TERMS AND CONDITIONS OF SALE

 The following sets forth the terms and conditions of sale for Afton Medical LLC, with principal offices located at 5576 Bighorn Dr, Carson City NV 89701. By placing an order, Customer agrees to the terms and conditions below to the extent not inconsistent with any specific written agreement between Afton Medical and Customer. Customer hereby authorizes Afton to initiate debits/credits to the Account of Customer according to payment terms, as provided, and may be in the form of depository transfer check or ACH or other paper instrument or may be effected by electronic means and we hereby authorize and direct the Depository to debit/credit the Account in the amount of each Debit/Credit and to honor any pay the same in accordance with its terms. The authorization and direction set forth shall be a standing authorization and direction and shall remain in full force and effect until Afton receives written notice of termination from Customer in such time and such manner as to afford Afton and the Depository a reasonable opportunity to act on it. No further or other authorization or direction shall be required as a condition to the honoring and payment by the Depository of any individual Debit as contemplated by the foregoing. Standard product orders are subject to a 50% cancellation fee. All custom orders and custom packaging are subject to a 100% cancellation fee. Buyer acknowledges that the above cancellation fees shall be paid to the Seller as reasonable liquidated damages to compensate Seller in part for direct and indirect expenses incurred in connection with cancellation of order.

Prices

For up-to-the-minute price and availability, call your local Afton Medical Sales Representative. Minimum order quantities and/or special handling fees may apply. Please confirm at time of order placement. Some products distributed by Afton Medical may not be available for sale outside the U.S. and Puerto Rico.

Payment Terms

Payment terms are net 30 days, OAC. Any invoice that is paid past its due date will be assessed interest at a 2%monthly (or 24% annual) rate or the highest amount allowed by law, if lower.

Returned Goods Policy

Return Procedure

All returns must be authorized by your Afton Medical Sales or Customer Service Representative, who will advise you of the proper mode at transportation for the shipment. Authorization will be valid for only 30 days. Shortages and damages must be reported to Customer Service within 72 hours from receipt. Each return must include the following information: (1) Purchaser name and address, (2) Afton Medical invoice number, (3) Invoice date, (4) Purchaser purchase order number, (5) Quantity, catalog number and description of item and (6) Reason for return plus (7) Returned Goods Authorization (RGA) number.

Return Policy

Afton Medical will authorize the return of all products in salable condition with the following exceptions:

• Products not purchased from Afton Medical. By offering product for return to Afton Medical, Customer warrants and certifies that the products were purchased by the Customer from Afton Medical.

• Products purchased more than 3 months prior to the return request.

• Products with expiration date less than 60 days.

• Products that are regulated hazardous chemicals or reagents.

• Instruments that have been used to analyze human body tissue.

• Sterile each of low unit at measure product.

• Special or custom products made to customer specifications.

• Products returned in defaced or other than original packaging.

• Drug products that are shipped outside the United States (reimport prohibited).

• Any controlled substance product that is regulated by the DEA.

• Refrigerated, frozen or temperature-controlled products with the exception that Cool Room coded product coded) can be accepted back from customers and returned to stock only if ALL circumstances noted below apply to the return

1.    The product is returned within a 5-day transit time window.

2.    The external outdoor air temperature is less than 86 degrees Fahrenheit

3.    The only acceptable reasons for the return are a picking error or an ordering error. All return items not locally stocked will be subject to locally determined restocking fee.

All returns not due to Afton Medical error will be subject to a minimum of 15% restocking fee. In the event that an unauthorized return is accepted, there will be a minimum of 25% restocking fee.

How to Initiate a Freight Claim

Contact your Afton Medical Customer Service Representative to report any damages or shortages.

1.    Truck driver and receiver should jointly examine contents.

Visible Damage or Shortage

1.    Both carrier's copy and consignee's copy of delivery receipt should be endorsed  as to type of damage or shortage, along with notation of product codes.

2.    Following carrier notification, product must be held for carrier inspection.

3.    The carrier's representative will examine goods within 5 days and will fill out an "Inspection Report of Loss or Damage." Both carrier and receiver sign this report. Receiver should take exception to any statement by inspector with which they do not agree. The receiver retains copy of inspection.

4.    Due to medical product licensing constraints, carriers are not allowed salvage. Obtain a Certificate of Destruction from carrier or Afton Medical if inspection is waived.

Concealed Damage or Loss

1.    Receiver must leave contents in original container and hold for carrier's inspection.

2.    Report concealed damage or loss to delivering carrier immediately and request inspection. Inspection request must be within 72 hours of delivery. Notice may be given to the carrier by phone, email or in person and shall be confirmed by mail.

3.    Contact Afton Medical Customer Service within 72 hours to report a claim.
    

Reporting a Claim

1.    Report damage or shortage to Customer Service within 72 hours of delivery.

2.    All claims must be filed for a definite amount and have appropriate supporting documentation. Be prepared to provide the following information and photocopies to Customer Service at the time you report the damage.

