STANDARD TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale ("Agreement") govern the purchase and sale of pharmaceutical and non-pharmaceutical products ("Products") provided by 360 Health Services, a wholesale drug distributor based in Idaho ("Seller"), to the individual or entity ("Buyer") identified in the purchase order, invoice, or any other document referencing this Agreement. By placing an order or accepting delivery of the Products, Buyer agrees to be bound by this Agreement.
- Orders and Acceptance: 1.1. All orders for Products shall be placed through Seller’s official ordering channels and are subject to availability and approval by Seller. 1.2. Seller reserves the right to refuse or cancel any order for any reason, including but not limited to product availability or Buyer’s creditworthiness. 1.3. Acceptance of an order by Seller shall be deemed final upon issuance of a written confirmation or upon delivery of the Products, whichever occurs first.
- Pricing and Payment: 2.1. Prices for Products shall be as specified in Seller’s published price list or as mutually agreed upon in writing. Prices are subject to change without prior notice. 2.2. All prices are listed in USD and are exclusive of applicable taxes, duties, and shipping charges, unless otherwise stated. 2.3. Buyer shall make payment in full within the payment terms specified in the invoice (e.g., due upon receipt) or as otherwise mutually agreed upon in writing. Seller accepts payments via credit card, wire transfer, or ACH. 2.4. Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, and Buyer shall be responsible for any collection costs incurred by Seller.
- Delivery: 3.1. Delivery of the Products shall be made to the delivery address specified by Buyer, unless otherwise agreed upon in writing. 3.2. Seller will use commercially reasonable efforts to ship orders within two (2) business days of order acceptance. Delivery times may vary based on location and shipping method. 3.3. Risk of loss or damage to the Products shall pass to Buyer upon delivery to the specified address or to the shipping carrier. 3.4. Any delivery dates provided are estimates and shall not be binding on Seller. Seller is not responsible for delays caused by shipping carriers or other third parties.
- Inspection and Acceptance: 4.1. Buyer is responsible for inspecting all Products upon delivery. Any discrepancies, damages, or defects must be reported to Seller in writing within one (1) day of receipt. 4.2. Failure to report discrepancies or damages within the specified timeframe shall constitute acceptance of the Products by Buyer.
- Return Policy: 5.1. Pharmaceutical Products: - Due to regulatory and safety concerns, no returns of pharmaceutical products are accepted. All sales of pharmaceutical products are final. 5.2. Non-Pharmaceutical Products: - Eligibility: Only unopened non-pharmaceutical products in their original packaging are eligible for return. - Return Period: Returns must be initiated within ten (10) days of the delivery date. - Return Process: Buyer must contact Seller’s customer service team to obtain a Return Merchandise Authorization (RMA) number. Returns without an RMA number will not be accepted. - Restocking Fee: A restocking fee of 20% of the purchase price may apply to all returns. - Shipping Costs: Buyer is responsible for all return shipping costs unless the return is due to Seller’s error (e.g., incorrect or defective product).
- Title and Ownership: 6.1. Title to the Products shall pass to Buyer upon payment in full, including any applicable taxes and shipping charges. 6.2. Seller retains all right, title, and interest in and to any intellectual property rights associated with the Products.
- Limited Warranty and Disclaimer: 7.1. Seller warrants that the Products shall be free from defects in material and workmanship under normal use for the period specified by the manufacturer from the date of delivery. 7.2. Seller’s sole obligation under this warranty is, at its option, to repair or replace the defective Products or refund the purchase price, subject to Buyer’s compliance with Seller’s warranty claim process. 7.3. This warranty is void if the Products have been misused, modified, or damaged due to negligence, accident, or improper handling. 7.4. EXCEPT AS EXPRESSLY STATED HEREIN, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability: 8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 8.2. SELLER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY BUYER FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
- Compliance with Laws: 9.1. Buyer agrees to comply with all applicable federal, state, and local laws and regulations, including those related to the handling, storage, and distribution of pharmaceutical products. 9.2. Buyer shall maintain all necessary licenses, permits, and authorizations required for the purchase, receipt, and use of the Products.
- Force Majeure: 10.1. Seller shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, or other events deemed force majeure.
- Governing Law and Jurisdiction: 11.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, United States of America, without regard to its conflict of law principles. 11.2. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the state or federal courts located in Idaho.
- Entire Agreement: 12.1. This Agreement constitutes the entire agreement between Seller and Buyer concerning the sale of Products and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral. 12.2. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
- Changes to Terms and Conditions: 13.1. Seller reserves the right to modify these Terms and Conditions at any time. Updated terms will be effective upon posting on Seller’s website or upon written notice to Buyer.
- Contact Information: 14.1. For any questions or concerns regarding these Terms and Conditions, please contact Seller’s customer service team at [Insert Contact Information].
By placing an order or accepting delivery of the Products, Buyer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.