The purchaser (Purchaser) has ordered the items listed in the shopping cart (Products). Descriptions of the purchased products are as set forth on the website.
Warranties and Disclaimers: It is represented and warranted by Vector Technology Systems, LLC (Seller) that the Products will be delivered in good condition. The Products shall be fit for the uses set forth in the Descriptions. Purchaser understands that the Products might be items manufactured by third parties. Said third parties may issue warranties and guarantees for certain of the Products. Those warranties are separate and independent from any warranties issued by Seller. Any rights that Purchaser may have concerning manufacturers’ warranties shall be direct with the manufacturers. Seller is not a party or involved with respect to said warranties. Purchaser’s rights concerning assurances and warranties issued by Seller shall be limited to the right of refund or replacement. Purchaser agrees that, within 10 days from delivery, Purchaser shall inspect the Products, and within at that time, Purchaser shall notify Seller of any defects or deficiencies. Notification shall be by way of email at email@example.com or at such other email advised by Purchaser. Upon receipt of said notification and supporting back up, Seller shall promptly review Purchaser’s claim and respond to Purchaser by way of email. Seller reserves the right to request additional information, including, but not limited, to documentation and photos. Seller agrees to be reasonable in its review process. If Purchaser’s claim(s) is approved, then Purchaser shall have the right to have the item replaced or receive a full refund. In either case, at Seller’s expense, Purchaser agrees to return the defective Product within 5 days after Seller’s approval of the subject claim. Upon Seller’s receipt of the Product, it will conduct an inspection. Provided that the stated issues were not caused by Purchaser, then Seller shall promptly send out a replacement or, at Purchaser’s request, shall issue a refund. Any refund will be in the form of a credit to Purchaser’s payment source. By way of example, if the Purchaser paid by credit card, then Seller will issue a credit to that same credit card.
Arbitration: This Agreement shall be interpreted pursuant to the laws of the State of Arizona. The venue for any arbitration shall be in the County of Maricopa, and in the State of Arizona. Any disputes concerning this subject contractual arrangement shall be resolved through the process of arbitration, which proceeding shall be conducted by a single arbitrator. The process shall be done in accordance with the rules and procedures promulgated by the American Arbitration Association. The decision of the arbitrator shall be deemed final and not subject to appeal. It shall have the same effect as a final judgment and may be filed in any applicable court of competent jurisdiction. Each party shall, initially, be responsible for paying their own associated costs and fees. The prevailing party shall be entitled to recover from the other party its fees and costs so incurred. Purchaser agrees that, by virtue of the purchases which are at issue, personal jurisdiction exists as to the parties in the state of Arizona.
Notices: Notices sent per this Agreement shall be by email and deemed delivered when received by the receiving party. For Seller, the applicable email is firstname.lastname@example.org. The email address for the Purchaser is as set forth in the subject shopping cart.
Injunctive Relief: Notwithstanding the arbitration provision set forth above, any misuse, including reuse, of the subject items would, likely, endanger the health and well being patient. In any event, such practices would put patients at imminent risk of severe and irreparable harm. Further, because of the potential harm, the reputation and viability would, as a result, be placed in damager of immediate, irreparable harm. Accordingly, the parties agree that misuse or reuse on the part of the Purchaser, and notwithstanding the arbitration clause in this Agreement, such conduct shall give rise to Seller obtaining injunctive relief against the Purchaser for the subject misuse, which proceeding shall be conducted in a court of competent jurisdiction. Purchaser may initiate such proceeding in the situs deemed most appropriate by Seller for that process. The parties agree that jurisdiction shall exist in the State of Arizona. Such injunctive relief shall include the right to obtain a TRO, preliminary injunction, and/or permanent injunction. As the amount of damages will, most likely, be impractical or impossible to measure, Purchaser waives any right which may otherwise exist to require any bond. At such time that injunctive relief may be granted and, on other occasions, where the relief is modified, Purchaser shall be obligated to immediately reimburse Seller for costs and fees incurred in the context with said proceedings.
Integration: This Agreement shall represent the entire agreement between Purchaser and Seller concerning the subject matter of the Products. Accordingly, it supersedes any and all prior understandings, written or oral relating to the Products. These Terms may only be modified by a written agreement, executed by the Parties. Neither Party may justifiably rely on any modification other than one which is in writing and executed by the parties.