• Name of the carrier.

• Original bill of lading number.

• Original invoice number.

• Photocopy of carrier's document pertaining to the particular shipment involved, wherein carrier has   acknowledged loss and/or damage over carrier's signature (where loss or damage is noted at time of delivery). Ensure product codes and quantities are indicated.

• Photocopy of inspection report (concealed loss or damage claims).

Procedure for Handling Damaged Merchandise and Freight Claims

1.    Inspect all shipments the same day they are received.

2.    Noticeable damage must be noted on the delivery receipt of the freight bill at the time of delivery or claim will be disallowed. Include product codes, quantities and damage descriptions as part of the notation.

3.    Notify the Afton Medical Customer Service Representative within 72 hours of the
   customer receipt so a claim may be properly filed by the Freight Claims Department
   with the carrier.

4.    Damage must be followed with a request for inspection from the delivering carrier in order to substantiate proper amount of damage. The request for this inspection must be made within 72 hours of delivery. An inspection report is mandatory when filing a claim.

5.    Retain the merchandise at your facility until inspection has been completed by the carrier or its representative.

6.   The carrier's representative will examine goods within 5 days and will fill out an "Inspection Report of Loss or Damage" or an "Inspection Report of Loss or Damage Discovery After Delivery." Both carrier and receiver sign this report. Receiver should take exception to any statement by inspector with which they do not agree. The receiver retains copy of inspection.

7.    Due to medical product licensing constraints, carriers are not entitled to salvage of
   damaged product. Obtain a Certificate of Destruction from carrier. In the event that
   inspection has been waived, an internal Certificate of Destruction is acceptable with
   approval tram Afton Medical.

Product Delivery

Shipments are FOB Destination. Freight charges incurred on shipments sent at customer’s request via transportation modes other than standard ground rate shall be prepaid and added to customer invoice. Shipment and delivery dates are only Seller’s estimate of the shipment/delivery date. While Seller shall use commercially reasonable efforts to meet such date, Seller shall not be liable for damages of any kind (including any direct, incidental, consequential or punitive damages) for the failure to meet such date or any delay in shipment or delivery. Delivery of an installment shall not relieve Buyer of its obligation to accept remaining deliveries Afton Medical shall use its reasonable efforts to fill orders, but Afton Medical shall not be liable for nonperformance or delays caused by a shortage of raw materials, manufacturing problems, delivery or labor problems, acts of regulatory agencies, discontinuation of a product line, Acts of God or causes beyond its control. Customer agrees that, in such events, Afton Medical may allocate products among all purchasers, without liability.

Export Controls

Regardless of any disclosure made by Buyer to Seller of an ultimate destination of Products, Buyer shall not export, either directly or indirectly, any documentation, Products, or system incorporating Products without first obtaining such license or other approvals as required by the United States Government.

Warranty

AFTON MEDICAL WARRANTS THAT ANY PRODUCT IT MANUFACTURES IS, AS OF THE DATE OF SHIPMENT, FIT FOR THE PURPOSES AND INDICATIONS DESCRIBED IN THE LABELING. UNLESS THE PRODUCT IS USED IN ACCORDANCE WITH ITS INSTRUCTIONS, THESE WARRANTIES ARE VOID AND OF NO EFFECT. OTHER PRODUCTS DISTRIBUTED BY AFTON MEDICAL CARRY ONLY THOSE WARRANTIES MADE FOR THEM BY THEIR MANUFACTURER. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY DR FITNESS FOR A PARTICULAR PURPOSE. AFTON MEDICALS SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE, AT AFTON MEDICALS OPTION, TO REPAIR OR REPLACE THE PRODUCT. AFTON MEDICAL SHALL NOT BE LIABLE FOR PROXIMATE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MORE SPECIFIC WARRANTIES MAY ACCOMPANY INDIVIDUAL PRODUCTS.

Publicity

Customer will not make any press release or other public announcement regarding its purchases at products from Afton Medical without express prior written consent.

Compliance with Law

By placing an order, Customer represents and warrants that it has all required local, state and federal licenses, permits and approvals required to purchase, use and/or store the products it elects to purchase from Afton Medical. If Customer receives from Afton Medical any "discounts or other reductions in price" under Section 1128 b(b)(3)(a) at the Social Security Act (42 U.S.C.1320-7b(b)(3)(a)). Customer shall disclose the discounts or reductions in price under any state or federal program which provides cost or charge-based reimbursement to such customer for the products or services it purchases from Afton Medical.

Governing Law

The agreement resulting tram these Terms and Conditions of Sale shall be governed by the laws of the State of California, applicable to contracts made and to be performed in that state.

All terms and conditions contained herein are subject to change without notice.

Download Terms & Conditions here

Service Disabled Veteran-Owned Small Business
Cage Code 3QDX5 - CCR #141938824

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