Terms and Conditions
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TERMS AND CONDITIONS OF SALE
PAYMENT: Net 30 days to customers with approved credit.
PAST DUE ACCOUNTS: An interest penalty of 1.5% per month will be charged to delinquent accounts.
CREDIT CARD PURCHASES: All credit card purchases will be accessed a convenience fee of 2.0%.
PRICES: Prices are subject to change without notice and are quoted in US dollars.
FREIGHT AND ALLOWANCE: Delivery on all orders shall be F.O.B. Tomball and delivered to all points in the continental USA.
Unless specifically agreed upon in advance, FOBI Inc. (herein “FOBI”) will select the carrier and route, unless denoted on customers
QUOTATIONS: All quotations are for immediate acceptance unless otherwise stated and are subject to correction for clerical error.
Refer to www.fobi.us for FOBI’s Terms and Conditions of Quotation as noted on all quotations.
STOCK ITEMS: FOBI reserves the right to update or change the design of FOBI’s standard product line.
MINIMUM ORDER: A minimum is one that exceeds $25.00.
RETURNED GOODS: FOBI will not accept returned goods without prior approval. The Buyer shall obtain an RGA (Returned Goods
Authorization) number from FOBI. To receive credit, all items being returned must be carefully packed to avoid transit damage. All
returns are to be shipped prepaid. Items returned for reason other than the fault of FOBI will be subject to restocking charges. Certain
products, including made-to-order and obsolete items, cannot be returned for credit.
CANCELLATIONS: Orders are not subject to cancellation or reduction in quantity, nor may a specified delivery date be postponed
for more than 30 days, except with FOBI ‘s consent. If FOBI consents to such change, FOBI shall be entitled to full compensation for
all extra costs as FOBI shall determine.
SHORTAGE AND DAMAGE CLAIMS: Contact FOBI immediately upon receipt of shipment to report any shortages and/or
GOVERNING LAW: All transactions with FOBI shall be deemed to have been made and entered into and shall be construed and
enforced in accordance with the laws of the State of Texas. Any action to interpret or enforce contracts with FOBI shall take place in
Harris County, Texas.
ARBITRATION: Any dispute arising out of or related to FOBI s products or any contract with FOBI, other than an action seeking
injunctive relief, shall be resolved by binding arbitration, in Harris County, Texas pursuant to the rules of commercial arbitration. Buyer
and FOBI agree to each pay one-half the cost of the arbitration proceeding. Any decision rendered by the arbitrators shall be binding
upon the parties and may be filed in any court of competent jurisdiction.
GENERAL RETURN POLICY
If, for any reason, you do not want a product that you purchased from FOBI Inc., you should contact our
sales team within 30 days from the original purchase order date to determine if the product is eligible for
return. Custom engineered products, including hose assemblies, and other non-standard products are not
eligible for return unless the return is due to a quality issue. All returns are subject to a detailed
inspection. Credits are subject to management approval and a restocking fee of $35 will be applied to
“ordered in error” returns. Only quality related returns will be accepted after 90 days of receipt of
shipment as long as the parts are within the warranty period.
Any return that is unusable for resale, as determined by our detailed inspection, will not be eligible for
credit unless the return is deemed a quality issue. All damaged or incomplete shipments must be reported
within 10 days of receipt of shipment. For quality issues, FOBI Inc. will replace or repair any defective
products based on our findings.
Contact FOBI Medical:
• US Toll Free: 888-231-3624
• Phone: 281-255-2887
• Email: email@example.com
TERMS AND CONDITIONS OF QUOTATION
GENERAL: These terms and conditions apply to all quotations, orders, and contracts (collectively, the “Agreement”) for the purchase of goods from FOBI Inc. (“FOBI”). No addition to or modification of these terms and conditions will be binding upon FOBI unless agreed to in writing and signed by an authorized FOBI representative. FOBI objects to other terms and conditions that may be proposed by the Buyer not consistent with these or other terms and conditions.
