Terms and Conditions

Upon establishing of credit satisfactory to Rose Medical, terms of Net 30 Days are given unless otherwise stated. If credit is not established cash must be paid on delivery.

2.0     QUANTITY

We reserve the right to consider this order complete when shipped 10% over or under the quantity ordered unless otherwise agreed to in writing.

3.0     DELIVERY

3.1  Unless otherwise agreed to in writing, title to merchandise and risk of loss shall pass to the purchaser upon delivery F.O.B. our factory in Grand Rapids, MI. All of our obligations hereunder are completed when we deliver the merchandise, properly consigned to a common carrier or to purchaser’s carrier. Delivery to such carriers shall constitute delivery thereof to the purchaser.

3.2  For the purchaser’s own protection, it is urged that all merchandise be carefully inspected immediately upon receipt. In the event of damage, notice of claim must be filed without delay. Such notice should be given to likewise, so that we can cooperate with the purchaser in the protection of its interest.

4.0     WARRANTY

4.1  All merchandise is carefully tested and inspected before leaving our factory, but it is impossible to always detect imperfections. The only warranty that is given by us, or for which we are in any way liable, is to replace such merchandise as, in our judgment, proves to be deviated from customer specifications F.O.B. our factory, or at our option, to allow credit for such merchandise. Under no circumstances is ROSE MEDICAL responsible for any damage beyond the price of the merchandise. No damages or charges of any kind, either for labor, expenses, or otherwise, suffered or incurred by the customer in removing, repairing, or replacing defective merchandise, or occasioned thereby, will be allowed.

4.2  Your products were custom made to order. You are responsible for determining acceptability and fitness for use of this work within 30 days of receipt. We can authorize return of parts for replacement or credit only if the parts are out of specifications, and parts have not been materially affected by subsequent operations.

4.3  This Warranty does not extend to any parts of such merchandise which has been subjected to misuse, neglect, accident, incorrect wiring not our own, improper installation, or to use in violation of our instructions, or which has been repaired or substantially altered out side our factory.

4.4  This Warranty is in lieu of all other warranties expressed or implied, and no one is authorized to assume any liability on behalf of ROSE MEDICAL; or to impose any obligation upon it in connection with the sale of such merchandise other than as outlined above.

5.0     CLAIMS

Any claims for defective merchandise must be made in writing within thirty (30) days from the invoice date. Merchandise is not to be returned unless a return authorization number has been secured from Rose Medical in Grand Rapids, MI.

6.0     CANCELLATIONS

6.1  If Rose Medical cannot fill this order due to our inability to secure raw material, we have the right to cancel without liability.

6.2  An order may not be cancelled once the product has been produced.

6.3  If an order is cancelled prior to the completion of production, the customeragrees to reimburse Rose Medical for the raw material costs and allassociated manufacturing costs.

6.4  All cancellation requests must be submitted in writing.

7.0     LIABILITY

The seller shall not be liable for any property or personal injuries or damage resulting directly or indirectly from the use of any merchandise, nor for any consequential damages no matter how arising.

8.0     GENERAL

8.1  This acknowledgment constitutes the entire contract between the parties, superseding all prior documents, and no agent, salesman, or other party is authorized to bind ROSEMEDICAL By any agreement, warrant, statement, promise or understanding not expressed herein. Any change, termination, or waiver of any of the provisions of this contract must be consented to in writing by an officer or a properly authorized employee of this corporation.

8.2  In the event that purchaser’s order contains written, printed, or stamped provisions or conditions inconsistent with the written, acknowledgment, the provisions of this acknowledgment shall prevail. Acceptance of this order by ROSE MEDICAL is expressly made conditional on assent to the terms of this acknowledgment.

8.3  We reserve the right to correct all clerical or stenographic errors without penalty.

8.4  This contract shall be governed by and construed according to the laws of the State of Michigan.

8.5  By accepting delivery of merchandise hereunder, purchaser agrees to be bound by the terms and conditions set forth herein.