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 manufacturer ("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 SI's (SI) option. Any warranty claim must be made, by written notification to SI within 30 days of shipment of the defective part from SI to Client. Any defective part subject to a warranty claim must be received by SI within 14 business days of provision of written notification of the warranty claim; otherwise, Client will be billed the replacement part price, in addition to the full price of the item not promptly returned. All Coldheads are subject to inspection. Warranty is void if contamination is found. 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 SI 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.
SI will not warranty any defects on SAMM System and/or MRI Stereo Sound System unless installed by SI personnel. Installation by a third party of ANY and ALL Accessories voids the 1-year warranty offered by SI.
SI services will be charged at a rate of $250.00 per engineer per hour and all parts required will be priced at 30% off Manufacturer Pricing.
SI employee travel will be charged at a rate of $195.00 per engineer per hour.
SI Auxiliary Time will be charged at a rate of $250.00 per engineer per day.
For all exchanges, the exact part, in repairable condition, must be shipped back to SI unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by SI within 14 business days from the initial shipment date from SI to Client; otherwise, Client will be billed the exchange part price, in addition to the full price of the exchange item not promptly returned.
If the part Client sends to SI is not the exact part, i.e the serial number of the part SI does not exactly match the exchange/return part serial number, or is not in repairable condition, SI will refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon Client receipt of the returned part, Client will have 5 business days to ship back to SI the exact, repairable part; otherwise, Client will be charged the full price of the part not promptly returned, in addition to the price of any exchange part.
SI, 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 than 45 days, full price will be billed to customer for said part.
Unless approved by SI in writing, parts cannot be restocked after 14 days.
Dead on Arrival (D.O.A.) Parts Policy
If in the event Client receives a Dead on Arrival (D.O.A.) part, Client must notify SI in writing within 5 business days of receipt of such part. Thereafter, the D.O.A. part must be returned to SI within 14 business days of provision of such written notice to SI; otherwise, Client 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 Client by SI is unused, Client must obtain a RMA number from SI before Client may return the unused part. No part will be accepted by SI without an RMA number. Any parts being returned to SI 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, or from an independent insurance provider. Any damages that occur during shipping / transportation of the item purchased or to the exchange “core” item is the responsibility of the Buyer and will be invoiced by SI accordingly. The purchased item and/or exchange “core” item is the property and responsibility of the Buyer upon leaving SI’s premises.
SI 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 SI. When sending equipment to SI, please note the serial number of all equipment prior to shipment.
Customer solely assumes all liability and shall indemnify SI 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.
SI does not assume responsibility for any third party equipment being stored at SI. It is the Third Parties sole responsibility to provide maintenance to its own equipment. SI is not responsible for any theft, damage, or malfunctions to the equipment while it is stored at its facilities.
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 SI, at SI's discretion. Payment due dates are based off of the day the part leaves SI'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 SI 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. SI’s communications with prospective purchasers are to be handled exclusively through SI unless otherwise directed by SI in writing. SI 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 SI 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.