Terms of Use – SunsMedic Corporation

1. General

The following Terms and Conditions apply to all offers, deliveries and services made or rendered by the Seller as well as to pending and future transactions and deliveries even if no express reference to these terms is being made, as far as these terms have applied to an earlier transaction or delivery. Deviating terms of the Buyer shall only apply if expressly confirmed by the Seller in writing.

2. Offers and Prices

Offers of the Seller are made without obligation as regards price, quantity, time of delivery and availability of goods. The Seller takes great care to ensure price stability, however the Seller reserves its right to change prices without notice. Goods will be invoiced at the prices valid on the date of confirmation of the Buyer’s order by the Seller. Quotation prices are valid for thirty (30) days from the date of quotation. Prices quoted are exclusive of freight, insurance and all other respective export documentation costs which will be invoiced separately.

3. Orders

Orders received are subject to confirmation in writing by the Seller. Any purchase orders placed with Order Entry are considered final. Once received by SunsMedic, no changes or cancellations will be accepted on this order.If you receive a Proforma invoice upon placing your orders, please review all details on this Proforma Invoice, including catalogue numbers, quantities and prices and ensure they are correct before sending confirmation to SunsMedic. Any issues and/or queries must be raised with SunsMedic immediately before sending confirmation. Please note that once this Proforma Invoice is confirmed, no changes or cancellations will be accepted on this order. An applicable freight and handling charge will be applied to all orders. A charge will be applied to all orders which require export documents to be legalized.

4. Terms of Payment

Payments must be made within the agreed terms set by the Seller. Any changes to the payment terms will be mutually agreed by the parties. All duties, import taxes and related charges will be paid by the Buyer. If the Buyer exceeds the agreed terms of payment, the Seller shall have the right to charge interest at the rate of 2% per month. In case of default the Seller reserves its statutory right to claim damages for non-performance and to terminate the contract and any outstanding balance owed to the Seller shall become due and payable immediately. Please be advised, SunsMedic will never change bank details without prior notice. This change will always be advised in writing on company letterhead signed by the Managing Director.

5. Delivery and Shipment

Delivery terms shall be FOB, freight will be added to the invoice. Title and risk of loss shall pass to Customer upon delivery to the carrier. SunsMedic reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of Customer’s obligations to accept remaining deliveries.

6. Ownship

Ownership of goods is retained by the Seller until goods are paid for in full. The responsibility for insurance and care of goods, including 3rd party risks is with the Buyer.

7. Inspection and Returns

Upon your receipt of goods, you shall inspect the goods and notify our Customer Services Department of any claims for shortages, defects or damages. If you fail to so notify us within ten days after you receive the goods, the goods shall conclusively be deemed to conform to these Terms and Conditions and to have been accepted by you. Authorization for all product returns must be approved by our Customer Services Department and a return authorization number given to you prior to the return of goods. Not all items will be authorized for return, due to temperature and packing requirements. Items authorized for return must arrive at our facilities in a state satisfactory for resale to be eligible for product credit. A restocking charge of 20% or $25 (whichever is greater) may be charged on returns that are not the result of any error or fault of ours. Shipping charges will not be credited. Goods may not be returned for credit more than 30 days after your receipt of the goods.

8. Credits and Refunds

At our discretion, we may issue a product credit or refund for the product value and shipping charges. No product credit shall be available for use if a past due balance is outstanding on the account. Any product credit not used within six months of the date of issue shall expire.

9. Product Descriptions

The product descriptions provided on this Web site are for general informational purposes only, and are not warranties or promises regarding the products, their features or performance. If you are interested in further information regarding products or sales terms, please contact SunsMedic’s Customer Service Department.

10. Copyright

11. Warranties

SunsMedic warrants that the product will meet specifications listed. At SunsMedic’s discretion, free replacement of any nonconforming product will be made if SunsMedic is notified within 30 days of product receipt. This warranty limits SunsMedics liability to the cost of replacement of the product in question only. SunsMedic provides no other warranty, express or implied, and is not liable or responsible for any indirect or incidental damages or loss as a consequence of product use. No warranty is given for products used after the printed expiration date or for products not stored or used according to the product use specifications given.

12. Disclaimer

The materials provided at this site are provided “as is”, without any warranties of any kind, including warranties for non-infringement of intellectual property. SunsMedic does not warrant the accuracy, completeness or timeliness of the materials at this site. Changes to the materials at this site may be made at any time without notice. The materials at this site may be out of date and SunsMedic makes no commitment to update the materials at this site. This site may contain links to other sites. SunsMedic is not responsible for the privacy practices of such Web sites.

13. Security Policy

Your payment and personal information are always safe. Our Secure Socket Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the internet.