Purchase Terms and Conditions
1. Products and Pricing. Sevaredent shall make available to Purchaser information about the available Supplier products (“Products”) and pricing upon Purchaser’s execution of this Agreement. All products and prices on the Sevaredent website are final. If applicable, discount codes or promotions will be available at the time of checkout.
2. Reporting Requirements. Purchaser is responsible for reporting any "discounts", "rebates", and other reductions in the cost of goods purchased as reflected on such notices and reports on their Medicare cost reports if such reporting is required by any appliable federal or state laws, regulations and rules relating thereto.
3. Taxes. Taxes are not included in the Product pricing.. It is the responsibility of all companies to pay all applicable state and local taxes.
4. Compliance with the Laws. Both Purchaser and Sevaredent represent and warrant that at all times during their performance hereunder Purchaser and Sevaredent shall comply with applicable Federal, state and local laws, regulations, and rules relating thereto.
5. Sevaredent Indemnification. Purchaser hereby agrees to indemnify and hold harmless Sevaredent, and its owners, affiliates, officers, directors, agents and employees from all claims and suits for money or damages to property, including incidental and consequential damages relating thereto, or injuries, including death, to persons, and from all judgments recovered therefore, and from all expenses in defending said claims or suits, including court costs, reasonable attorneys’ fees and other expenses, caused by, or arising out of: (a) any act or omission of Purchaser or its agents, contractors, and employees; (b) any misrepresentation, breach of warranty, or non-fulfillment of any obligation or agreement made by Purchaser in connection with this Agreement; and (c) any claim for infringement of patent, trademark, service mark or similar forms of intellectual property related to Purchaser’s use, alteration, modification, copying, decompiling, and/or other action in connection with the Products. In providing such indemnification, Purchaser shall not settle any claim without Sevaredent’s consent, which will not be unreasonably withheld, conditioned, or delayed.
6. Purchaser Indemnification. Sevaredent hereby agrees to indemnify and hold harmless Purchaser and its officers, directors, agents and employees from all claims and suits for money or damages to property, including incidental and consequential damages relating thereto, or injuries, including death, to persons, and from all judgments recovered therefore, and from all expenses in defending said claims or suits, including court costs, reasonable attorney’s fees and other expenses, caused by, or arising out of: (a) any intentional and/or willful act or omission of Sevaredent, its agents, contractors, and employees; and/or (b) any misrepresentation, breach of warranty, or non-fulfillment of any obligation or agreement made by Sevaredent in connection with this Agreement. In providing such indemnification, Sevaredent shall not settle any claim without Purchaser’s consent, which will not be unreasonably withheld or delayed.
7. Supplier Product Warranties. Supplier’s warranties, if any, for the Products will be passed through to and made available to Purchaser.
8. SEVAREDENT Disclaimer of Warranties. SEVAREDENT and its owners, directors, officers, agents and employees shall not be liable to Purchaser for any act, or failure to act, in connection with the Products, including, but not limited to, the failure of Suppliers to furnish Products and for any product defects. Without limiting the foregoing, SEVAREDENT MAKES NO EXPRESS OR IMPLIED WARRANTIES UNDER THIS AGREEMENT WITH RESPECT TO THE PRODUCTS. SEVAREDENT DISCLAIMS ALL WARRANTIES AS TO ANY PRODUCT, INCLUDING FOR ANY PRODUCT PROVIDED HEREUNDER, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. SEVAREDENT EMPLOYS COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT THE PRICING, PRODUCT INFORMATION, AND OTHER INFORMATION AVAILABLE THROUGH ITS TECHNOLOGY APPLICATIONS OR OTHERWISE IS CURRENT AND ACCURATE, BUT DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF IT.
9. Patient Care Liability. Purchaser acknowledges and agrees that it takes full responsibility for the use of information, products, and/or similarly situated items which are utilized in the provision of patient care (“Patient Care Items”) and which Purchaser receives pursuant to this Agreement. Purchaser acknowledges that the use of such Patient Care Items in no way is intended to replace or substitute for professional judgment. Sevaredent does not assume any responsibility for actions of Purchaser in its provision of patient care services, which may result in any liability or damages due to malpractice, failure to warn, negligence or any other basis.
10. Arbitration. Any controversy or dispute between Sevaredent and Purchaser with respect to the application or interpretation of the terms of this Agreement, will, upon the request or demand of either party, be resolved exclusively by arbitration in Raleigh, North Carolina in accordance with the then-existing rules of the American Arbitration Association applicable to commercial arbitration. THE PARTIES IRREVOCABLY AND VOLUNTARILY WAIVE ANY RIGHT THEY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY DISPUTE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
11. Governing Law. The Agreement shall be construed under and governed by the laws of the State of North Carolina, without regard to its choice of law principles and venue shall only be had in Raleigh, North Carolina.
12. Shipping. Purchaser shall pay all shipping costs unless otherwise agreed upon.
13. Title. Title to Products will pass to Purchaser at time of shipping.
14. Payment Terms. All payments will be made via credit card.
15. Order Cancellation. Orders may be cancelled in writing within twenty-four (24) hours of submission of the order.
16. Returns. All returns must be submitted within thirty (30) days and approved in advance by Sevaredent and are subject to a twenty-five percent (25%) restocking fee at the discretion of Sevaredent. All returns approved by Sevaredent must be returned in their original, unopened packages and must be in saleable condition and suitable for restocking.
17. Chargebacks. By accepting the terms and conditions of this Agreement, Purchaser is waiving the right to pursue any chargebacks or similar remedies for credit card purchases processed by Sevaredent. If Purchaser files a chargeback action or other dispute with the credit card issuer, Sevaredent reserves the right to terminate Purchaser’s right to make future purchases.
