General
The placing of an order by Buyer constitutes its acceptance of our offer to sell the products so ordered upon the terms and conditions set forth herein. Regardless of whether or not Buyer may have presented its own business terms different from ours when placing its purchase order.
Warranty
Vivari Corp / EpiStep warrants that the EpiPin Pro device and EpiPin Handles are free from defects. We will repair or replace any defective EpiPin Pro if it fails within 2 years, any EpiPin Handle within 6 months after purchase, provided that our inspection shows that such failure is due to defective material or workmanship.
This warranty does not cover
- Damage resulting from neglect, abuse, accident or alteration; or damage caused by flood, fire, acts of God or any other casuality.
- Damage or failure resulting from the failure of purchaser to follow normal operating procedure outlined in the printed and video instructions.
Offers and Orders
Our offers are not binding. Purchase orders or verbal agreements are binding only to the extent confirmed by us in writing. In case of short notice delivery, our invoice takes the place of a written order confirmation. The minimum order per shipment is $50.
Invoicing
The prices invoiced by us will be those in effect on the date of receipt of Buyer’s order. If there has been a price increase since we submitted our last offer, Buyer is entitled to cancel its order within 14 days after the date on which the price increase has been communicated: this right of order cancellation does not exist if the price increase refers only to an increase in packing or shipping costs. We disclaim any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.
Delivery Times
Delivery times quoted by us are approximate and not binding. The fact that a delivery time has been exceeded does not entitle Buyer to cancel its order or to claim damages of any kind. Our obligation to make any delivery to Buyer is postponed for so long as Buyer is in arrears in any payment to us. Orders received before 12pm Mo – Fr are shipped the same day or the following work day. Delivery takes 3-7 days depending on the distance of the recipient to our Office based in NY.
Delivery
Unless otherwise agreed upon in writing, delivery is made F.O.B. origin. Delivery may be made, at our choice, via Fed Ex., Parcel Post or other carrier.
Shipment
All shipments are at Buyers risk. Any freight damage must be reported by Buyer to the carrier or shipping company immediately after receipt of a shipment.
Returns
Within 6 months after purchasing the EpiPin Pro device, we will give a full refund after receipt if its technology does not fall under your State’s Board Regulations. The cost of any complimentary products that have been used like the EpiPin Heads or the EpiMasks will be deducted from the amount to be refunded. If the EpiPin Pro device will be returned for any other reason, a 25% restocking fee + return shipping cost + cost of any complimentary products used, will be applied. Any refunds will be paid after receipt of goods.
Force Majeure
We shall not be liable for any delay or failure to perform our obligations due to any cause beyond our reasonable control including, without limitation, fire accident, act of public enemy, war, rebellion, insurrection, sabotage, transportation delay, shortage of raw material, energy or machinery, act of God, government or the judiciary.
Payment
All shipments will be sent C.O.D. or credit card until, in our discretion, proper credit has been established. Once proper credit has been established, payment for each shipment shall be due and payable no later than 30 days after shipment. Interest may be charged on any amount past due at the maximum rate allowed by applicable law.
Property Reservation
All goods supplied remain our property until all our accounts receivable from Buyer have been fully paid by Buyer. Our property reservation proportionally also includes new products which have been made by Buyer using our products as ingredients. Buyer herewith cedes to us any claims which it may have against third parties as a result of its sale of goods which are still under our property reservation, to the extent of its unsettled accounts payable to us. Any seizure by a third party of goods which are under our property reservation must be immediately communicated to us by Buyer.
Claims
In case of complaints about the characteristics, condition, quality or the quantity of any supplied goods, notice of the objection raised must be given within 15 days of receipt of shipment. Justified complaints will be met, at our choice, either by a price reduction, replacement or by taking the goods back. Further claims of any kind including, without limitation, claims of compensation for damages are hereby expressly denied. Goods subject to complaint must not be returned to us unless we have expressly agreed to take them back.
Technical Information
Information about the use of our products in the manufacture of other preparations and regarding the application of our products as well as other technical information is given to the best of our knowledge but without any obligation and excluding any liability whatsoever.
Trademarks and Trade Names
The trademarks and trade names assigned to or associated with our products may be used only with our previous written consent. This applies also to the trade names and trademarks of those of our products which are used as ingredients in other preparations.
Performance and Jurisdiction
Except as otherwise expressly provided herein. The agreement created hereby and all sales shall be construed in accordance with the laws of the State of NewYork and governed by the Uniform Commercial Code as enacted in NewYork. Venue for any action hereunder shall lie in Comal County, NewYork.
Miscellaneous
This agreement constitutes the entire agreement between the parties, and may only be modified by a written instrument signed by both parties. Neither we nor Buyer shall be bound by any oral agreement or representation. Buyer may not assign this agreement without our prior written consent, which shall not be unreasonably withheld. The invalidity or unenforceability of any portion of this agreement shall not affect the remainder thereof, which shall continue to be valid and enforceable.
