The Configuration Summary describes the product(s) that you have configured and ordered, including options, pricing and business information (may exclude state taxes and shipping/delivery fees). PLEASE CAREFULLY CHECK YOUR CONFIGURATION SUMMARY AT TIME OF ORDERING FOR 100% ACCURACY.
These Terms & Conditions below are effective as of the date you place your order (Order Date).
I. Agreement to Purchase. You agree to purchase the Product(s) (the “Product”) from Hill Laboratories Company, or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Product is priced and configured based on features and options available at the time of order. Options, features or hardware released or changed after you place your order may not be included in or available for your Product. If you are purchasing a used/refurbished Product, it may exhibit signs of normal wear and tear in line with its respective age.
II. Payment Terms. Domestic purchases can be made in full, 20% down payment (the balance due before shipment) or financing through our affiliate MPLC. Payments can be made by cash/check, credit card or wire transfer. Finance purchases are provided through MPLC and down payments are the first payment (one-year finance term), payable at the time of ordering; two payments (two or three-year finance) are payable at the ordering upon approval. International purchases require a 50% deposit of the total price by wire-transfer payment and the balance paid before shipment by wire-transfer payment. International customers are required to pay all customs and taxes associated with the country/territory of delivery.
III. Purchase Price, Taxes and Shipping Fees. The purchase price of the Product is indicated in your Configuration Summary. This purchase price does not include state taxes (if outside of PA) and shipping/delivery fees, which are dependent on the current freight and dealer delivery fees (if applicable). You are responsible for paying these additional taxes and fees. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer.
IV. Order Process; Cancellation; Changes. After you submit your completed order, we will begin the process of preparing and coordinating your order on our production schedule. At this point, you agree that the Order Fee has been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages at least 25% of the total Order Fee, to the extent not otherwise prohibited by law. You acknowledge that the cancellation fee is a fair and reasonable estimate of the actual damages we have incurred or may incur in processing and producing your custom order. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any cancellations after the delivery of the Product will not be accepted unless the Product was not made according to the specifications in the Configuration Summary and is the fault of us or our affiliates. Any changes made by you to your Product Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a revised Configuration Summary that will form part of this Agreement. The Order Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
V. Shipping and Delivery. Typical lead times may vary from Order Date to Shipping and Delivery. Any agreements to shorten or lengthen current build times must be made with a member of our Senior Management. Your product will be securely shipped and delivered according to your freight service selection. Deliveries, installation and demonstration may be made by an Independent Representative who sells and services the Products. Additional fees may apply. Any instances of freight damage must be reported to us at the time you receive the product. You agree to record on the bill of lading with the freight carrier that the freight was delivered damaged. You have the option to reject or accept the freight as is. If damage is reported, we will file a claim and correct the issue in a timely manner to the best of our ability. If a report is not made upon receipt, it shall be conclusively presumed and be valid evidence as between that said product was in good condition when received, and that you have accepted and approved said product, and is satisfied that the product constitutes the product specified in the contract.
VI. Product Warranty. All Products are warrantied for one (1) calendar year from the Ship Date of the Product for all parts and any shipping fees. Cushion, vinyl, paint and plastic wear and tear is not considered under warranty unless the fault is with us based on workmanship.
VII. Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee.
VIII. Governing Law; Integration; Assignment. This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement. Prior agreements, oral statements, negotiations, communications or representations about the Product sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.