Terms and Conditions (Professional Products)
PARASIGHT ANNUAL AGREEMENT TERMS AND CONDITIONS
Additional consumables beyond the monthly practice commitment can be ordered on demand from Parasight using the above product descriptions at the contracted annual consumables pricing as noted above. Minimums apply. Payment due upon order.
MEP Equine Solutions LLC also referred to as "Parasight" retains title of the instrument(s) and you have the right to use the instrument(s) for the term, provided you meet the terms and conditions of this agreement. At the conclusion of this Agreement and if the obligations of the Agreement are met you will have the option to renew this Agreement. During the term of the Agreement, you shall not transfer or sell the instrument(s) to any third party, nor allow the instrument(s) to be removed by anyone other than an authorized Parasight representative; provided that the foregoing limitation shall not apply with respect to any transfer or sale of your entire business or practice. You will use your best efforts to take good care of the instrument(s) while in your possession; specifically, the system will be located on a secure location such as a countertop. While in your possession, you will keep the instrument(s) insured against all risks of loss or damage in an amount of not less than $5,000. Parasight agrees to provide its full warranty for all equipment listed, for the entire term of the agreement.
Failure by you to meet the minimum purchase commitment set forth in the section above shall entitle Parasight to take the following action without notice: Parasight may require you to immediately pay to Parasight the amount due for the remainder of the term pursuant to the minimum purchase commitment set forth in the section above, and return the equipment to Parasight at your expense.
Parasight provides a consumables guarantee, whereby any failure due to defect caused by shipping. Parasight does not guarantee consumables that are improperly stored through exposure to extreme temperature or light or defective due to due to improper rotor storage, operator error or sample integrity.
Your acceptance of the terms and conditions checkout check box indicates you have read and agree to these terms and conditions of the Parasight Annual Agreement. The terms above are complete and final, subject to Parasight corporate approval. This document constitutes the complete understanding between the two parties. We appreciate your business and look forward to serving you.
ADDITIONAL TERMS AND CONDITIONS
VETERINARY PROFESSIONAL PRODUCTS
1. During the term hereof, Customer agrees to purchase from MEP EQUINE SOLUTIONS (ALSO REFERRED TO AS “PARASIGHT”) the minimum amount of Parasight consumables as detailed on the client's (also referred to as Customer or Veterinary Professional) initial order form to which these Terms and Conditions form a part.
2. Failure by Customer to meet the minimum purchase commitment set forth in Section 1 shall entitle Parasight to take the following action without notice: pay to Parasight the amount due for the remainder of the term pursuant to the minimum purchase commitment set forth in Section Parasight shall have the right to offset any monies payable by Customer hereunder against any sums then owing from Parasight to Customer.
3. Warranty: Parasight warrants that the equipment to be supplied under this agreement shall be free from defects in workmanship and material for a period of one year from the date of acceptance, unless otherwise specified in agreement. Should any failure to conform to this warranty arise within this time period, Parasight shall correct such nonconformity by repair or, at its option, by replacement, provided that the equipment has been stored, installed, maintained, and operated in accordance with good industry practice and any specific recommendations of Parasight. All claims must be submitted to Parasight during the warranty period, or shall be deemed waived by Purchaser. Parasight shall have the right to inspect the defective equipment upon request, or if such equipment is not installed, to have it returned by Purchaser. If it is found that the returned equipment is non-conforming to Parasight’s warranty, Parasight shall reimburse Purchaser for reasonable shipping charges and will return to Purchaser repaired or replaced goods at Parasight’s cost. Parasight shall not be responsible for costs of removal or installation of any item whether or not supplied by Parasight. Correction of nonconformities, whether patent or latent, in the manner and within the time provided above shall constitute the entire liability of Seller with respect to such equipment whether in agreement, warranty, tort, strict liability, or otherwise.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXCEPT THAT OF TITLE, WHETHER WRITTEN, ORAL, OR IMPLIED, IN FACT OR IN LAW (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).
4. Taxes: The amount of any present or future sales, revenue, excise or other taxes applicable to the sale of the equipment and products shall be added to the purchase price in the invoice and shall be paid by the Purchaser together with the purchase price, or in lieu thereof the Purchaser shall provide a tax exemption certificate acceptable to relevant taxing authorities.
5.. Limitation of Liability: In no event shall Parasight be liable to Purchaser, whether based on contract, tort, strict liability, indemnity, warranty or otherwise, for any special, indirect, incidental, punitive or consequential damages, such as but not limited to, loss of anticipated profits or revenue, loss of use of system, non-operation or increased cost of operation of other equipment, cost of capital, cost of purchased or replacement product or power, or claims of customers of Purchaser for loss or damage of any nature whatsoever, even if Parasight was advised of the possibility of such damages. Refund of purchase price or correction of nonconformities, whether patent or latent, in the manner and within the warranty time period provided above shall constitute the exclusive and entire liability of Parasight with respect to the Products sold to Purchaser hereunder, whether such liability is based on contract, warranty, tort, strict liability, or otherwise.
6. Use of Product: Purchaser shall use the Products in strict accordance with all applicable laws and regulations, as well as all instructions and safety precautions accompanying the Products.
7. Governing Law: This Agreement, its acceptance, sale of the Products, and any other matter arising out of the transaction contemplated hereunder shall be governed by the substantive law of the State of Kentucky without giving effect to its choice of law principles.
9. All other terms and conditions of the initial order form remain in full force and effect.