PLEASE READ THESE TERMS AND CONDITIONS OF SALE (SALE AGREEMENT) VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS. For any comments or questions, please email or call us toll free at (866) 637-4177
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Total Bariatrics. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to you or your shall relate to the Customer; references to Total Bariatrics shall relate to Total Bariatrics. The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Total Bariatrics relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Total Bariatrics. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Total Bariatrics.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN TAYLOR COUNTY, TEXAS FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss Title to goods herein being purchased passes to the purchaser upon delivery of the goods to the purchaser, unless otherwise specified. Loss or damage that occurs during shipping by a carrier selected by Total Bariatrics is Total Bariatrics's responsibility and claim for loss or damage will be filed by Total Bariatrics providing Customer has refused product at time of delivery or has notated sufficiently on the delivery ticket that carrier has damaged the product. Loss or damage that occurs during shipping by a carrier selected by Customer is Customers responsibility.
General Legal Disclaimer: Total Bariatrics HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY Total Bariatrics IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURERS WARRANTY, IF ANY.
Internet Disclaimer Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
Pricing and Information Disclaimer All pricing subject to change. For all prices, products and offers, Total Bariatrics reserves the right to make adjustments due to changing market conditions, product discontinuation, and other extenuating circumstances. High volume bids are welcome!
While Total Bariatrics uses reasonable efforts to include accurate and up-to-date information on the Site, Total Bariatrics makes no warranties or representations as to the Sites accuracy. Total Bariatrics assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability Total Bariatrics will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Total Bariatrics is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Arbitration Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), Total Bariatrics's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code of Procedure of ARBITRATION-FORUM.COM (the Code) in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Chicago, Illinois. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes Orders are not binding upon Total Bariatrics until accepted by Total Bariatrics Terms of payment are within Total Bariatrics's sole discretion. The Customer is responsible for sales and all other taxes.
WARRANTY EXCLUSIONS: Any products or services not paid in full according to the agreed terms of payment will make said Warranty Null and Void until all monies owed are paid in full, including any incurred expenses for collection of debt. Warranty will not be reinstated until all monies have been paid in full for products, services and collection fees. Please be advised that all collections involving a third party for hire, will result in a report to Dun and Bradstreet. Accordingly, no product, no parts or services will be sold to said customer until account is in good standing.