Terms. No modification, amendment, waiver or other change of any provision of MSP’s Terms shall be binding on MSP without MSP’s written consent.
- Governing Law, Venue. These Terms and the parties’ relationship shall be governed by North Carolina state law, as if the relationship arose in and was to be performed entirely within the state. The exclusive venue and jurisdiction for the resolution between the parties shall be the state or federal courts for Raleigh, North Carolina. Any action for a breach of contract or other claim arising out of parties’ business relationship must be commenced within one year after the cause of action has accrued.
- Disclosure of Information. Any information, suggestions or ideas given by the Customer to MSP in connection with MSP’s performance hereunder are not secret or submitted in confidence, except as may be otherwise agreed in a separate writing signed by MSP.
- Attorneys’ Fees. In any action to enforce its rights arising out of the parties’ business relationship, MSP shall be entitled to recover all costs incurred in connection with this action, including, without limitation, attorneys’ fees and all other litigation costs.