Parts Limited Warranty Policy
All parts, unless stated otherwise, are shipped with a 30 day limited warranty against material defect. This limited warranty is provided in lieu of any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacture ("OEM") specifications, or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at Sound Imaging Inc.'s option. Any warranty claim must be made, by written notification to Sound Imaging Inc., within 30 days of shipment of the defective part from Sound Imaging Inc. to you. Any defective part subject to a warranty claim must be received by Sound Imaging Inc. within 14 business days of provision of written notification of the warranty claim; otherwise, you will be billed the replacement part price, in addition to the full price of the item not promptly returned. If customer fails to pay within time frame referenced on invoice, all warranties will be considered null and void. In the rare instance any warranty claim is issued, it is the sole responsibility of the customer to pay for (1) the shipping of the replacement part from Sound Imaging, Inc. to the specified shipping location provided by the customer and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to Sound Imaging Inc. (8390 Miramar Place, Suite A, San Diego, CA 92121). Credits are non-refundable and may only be applied for future purchases.
For all exchanges, the exact part, in repairable condition, must be shipped back to Sound Imaging Inc unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by Sound Imaging Inc within 14 business days from the initial shipment date from Sound Imaging Inc to you; otherwise, you will be billed the exchange part price, in addition to the full price of the exchange item not promptly returned.
If the part you send to Sound Imaging Inc is not the exact part, i.e the serial number of the part Sound Imaging sends must exactly match the exchange/return part serial number, or is not in repairable condition, Sound Imaging Inc will refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon your receipt of the returned part, you will have 5 business days to ship back to Sound Imaging Inc the exact, repairable part; otherwise, you will be charged the full price of the part not promptly returned, in addition to the price of any exchange part.
Sound Imaging, at its own discretion, may decide to either issue an RMA with a fixed 20% cost of original invoice, or invoice outright pricing for parts not returned within 14 days. If Customer does not return part within 14 business days, customer will be charged 10% per additional late week. If part is not returned or returned later that 45 days, full price will be billed to customer for said part.
Unless approved by Sound Imaging in writing, parts can not be restocked after 14 days..
Dead on Arrival (D.O.A.) Parts Policy
If in the event you receive a Dead on Arrival (D.O.A.) part, you must notify Sound Imaging Inc in writing within 5 business days of receipt of such part. Thereafter, the D.O.A. part must be returned to Sound Imaging Inc within 14 business days of provision of such written notice to Sound Imaging Inc; otherwise, you will be billed any replacement part price, plus the full price of the item not promptly returned.
Restock Parts Policy
If a part shipped to you by Sound Imaging Inc unused, you must obtain a RMA number from Sound Imaging Inc before you may return the unused part. No part will be accepted by Sound Imaging Inc without an RMA number. Any parts being returned to Sound Imaging Inc as restock must be returned within 14 business days from initial shipment date.
The following restock charges will apply:
The Buyer shall be responsible for all duties, taxes, interest, and other charges due on purchased items and it is recommended that Insurance for the item be obtained from the Freight Company. Any damages that occur during shipping / transportation of the item purchased or to the exchange “core” item being is the responsibility of the Buyer and will be invoiced by Sound Imaging accordingly.
Sound Imaging is not responsible for any lost or damaged items of or pertaining to coil repairs or loaner coils. Customer takes full responsibility for equipment sent to Sound Imaging. When sending equipment to Sound Imaging, please note your serial number of all equipment prior to shipment.
Customer solely assumes all liability and shall indemnify Sound Imaging, Inc. and/or its Vendors, including Linde LLC, for any damages, whether direct, indirect, consequential, special, or incidental, including any costs of litigation (e.g., attorney fees, discovery costs, etc.), resulting from any occurrence arising in connection with Cryofill Services performed under the above conditions.
Buyer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to Seller, at Sound Imaging's discretion. Payment due dates are based off of the day the part leaves Sound Imaging's facility. After 30 days, or per Credit Card Application, if payment is not received, there will be a fixed 12% service charge on any amounts due to Sound Imaging for any parts and/or services provided, or the maximum amount allowed by law. In the event that the unpaid balance goes to collections, Buyer will be responsible for all costs associated with collections, including but not limited to attorney fees incurred. If for any reason a check is returned for insufficient funds there will be a charge of $25.00 per returned check.
The terms and conditions of this agreement are confidential and shall not be disclosed except as necessary to the performance of this agreement or as required by law. Seller’s communications with prospective purchasers are to be handled exclusively through Seller unless otherwise directed by Seller in writing. Seller agrees to limit any discussions during inspection or in the course of due diligence to technical or logistical issues, and further expressly agrees to NOT discuss any financial issues with prospective purchasers.
Limitation of Liability
The parties agree that SI shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment, or the provision of medical services utilizing the Equipment. Furthermore, SI shall not be liable or responsible for any loss, damages or impairment to the Equipment that may occur during the de-installation, rigging, transportation, installation or ramp up of the Equipment, unless caused by SI's gross negligence or willful misconduct. Client agrees to inspect shipping package for shock-watchers, tilt-watches, or other sensory devices, as applicable, and notify SI immediately if package is damaged. Failure to do so will hold harmless SI for any D.O.A or other warranty claim. SI shall not be liable for any Equipment failures or malfunctions caused by Client's failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall SI's total liability in damages or otherwise exceed the total of the payments, if any, received by SI from Client for the services furnished or to be furnished pursuant to the Agreement. In no event shall SI be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. SI assumes no responsibility whatsoever for any matters relating to Equipment calibration and use. Client hereby agrees to indemnify hold harmless and defend through counsel of SI's choice SI and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney's fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. SI specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever.
All sales transactions are governed by California law. Any disputes arising out of or related to sales of equipment shall be brought exclusively in the state or federal courts located in San Diego, California. The parties consent and submit to personal jurisdiction and venue in the state or federal courts located in San Diego, California.
If Sound Imaging Inc is required to institute legal proceedings to collect any sums due as a result of sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorney fees and costs incurred.
If any term, provision, covenant, or condition of this Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and not invalidated, and application of such provision(s) to persons, entities, or circumstances shall be interpreted so as best to reasonably effect the intent of the Parties.