AUG Medical LLC ("Seller") and the purchaser ("Buyer") agree that any additional or conflicting terms in Buyer’s order are not binding unless explicitly accepted in writing by Seller. Seller’s failure to object to such terms does not imply waiver or acceptance. Order acknowledgments do not modify these terms. Seller is not liable for typographical or written errors in quotes, orders, or publications, and such errors are subject to correction.
2. SHIPMENTS
All shipments are F.O.B. Point of Shipment unless otherwise agreed. Freight is included for U.S. orders over $500 (except Alaska and Hawaii) and Canadian, Alaska, and Hawaii orders over $1,000, provided AUG Medical LLC selects the shipping method. If Buyer specifies a different shipping method, freight is charged to Buyer. Split shipments by AUG Medical LLC on qualifying orders still include freight. Orders may combine products to meet freight minimums. Standard packing is included; special packing costs are charged to Buyer.
3. DELIVERY
The delivery date is an estimate; Seller is not liable for delays or related damages. AUG Medical LLC is not responsible for loss or damage claims. Any shipment loss or damage must be noted on the delivery receipt by the carrier's agent before signing.
4. INSPECTION AND ACCEPTANCE OR REJECTION
Buyer must inspect products upon delivery and report any issues in writing within 30 days; otherwise, products are considered accepted and defect-free.
5. RETURN POLICY
Returns require AUG Medical LLC authorization and must meet these conditions, One return per year for credit with an equal or greater offsetting order (up to 3% of the prior year's purchases), Other returns incur a 25% restocking fee ($25 minimum), An approved RMA is required for all returns, Products must be unused, salable, in original packaging, and manufactured within the last 12 months, Restocking fees and any additional costs for resale condition apply., Discontinued, custom, or made-to-order items cannot be returned, Waivers or fee reductions need VP Sales approval—no exceptions.
6. PRICE
Quotation prices are firm for thirty (30) days from the date of the quotation, unless specifically stated to the contrary as part of a particular price quote, and are subject to change without notice after the expiration of this thirty (30) day period.
7. Claims for Defect
The Distributor must inspect delivered products upon receipt and notify AUG Medical LLC in writing of any defects within two (2) weeks. Hidden defects must be reported immediately upon discovery, with a written description of the issue. For defective products, AUG Medical LLC may choose to either remedy the defect or replace the product, covering necessary costs unless the products have been relocated from the original delivery address. If AUG Medical LLC cannot or does not resolve the defect, the Distributor may terminate the purchase order, except in cases where the defective product cannot be returned due to its nature or AUG Medical LLC's responsibility, or if the defect was discovered during product processing. Claims for defects are limited to 12 months from the delivery date, including tort claims, unless otherwise required by law. This period begins at delivery, and a denial of a claim by AUG Medical LLC does not constitute negotiation of the claim or its basis.
8. PAYMENT
Payment terms for all orders, unless otherwise agreed, are thirty (30) days net from the invoice date. If Seller determines that the Buyer’s financial condition does not support the specified terms, Seller may require full or partial payment in advance. Payment timelines are based on the date Seller is ready to ship, even if shipments are delayed by the Buyer. Unearned discounts taken outside the discount period will be charged back, with immediate repayment required. A service charge of 1.5% per month (or the maximum allowable by state law) will apply to past-due balances. If collection efforts are required, the Buyer agrees to pay all associated costs, including reasonable attorney’s fees. This contract is governed by Florida law, and any litigation will fall under Florida jurisdiction unless AUG Medical LLC specifies otherwise.
9. TAXES
Seller's prices exclude federal, state, or local property, sales, use, excise, GST, or similar taxes. The Buyer is responsible for paying any applicable taxes arising from the sale of products or services unless an acceptable tax exemption certificate is provided to the Seller in advance.
10. CATALOG ITEMS
Seller reserves the right to change prices, discontinue, modify, or alter catalog items at any time without notice. If such changes affect the delivery of any order in full or in part, Seller is excused from further delivery.
11. TITLE AND RISK OF LOSS
Title and risk of loss to the products supplied hereunder shall pass to Buyer at the F.O.B. shipping point.
12. WARRANTY
The manufacture warranty is available for the product and you can ask for it trough hotline.
13. CHANGES
For any product change requested by the Buyer and approved by the Seller, the Buyer will be charged for all associated costs (minimum $100), including but not limited to engineering, drafting, order processing, tooling, hardware, re-work, and scrap. Any increase in product price due to the change will also be charged to the Buyer, who agrees to pay the additional cost.
14. CANCELLATION AND
For any product change requested by the Buyer and approved by the Seller, the Buyer will be charged for all associated costs (minimum $100), including but not limited to engineering, drafting, order processing, tooling, hardware, re-work, and scrap. Any increase in product price due to the change will also be charged to the Buyer, who agrees to pay the additional cost.
15. DELAY
Delays in delivery do not relieve the Buyer from accepting remaining installments. If shipment is delayed after completion, title passes to the Buyer, and an invoice will be issued. Storage and handling costs will be charged to the Buyer until shipment.
16. FORCE MAJEURE
If either party is prevented from performing this contract due to circumstances beyond its control, such as strikes, natural disasters, war, terrorism, economic failure, or government actions, both parties' obligations are suspended during the disruption. Affected products or services may be eliminated from the contract by mutual agreement, or reasonable extensions for performance may be granted.
17. FAIR LABOR STANDARDS ACT
All products or services provided will comply with the Fair Labor Standards Act of 1938, as amended, and applicable regulations from the Wage and Hour Division.
18. GOVERNMENT CONTRACTS
If this order is for products or services under a government contract, Seller will have all rights available to Buyer under such contract, regardless of whether Buyer is a prime contractor or subcontractor.
19. GOVERNING LAW
The contract will be governed by and construed according to the laws of the State of Florida.
20. REVISIONS
AUG Medical LLC reserves the right to revise or amend any or all items contained herein.
21. REQUIRED PROVISIONS DEEMED INSERTED
Any provision required by law or regulation to be included in these Terms and Conditions of Sale is deemed automatically inserted. If such a provision is mistakenly omitted or incorrectly inserted, the Terms and Conditions will be amended upon written request from either Seller or Buyer to correct the omission.