Terms and Conditions of Service
DermeTech Terms of Service
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from DermeTech. Any attempt to alter or supplement this document, to enter an order for a product(s) that is subject to additional or altered terms and conditions, or to modify in any way this agreement, will be null and void unless otherwise agreed to by written agreement signed by both you and DermeTech. These terms and conditions are subject to change without prior written notice at any time, at DermeTech sole discretion.
1.1 “We”, “us” and/or “our” referrers collectively to DermeTech as well as any subsidiaries and affiliates.
1.2 “You” or “your” means the individual or entity named on the invoice.
2.1 By completing a product purchase from DermeTech you agree to be bound by and accept the following terms and conditions concerning that product.
- Payment Terms, Orders and Interest.
3.1 Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside.
3.2 DermeTech reserves the right to cancel an order or transaction, in whole or in part, for any reason and at any time.
3.3 Terms of payment are within DermeTech sole discretion, and unless otherwise agreed to in writing by DermeTech, payment must be received in full before DermeTech will take any action towards the fulfillment of an order.
3.4 Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. DermeTech may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3.5 DermeTech is not responsible for pricing, typographical or other errors in any offer by DermeTech and we reserve the unilateral right to cancel any orders resulting from such errors.
4.1 Unless you provide DermeTech with a valid and correct tax exemption certificate, applicable to your purchase of Product and the Product’s ship-to location, you are responsible for sales and other taxes associated with the order.
- Shipping, Title and Risk of Loss.
5.1 Shipping and handling are additional unless expressly indicated otherwise at the time of sale.
5.2 You (the client) accept that when shipping is “free” carrier will be either Fedex of USPS, and you (the client) is responsible for loss or damage that occurs during shipping by either of the carrier aforementioned.
5.3 Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
5.4 Shipping dates are only estimates and DermeTech accepts no responsibility for situations resulting from a longer-than-estimated build or shipping time.
5.5 Items missing from your order must be reported to DermeTech within one (1) calendar days of receipt. DermeTech accepts no responsibility for missing items not reported within the 1 day specified.
- Return Policy.
6.1 All sales are final and no returns are accepted under any circumstances. Exceptions may apply at the discretion of the DermeTech. In which case rules 6.2-6.2.3 apply.
6.1.1 If a package is refused by the recipient/client, then the client is responsible for the cost of shipping the package back to DermeTech. All packages refused by you “the recipient” of the package(s). The client will be rebilled and responsible to pay the charges incurred within 7 days.
6.2 Please keep in mind that, among other things, you:
6.2.1 Must contact us directly before you attempt to return the product.
6.2.2 Must return the product to us in its original or equivalent packaging.
6.2.3 Are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
- Product Warranty for Domestic Customers and Disclaimer of Warranties.
7.1 THE PRODUCT WARRANTY MAY BE APPLICABLE TO DERMETECH AND MAY BE VIEWED
7.2 THERE ARE NO WARRANTIES FOR CONSUMMABLE PRODUCTS, ONLY FOR ENERGY BASED MEDICAL DEVICES OR NON-DERMETECH STAMPED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”.
7.3 DERMETECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN DERMETECH’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD
7.4 DERMETECH WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON DERMETECH’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
- There is NO WARRANTY for International Customers,
- LIMITATION OF LIABILITY.
9.1 DERMETECH DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SETFORTHHEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR THE PROVISION OF SERVICES AND SUPPORT.
9.2 DERMETECH WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY SAVE THOSE FOR WHICH PROVISIONS ARE EXPRESSLY PROVIDED HEREIN.
9.3 DERMETECH IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES WHICH EXCEED THE AGGREGATE DOLLAR AMOUNT PAID FOR THE PURCHASE OF PRODUCT OR SERVICES GOVERNED BY THIS AGREEMENT.
10.1 Products purchased through DERMETECH, either by itself or in conjunction with another product or bundle, is bound to this agreement.
11.1 DERMETECH continually upgrades and revises its products and service offerings. DERMETECH may revise and discontinue products at any time without prior notice to customers.
11.2 DERMETECH guaranties all its products to have the functionality and performance described at the time of purchase; however, variations between what is shipped and what is described in a specification sheet or seen in pictures associated with the product may occur. The parts and assemblies used in building DERMETECH products are selected from various brands and include both new and equivalent-to-new parts which are assembled in accordance with industry practices. Individual parts may be new or reconditioned and component brands may change from what is pictured or described
- Applicable Law.
12.1 You agree and represent that you are buying the products governed by this Agreement for your own use.
- Governing Law.
13.1 This Agreement and any sales hereunder shall be governed by the laws of the state of Florida, without regard to conflicts of laws principles.
14.1 You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received.
14.2 Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons.
14.3 You agree not to provide any written regulatory certifications or notifications on behalf of DERMETECH.
- Miscellaneous Provisions.
15.1 You will not register or use any Internet domain name that contains an DERMETECH trademark or trade name (i.e., DERMETECH) in whole or in part or any other name that is confusingly similar thereto.
15.2 The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
15.3 If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
- Use Restrictions
16.1 DERMETECH is a distributor of custom energy based medical devices or maintenance and consumables parts, topical solutions, and other cosmetics. All information provided by DERMETECH to the customer about these products is owned by DERMETECH, and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
16.2 Only with prior written permission from DERMETECH may permission to copy, reproduce, distribute, republish, download, display, post or transmit any information be granted. By requesting a design quote by DERMETECH, the client agrees to these terms and conditions.
16.3 If the customer breaches any of these terms or conditions the customer must immediately return or destroy any materials pertaining to the design and configuration of the controller. Any unauthorized use of any materials pertaining to the design and configuration of any of DERMETECH’s products may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- 4 This Agreement and any sales hereunder shall be governed by the laws of the state of Florida, without regard to conflicts of laws principles. DERMETECH will not be held liable for any damages, mistakes, mishaps, misuse, or loss of data resulting from any other system builder using, non-DermeTech’s representative to service your medical devices. DERMETECH does not diagnose conditions, prescribe medications or provide medical treatments. All information received by me from DERMETECH is accepted with full knowledge that any action taken by you as a result of the information received is your complete responsibility, and that you release DERMETECH, its owners and representatives from all legal liability during your participation in dispensing any treatment’s involving products purchased from DERMETECH.
*Free shipping – when shipping is “free” shipping fee is “included” in the price of the items and thus considered to be paid by the customer.