Terms & Conditions
Below is an extended version of the Terms and Conditions for Borland’s general medical equipment products, including a two-year warranty provision. You can adapt this framework as needed to match any additional requirements or product-specific provisions:
**Borlands International – General Medical Equipment Products
Terms and Conditions**
_Last Revised: 06/3/2025
By placing an order with Borlands International for its general medical equipment products (“Products”), the purchaser (“Customer”) agrees to the following Terms and Conditions. These Terms, together with any applicable special terms and conditions provided by Borlands, constitute the entire agreement between Borlands International (“Seller”) and the Customer.
### 1. Definitions
– **Products:** Medical equipment, related accessories, and any ancillary services provided by Borlands International.
– **Order:** A purchase order or contract executed by the Customer for Products.
– **Installation Date/Acceptance Date:** The date on which the Products are installed and verified to be operating per the specifications provided by Borlands.
– **Warranty Period:** The period during which the warranty rights set forth herein are in effect, as defined in Section 6.
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### 2. General Provisions
– All orders are subject to acceptance by Borlands International and availability of inventory.
– Any quotation, offer, or advertisement is non-binding until a formal purchase order is executed and accepted by Borlands.
– These Terms shall govern, in their entirety, any dispute or claim arising out of or in connection with the Products or their sale.
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### 3. Ordering and Payment
– **Order Process:** Orders must be submitted in writing or via Borlands’ approved ordering system. Confirmation of order acceptance will be provided in writing.
– **Pricing:** Prices are as quoted at the time of order and are subject to change without notice until an order is confirmed. Pricing does not include any applicable taxes, shipping, installation fees, or additional charges unless expressly stated.
– **Payment Terms:** Payment is due within thirty (30) days from the invoice date unless otherwise agreed. Late payments may incur additional charges, as specified on the invoice. Any dispute relating to invoiced amounts must be raised within ten (10) days from the issuance of the invoice.
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### 4. Delivery and Installation
– **Delivery:** All deliveries are made FOB from the Seller’s facility. Risk of loss passes to the Customer upon delivery to the carrier.
– **Installation:** Where installation or on-site setup is required, the installation shall be conducted by Borlands or its authorized service provider in accordance with the installation instructions provided. The installation and subsequent acceptance confirm that the Products comply with the agreed specifications.
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### 5. Use of Products
– The Customer agrees to use the Products in strict accordance with the guidelines provided by Borlands.
– Any modifications, misuse, or unauthorized repairs void all warranties and may render the Products unsafe.
– The Customer is responsible for following all applicable laws, regulatory requirements, and safety protocols when using the Products.
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### 6. Warranty
– **Warranty Coverage:** Borlands warrants that its Products shall be free from defects in material and workmanship under normal use and service for a period of two (2) years from the Installation Date/Acceptance Date (“Warranty Period”).
– **Warranty Service:** Should any Product fail to conform to this warranty, Borlands will, at its discretion, repair or replace the defective part(s), or in cases where repair or replacement is not feasible, offer a refund or credit toward the purchase of replacement equipment.
– **Exclusions:** This warranty does not apply to defects, malfunctions, or damages caused by:
– Misuse, neglect, accident, or improper installation.
– Unauthorized modifications or repairs.
– Normal wear and tear or cosmetic damages that do not affect the operations of the equipment.
– Use of consumables or parts not provided or approved by Borlands.
– **Warranty Claims:** All warranty claims must be submitted in writing and accompanied by proof of purchase and detailed information regarding the defect or malfunction. The Customer must allow adequate time for Borlands to inspect the Products before determining the appropriate remedy.
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### 7. Limitation of Liability
– Borland’s liability arising out of or in connection with these Terms is limited to direct damages and shall in no event exceed the purchase price of the Products in question.
– Under no circumstances shall Borlands be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, revenue, or data arising from the use or inability to use the Products, even if advised of the possibility of such damages.
### 8. Disclaimer of Warranties
– Except for the express warranties set forth herein, Borlands disclaims all other warranties, whether expressed, implied, or statutory. This includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose.
### 9. Returns and Repairs
– **Returns:** Returns of Products must be authorized in advance by Borlands. Unauthorized returns will not be accepted.
– **Repairs:** Any repairs or service work performed by the Customer or a third party without the prior written consent of Borlands shall void the warranty. All repairs under warranty will be performed by Borlands or an approved service provider.
### 10. Force Majeure
Borlands shall not be liable for any delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, strikes, lockouts, epidemics, or other acts of God.
### 11. Governing Law and Dispute Resolution
– These Terms and Conditions shall be governed by and construed in accordance with the laws of the [State/Country, e.g., State of Tennessee, United States].
– Any disputes arising from these Terms shall be resolved through arbitration or litigation in accordance with the relevant laws and jurisdictions, with the parties agreeing to submit to the exclusive jurisdiction of the courts located in [Insert Jurisdiction].
### 12. Amendments and Variations
– No modification or amendment of these Terms shall be binding unless made in writing and duly executed by both parties.
– Any variations must be documented and agreed upon prior to the delivery of the Products.
### 13. Severability
– In the event that any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
**Acceptance**
By accepting delivery of the Products or by making a purchase, the Customer acknowledges that it has read, understood, and agrees to be bound by these Terms and Conditions.