2014 OmniLux PhotoTherapeutics Blue Red Light Therapy System with Cart EM1258S

FDA Regulation Notice

The sale of this item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies. If so, do not bid on this item unless you are an authorized purchaser. If the item is subject to FDA regulation, we will verify your status as an authorized purchaser of this item before shipping of the item. SOL reserves the right to cancel and refund any transaction before it ships for any reason.

Terms and Conditions Including Warranty Information

Buyer acknowledges that by:

• this Quote/Order/Purchase Agreement (hereinafter the "Agreement") and delivering it to Sol International Medical, dba Powered by SOL; and/or
• paying the purchase price to SOL for the products and/or services set forth above, Buyer has accepted the terms and conditions contained in the terms and conditions.

Payment Policy

All purchases over $5,000 outside of the US must be paid by wire transfer. We cannot accept international credit card payments for orders over $5,000.

Shipping & Backorder Information

Due to worldwide shipping delays, it is possible that items listed could be on backorder. If the item is unavailable for an extended period, we sincerely apologize for the delay. In this case, we will refund you as soon as we are notified of the backorder and contact you with the confirmation of refund.

General Policy

Cancellations or returns of the equipment and services purchased under the agreement between Sol International Medical, Inc. (SOL) and the Buyer are strictly prohibited without obtaining prior written approval from an authorized SOL officer. This stringent measure is in place to ensure the integrity of the business operations and to manage the inventory and financial aspects effectively. SOL carefully evaluates each request for cancellation or return on a case-by-case basis, taking into account various factors such as the nature of the product, the stage of the order fulfillment process, and the potential impact on both parties.

Return Merchandise Authorization (RMA)

In the rare instances where a return is approved, the Buyer is required to obtain a return merchandise authorization (RMA) number from SOL. This RMA number serves as a unique identifier for the return transaction and must be prominently included with the returned item. The RMA application process involves the Buyer providing detailed information about the reason for the return, the order number, and the description of the equipment or service in question. SOL will review this information promptly and issue the RMA number if the return meets the established criteria.

Fees & Conditions

After Shipment

If the Buyer requests a return after the equipment has been shipped, a twenty-percent (20%) restocking fee will be levied. This fee is designed to cover the costs associated with handling the returned item, inspecting it for any damage or wear, and preparing it for potential resale.

Before Shipment

In the event that the Buyer requests a cancellation before the equipment is shipped, a ten percent (10%) cancellation fee will be charged. This fee accounts for the administrative work already carried out by SOL, such as processing the order, reserving inventory, and potentially incurring costs associated with setting up the order for shipment.

Refund Conditions

Refunds will only be issued under specific conditions. First and foremost, the returned equipment must be received by SOL in new condition. This means that the equipment should not show any signs of wear, damage, or alteration, and should include all original packaging, accessories, and documentation. Additionally, the applicable fee, as described above, must be paid by the Buyer. Once these conditions are met, SOL will initiate the refund process. It's important to note that shipping and freight costs are non-refundable.

Additional Terms

Property Rights

Upon receipt of the returned equipment or in the case of equipment substitution, the returned or substituted equipment becomes the exclusive property of SOL. SOL has the right to inspect, assess, and dispose of the returned equipment as it deems fit.

Indemnification

The Buyer agrees to indemnify and hold SOL harmless from any third-party claims related to the returned equipment. This provision protects SOL from potential legal and financial risks associated with the return of equipment.

Exceptions & Special Cases

• Canceled Orders: Canceled orders, with the exception of special-order products, will be refunded. Special-order products are those that are acquired by SOL specifically on the Buyer's behalf. Once an order for a special-order product is placed, it cannot be canceled. For these special-order products, the Buyer assumes sole responsibility for the product selection.
• Non-payment: In cases of non-payment by the Buyer, SOL has the right to suspend the delivery of equipment or the provision of service coverage until full payment is received. During the period of non-payment, the warranty period for the equipment continues to run. However, the warranty services will be unavailable until the payment is settled.
• Transit Loss or Damage: If the equipment is lost or damaged during transit, the Buyer's payment obligations remain unaffected. The transfer of title and risk of loss occurs upon delivery of the equipment to the Buyer's designated address. Therefore, any loss or damage during transit is the responsibility of the Buyer.

Inspection and Acceptance

Buyer must conduct a thorough inspection of all equipment upon delivery. In the event that the equipment does not conform to the agreement, the Buyer is required to notify SOL in writing within forty-eight (48) hours. If the Buyer fails to notify SOL within this period, the equipment will be deemed accepted, and any claims related to non-conformity will be considered waived.

With the exception of the cases specified in this section and the section on SOL’s Warranties, all sales are final, and the Buyer has no right to return the equipment unless expressly authorized by SOL. Services are deemed accepted upon completion of their performance.