Exchange Policy

All exchanges, the exact part, in repairable condition, must be shipped back to Polaris Medical Imaging ("PMI") unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by PMI within 15 business days from the initial shipment date from PMI to customer; otherwise, customer will be billed the full quoted outright price of the exchange item not promptly returned.

If the part customer send to PMI is not the exact part, i.e. the serial number of the part PMI sends must exactly match the exchange/return part serial number, or is not in repairable condition, PMI has the option to refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon customer's receipt of the returned part, customer will have 5 business days to ship back to PMI the exact, repairable part; otherwise, customer will be charged the full quoted outright price of the part not promptly returned.

Dead On Arival ("DOA") Parts Policy

If in the event customer receives a DOA part, customer must notify PMI in writing within 5 business days of receipt of such part. Thereafter, the DOA part must be returned to PMI within 10 business days of provision of such written notice to PMI; otherwise, customer will be billed the full quoted price of the item not promptly returned.

Restock Parts Policy

If a part shipped to customer by PMI is unused, customer must obtain a RMA number from PMI before customer may return the unused part. No part will be accepted by PMI without an RMA number. Any parts being returned to PMI as restock must be returned within 10 business days from initial shipment date.

The following restock charges will apply:

Unopened: 8%

Opened: 15%

 

Payment Terms

The customer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to PMI's at its discretion. Credit card payments will be charged an additional 3% transaction fee. Payment due dates are based off of the day the part leaves PMI's facility. Past due accounts are subject to a service charge of 5% per month. In the event that the unpaid balance goes to collections, customer will be assessed a collection fee due in addition to the original amount owed. This fee will be exactly 30% of the past due amount. If for any reason a check is returned for insufficient funds there will be a charge of $l50.00 per returned check. Should the need arise, customer will also be responsible for court costs, attorney's fees and other reasonable costs associated with the liquidation of merchandise. After 30 days if payment is not received, there will be a fixed 1.5% monthly interest rate on any amounts due to PMI for any parts and/or services provided.

Parts Limited Warranty Policy

All parts, unless stated otherwise, are shipped with a 30 day limited warranty against material defect. This limited warranty supersedes any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacture ("OEM") specifications, or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective ("DOA") part, or refund of the purchase price for such part, at Polaris Medical Imaging's ("PMI"). Any warranty claim must be made, by written notification to PMI, within 5 business days of shipment of the DOA part from PMI to your facility. Any DOA part, subject to a warranty claim, must be received by PMI within 10 business days of provision of written notification of the warranty claim; else, you will be billed for the full OEM list price of the item not promptly returned. In the rare instance any warranty claim is issued, it is the sole responsibility of the customer to pay for (1) the shipping of the replacement part from PMI to the specified shipping location provided by the customer and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to PMI (9449 Summerbell Ln, Houston, TX 77074).

Limitation of Liability

The parties agree that PMI shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment, or the provision of medical services utilizing the Equipment. Furthermore, PMI shall not be liable or responsible for any loss, damages or impairment to the Equipment that may occur during the de-installation, rigging, transportation, installation or ramp up of the Equipment, unless caused by PMI's gross negligence or willful misconduct. PMI shall not be liable for any Equipment failures or malfunctions caused by customer's failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall PMI's total liability in damages or otherwise exceed the total of the payments, if any, received by PMI from customer for the services furnished or to be furnished pursuant to the Agreement. In no event shall PMI be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. PMI assumes no responsibility whatsoever for any matters relating to Equipment calibration and use. Customer hereby agrees to hold harmless and defend through counsel of PMI's choice; PMI and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney's fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. PMI specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever.

Arbitration

All sales transactions are governed by Texas law. Any disputes arising out of or related to sales of equipment shall be brought exclusively in the state or federal courts located in Houston, Texas. The parties consent and submit to personal jurisdiction and venue in the state or federal courts located in Houston, Texas.

If Polaris Medical Imaging is required to institute legal proceedings to collect any sums due as a result of sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys fees and costs incurred.