DELIVERY: Delivery dates are estimates based on present stocks, suppliers’ promises, and production schedules.
WARRANTY: Except as otherwise noted on FOBI’s quotation or other signed written communication from FOBI, all parts sold by FOBI are warranted to be free from defects in material and workmanship and to conform to FOBI’s written specifications applicable to the parts.
NO OTHER WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, SHALL EXIST IN CONNECTION WITH THE DESIGN, MANUFACTURE,
SALE, OR USE OF ANY GOODS OR PARTS SOLD BY FOBI.
Without limiting the generality of the foregoing, this warranty does not cover, and FOBI shall have no liability for:
a. Failure or damage due to misapplication, abuse, improper installation, or abnormal conditions of use, temperature, moisture, dirt, pollution, or corrosion.
b. Parts that have been in any way altered after leaving FOBI’s facility.
c. Parts damaged in shipment or otherwise without FOBI’s fault.
d. Expenses incurred by the Buyer in processing any parts before discovery of alleged defects or in attempting to correct same.
e. Failure or rejection of parts due to incorrect specifications and/or design parameters supplied by the Buyer.
f. Damage or losses resulting directly or indirectly from the use or resale by the Buyer of defective parts, or for FOBI’s parts that have been further processed by the Buyer.
LIMITATION OF LIABILITY: FOBI SHALL NOT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES. THE REMEDIES OF PURCHASER SET FORTH IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE, AND THE
LIABILITY OF FOBI WITH RESPECT TO ANY CONTRACT OR SALE, WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, EXPRESS OR IMPLIED FOR MERCHANTABILITY, FITNESS, OR OTHERWISE, SHALL NOT EXCEED THE PRICE
OF THE PRODUCTS UPON WHICH SUCH LIABILITY IS BASED. FOBI SHALL NOT BE LIABLE OR RESPONSIBLE FOR
LOSSES, DETENTIONS, OR DELAYS OCCASSIONED BY ACCIDENT, STRIKES, OR FIRES AFFECTING FOBI’S OPERATIONS
OR THE OPERATIONS OF FOBI’S SUPPLIERS, OR ANY OTHER CAUSE BEYOND THE CONTROL OF FOBI. THESE
DISCLAIMERS AND LIMITATIONS OF LIABILTY WILL APPLY REGARDLESS OF ANY CONTRARY PROVISION OF THE
CLAIMS: All claims by Buyer will be deemed waived if not presented within 30 days after receipt of shipment. Upon notice of any such claims, FOBI may inspect any alleged defective parts at the Buyer’s place of business or may request their return to FOBI. The Buyer may not return parts without authority from FOBI and FOBI will not be liable for transportation charges if parts are returned without FOBI’s permission.
PRICES: Prices are for the quantities and the delivery date quoted. Orders are not subject to cancellation or reduction in quantity, nor may a specified delivery date be postponed for more than 30 days, except with FOBI’s consent. If FOBI consents to such change, FOBI shall be entitled to full compensation for all extra costs as FOBI shall determine.
CREDIT: If FOBI reasonably believes Buyer may not perform its obligations under the Agreement, FOBI may suspend or alter credit terms, require payment before shipment or manufacture, or require such other adequate assurance of Buyer’s ability to perform. In such event, FOBI shall not be liable for non-performance of any part of the order unless payment was made as requested.
GOVERNING LAW: All transactions with FOBI shall be deemed to have been made and entered into and shall be construed and enforced in accordance with the laws of the State of Texas. Any action to interpret or enforce contracts with FOBI shall take place in Harris County, Texas.
ARBITRATION: Any dispute arising out of or related to FOBI’s products or any contract with FOBI, other than an action seeking injunctive relief, shall be resolved by binding arbitration, in Harris County, Texas pursuant to the rules of commercial arbitration. Buyer and FOBI agree to each pay one-half the cost of the arbitration proceeding. Any decision rendered by the arbitrators shall be binding upon the parties and may be filed in any court of competent jurisdiction.