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All products sold and services rendered pursuant here to shall be governed solely by the terms of this document, and such terms and conditions shall apply regardless of any additional or conflicting terms or conditions on any purchase order or other form issued by the Customer. None of the terms herein may be modified, waived or superseded except without the written consent of Seller's authorized representative. Neither Seller's acknowledgment of a purchase nor the Seller's failure to object to conflicting or additional terms and conditions in a purchase shall be deemed an acceptance of such terms and conditions or a waiver of the provisions hereof:
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a. Any warranty issued the manufacturer of products shall be solely that of the manufacturer and not of the Seller. Seller hereby assigns to Customer, as of the date that title passes to Customer for such product, all of the manufacturer's or vendor's warranties, express or implied, if any and if assignable, with respect to the product, and Seller hereby authorizes Customer to make or settle any claims under such warranties directly with any such manufacturer or vendor.
b. Customer shall pay the amount of any taxes, duties and similar charges levied by any government authority in connection hereof with. Such charges are not included in the price of the product and will be added to payments due to Seller. Customer agrees it will be responsible for all additional taxes, penalties from taxing authorities, and legal expenses incurred by Seller due to incorrect taxing information furnished by the Customer.
c. Seller is not liable for alleged defects in products sold or services performed, to third parties or anyone with whom it does not have a direct continual relationship. Seller is not liable for defects in information provided by secondary sources.
d. All goods shall be shipped FOB SHIP POINT, unless otherwise specified herein.
e. Customer assumes all risks for the use of the sold products and must confirm suitability thereof by its own tests. The liability will in no event exceed the purchase price of the products sold.
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Seller makes no other warranties, express or implied not specified herein with respect to products furnished or services performed hereunder. Customer's exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the product or performance of the service or return of the purchase price, at the option of the seller. In no event shall seller be liable for any special, consequential, exemplary, punitive, incidental or indirect damages, including without limitation damages to property, for loss of profits or income, loss of use of time, whether in contract, tort, or otherwise resulting from its performance, non-performance or delay in performance of its obligations hereunder whether or not seller had notice of the possibility of such damages occurring.
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| All Major Credit Card Accepted |
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©2008 Gate Medicals,Inc. All Rights Reserved
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Phone:
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(888)-483-5167
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Fax: |
(318)-797-9456 |
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