- Terms and Conditions
Terms and Conditions
These Terms and Conditions of Sale (the “Agreement”) constitute an offer by CuDerm Corporation (“CuDerm”) to provide the products described (“Products”) to the buyer to which this offer is addressed ("Purchaser"), subject to the terms and conditions set forth herein. No modification, change, renunciation, or waiver by CuDerm of any term or condition hereof or of any of CuDerm's rights or remedies hereunder shall be binding on CuDerm, and any purported oral or other consent thereto shall be void. CuDerm agrees to provide the Products to Purchaser only on the terms of this Agreement, not withstanding any language in Purchaser's purchase order or other writing previously or hereafter received by CuDerm purporting to amend, modify, or replace the terms of this Agreement, with any different or additional terms or reciting that provision or delivery of the Products, or any other action or inaction by CuDerm, constitutes agreement or consent to additional or different terms.
All statements, technical information, and recommendations concerning Products or samples provided by CuDerm are based upon tests believed to be reliable but do not constitute a guarantee or warranty. Products and samples are provided with the understanding that the Purchaser has independently determined the suitability of the Products for its purposes. CuDerm warrants the Products to be free from defects in material and workmanship for a period of one year after the initial shipment date. Should any such defect appear within one year after the initial shipment date. CuDerm shall, upon receipt of notification and substantiation of such defect from Purchaser, correct such defect by repair or replacement without charge at purchase price of the Products.
AGGREGRATE LIABILITY WITH RESPECT TO THE PRODUCTS SHALL BE LIMITED TO THE MONIES PAID BY PURCHASER TO CUDERM HEREUNDER. CUDERM SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO THE PRODUCTS OR ANY UNDERTAKINGS, ACTS, OR OMISIONS HEREUNDER OR RELATING HERETO.
Disclaimer of Implied Warranties of Merchantability and Fitness for Particular Purpose
CUDERM AND PURCHASER AGREE THAT THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNES FOR A PARTICULAR PURPOSE, WHICH OTHER WARRANTIES CUDERM HEREBY DISCLAIMS. Any description of the Products is for the sole purpose of identifying the Products and shall not be construed as an express warranty.
Limitation on Damages
CUDERM SHALL NOT BE LIABLE TO PURCHASER OR TO ANYONE CLAIMING UNDER PURCHASER FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR CONTINGENT DAMAGES INCURRED BY PURCHASER OR BY ANYONE CLAIMING UNDER PURCHASER.
All prices are F.O.B. shipping point. In filling order, delivery and billing of not over 10% constitiutes filling the order. Purchaser shall be billed for quantity actually shipped. Prices are subject to change without prior notice.
The net amount of invoice is payable in full within 30 days following date of invoice. All prices are in U.S. Dollars, F.O.B Dallas, TX. Shipping will be added to the invoice at cost with NO handling or markup charges. Prices, specifications, and terms are subject to change without notice. Invoices not paid within 30 days of due date shall thereafter bear monthly service charges at rate of 1% per month on the unpaid balance until paid. If, in CuDerm's opinion, the Purchaser's financial condition does not justify continuance of production or shipment on the terms of payment specified, CuDerm may require payments in advance. CuDerm may require payment in advance for all international orders.
Freight charges shall be prepaid and billed, or sent directly to the Purchaser.
Title and risk of loss to all products purchased shall pass to the Purchaser upon delivery by CuDerm to a common carrier. If Purchaser specifies a carrier that is not a CuDerm approved carrier, the shipment will be made on a "Freight Collect" basis.
Production Schedules and Delays
CuDerm shall not incur any liability or penalty for delays in production or delivery due to causes beyond the reasonable control of CuDerm. In the event of a stoppage or delay resulting from any such cause, CuDerm shall perform such parts of the work as CuDerm is capable of performing and, should Purchaser place all or any part of the work elsewhere, CuDerm shall be entitled to resume such work as soon as practicable. Purchaser's exclusive remedy for delays shall be rescission of the affected order.
Purchaser agrees to reimburse CuDerm for CuDerm's reasonable and necessary attorney's fees and other costs incurred by CuDerm in collecting any sums owed by Purchaser to CuDerm
The internal laws of the State of Texas shall govern the rights and obligations of CuDerm and Purchaser under this Agreement.
Final Written Expression
THIS AGREEMENT CONSTITUTES A FINAL WRITTEN EXPRESSION OF ALL OF THE TERMS BETWEEN CUDERM AND PURCHASER AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THOSE TERMS. ANY NEGOTIATIONS OR UNDERSTANDINGS BETWEEN CUDERM AND PURCHASAER WHICH ARE NOT CONTAINED IN THIS AGREEMENT HAVE NO FORCE OR EFFECT. ANY PURCHASE ORDERS, CORRESPONDENCE OR STATEMENT THAT DIFFER FROM THIS AGREEMENT SHALL HAVE NO FORCE OR EFFECT.
Methods of Payment
We accept all major credit cards: American Express, Mastercard, & Visa, checks, or money orders. For International orders, we accept credit cards, checks drawn on a U.S. bank, or with approval, we will accept wire transfers. Standard Delivery
Stocked items shipped within 1 day of order via Priority Mail. For faster delivery, Federal Express is used if requested.
Stocked items shipped within 1 day of order vial Global Priority (if available). For faster delivery, Federal Express International is used if requested.
Custom Order Delivery
4-6 weeks ARO or receipt of artwork (if required), whichever is later. Shipped best method. Use of preferred carriers are billed collect.