Terms & Conditions of Sale

General Terms

The terms and conditions stated herein shall govern all sales of products made by Defries Industries, regardless of the terms and conditions stated in any purchase order submitted by the purchaser

Intended Use

Defries's products are intended, designed and manufactured SOLELY for therapeutic use. Purchaser shall use Defries's products only for their intended use.

Purchase Orders

Unless otherwise specified, no Defries products will be shipped until Purchaser has submitted a written purchase order. Purchase orders shall state: the Defries products ordered, including re-order code, if applicable; quantity; requested delivery dates; billing address; shipping address; and shipping instructions.

Cancellations

Purchaser's purchase orders shall not be subject to cancellation, changes or reductions in amount, or suspension of deliveries except upon Defries's prior written consent and upon terms which indemnify Defries against loss.

Delivery Date

Any date of delivery furnished by Defries to Purchaser is determined from the date of Defries's receipt of Purchaser's purchase order and, its agreement to payment terms as shown below; this date is only an estimate of the date of delivery, not a guarantee of a particular delivery date.

Payment Terms

Payment terms are net thirty (30) days from the date of the invoice. All purchase orders are subject to approval by Defries's credit department, which reserves the right to change or withdraw credit terms without notice

Shipping

Unless otherwise requested in writing by Purchase, all Defries products will be shipped by whatever means and carrier that Defries considers to be the most appropriate method of transportation.

Product Control

Unless otherwise specified upon Defries's acceptance of purchase order, all products are produced in accordance with Defries's standard production processes. Specifications provided in Defries's literature are subject to change without notice. Defries reserves the right to add, delete, alter or modify products at its discretion.

Purchaser's Duties

By accepting delivery of any Defries product, the Purchaser agrees to use that product only for its Intended Use. The Purchaser assumes, without limitation, all risk of injury, damage, or otherwise arising out of any use other than the Intended Use of a Defries product.

Resale

The Purchaser agrees to assume all liability arising out of any use other than the Intended Use of a Defries product by any third party who has directly or indirectly obtained the product from the Purchaser. In addition, the Purchaser agrees to indemnify, defend, and hold harmless Defries against all inquiries, claims, damages, actions, causes of action, injuries, and litigation arising out of any use other than the Intended Use of a Defries product purchased by the Purchaser.

Notification of Complaints

Purchaser shall notify Defries's Customer Service Department within seven (7) days of receipt of Defries products regarding any defect or deficiency therein, including questions regarding the invoice, mis-shipments or lost or damaged shipments. Failure to provide such notice to Defries shall be deemed acceptance of such Defries products as complete and satisfactory to Purchaser.

Returns

Purchaser shall contact Defries Customer Service Department to return any unused, or damaged Product. Purchaser shall obtain the appropriate forms from Defries prior to returning any such product to Defries. Goods must be returned in their original packaging with no additional markings or damage. Any Items returned without proper Defries forms or not meeting the requirement will be delayed in processing/refusing credit.