Avante Patient Monitoring - Terms & Conditions

Purchase Order Acceptance

Acceptance of purchaser's order (PO) is expressly conditioned upon purchaser's assent to the terms and conditions set forth herein. Avante's written order acknowledgment, together with the terms and conditions set forth herein, constitutes the final expression of the agreement between the purchaser and Avante and supersedes all prior oral and written statements regarding the order.

Payment Terms

Net 30 from date of invoice unless other arrangements have been made with Avante's Accounting Department or Avante executive staff in the form of an agreement or contract. Past due invoices will be billed for interest at a rate of 1.5% per month outstanding. Avante accepts credit card payments. All prices and product availability subject to change without notice.

Price

Prices given are in US Dollars unless otherwise stated on the quote or order. .. Prices may not always include mandated or other applicable fees. Any unpaid orders held for 90 days will be forfeited to Avante and all property of said order will be forfeited. Due to changes in the cost of material, all prices are subject to change without notice, prior to confirmation of order.

Taxes

Any and all local, state, federal or government taxes are the responsibility of the buyer.

Shipping and Receiving

Avante ships via its preferred carrier unless notified on the purchase order. In order for freight to ship via customer's preferred carrier the customer must arrange all pickups, and complete all Bill of Ladings. (Avante takes no responsibility if carrier no shows on pick-ups arranged by customer). Any shipping fees will be billed to customer unless otherwise stated in quote or purchase order. Damages identified upon equipment arrival must be communicated to Avante personnel within 3 days of the date arrival to the customer. If not reported, any damage fees will be billed to the customer, no exception. Avante does not clean or decontaminate equipment. If arrived as such, equipment will be returned to the original sender and denied service until properly cleaned or decontaminated. Upon arrival of product, if improper packaging is identified which resulted in damages; the customer will be notified and is held liable for any costs if not reported upon order placement with Avante personnel.

Claims

All merchandise is packed to comply with standard shipping practices and requirements. All packaging has been tested to freight and industry standards. When applicable Avante will take further steps to safeguard against damages which can occur in shipping which includes but is not limited to: using specialized foam packaging material, using air filled cushions, creating specific molds and packaging material for products. Avante is not responsible for damage to goods which occurs in transit. It is the purchaser's responsibility to examine goods upon receipt and to file any claim necessary with the carrier. Any claim against Avante for defects, errors, shortages, or invoice errors must be made by the purchaser in writing to Avante within 10 days after delivery. Failure by the purchaser to file any claims with Avante within 10 days constitutes acceptance of the goods and invoice and a waiver of any defects, errors or shortages. Upon receipt of written claim by customer Avante will investigate the cause and occurrence of shipping damages. If found that fault lies with manner in which material was packaged then Avante will notify customer and will offer replacement, repair, or issue a refund of item(s) at its discretion.

Order Acceptance

An order is accepted and acknowledged in writing by Avante when the following conditions are met: (1) Purchaser's credit is approved; (2) We have received complete job information; (3) Deposit is received if required.

Order Confirmation

Avante confirms all customer purchase orders with a confirmation. If a confirmation is not received within 48 hours, assume the purchase order was not received by Avante and resend in duplicate. Avante will not expedite or be held liable for orders not received due to IT or Fax issues or any other reasons beyond Avante's control.

Ordering Procedure

To avoid error and/or duplication Avante recommends all orders in writing. Purchase orders may be mailed, faxed, or e-mailed to a Avante representative or directly to the company. All orders for purchases will be built exactly to the specifications of the quote and/or sales order. It is the customers responsibility to make sure the quote/order contains all details necessary to complete the order to required expectations. Additional cost may be incurred for options that were not included in quote but are later realized as necessary by the customer. Service items sent in to Avante do not require advance purchase. A Purchase Order (PO) or credit card payment in advance is recommended in order to expedite the process. Payment will be required before any orders are shipped to the customer. If customer fails to render payment within six months of order receipt the order will be cancelled and any equipment will become Avante's possession unless other arrangements are made and approved in writing by Avante management staff.

Cancellation and Return Policy

Cancellation of custom orders may result in a non-refundable charge up the full cost for the order. No return of goods will be accepted without written consent, Return Material Authorization (RMA) number and shipping instructions from Avante. This applies to returns of non-defective and defective merchandise. Returns of non-defective goods must be done within 30 days and, if approved, will be subjected to a 25% restocking charge. Customer is responsible for reviewing quote given by Avante to check for any errors and/or omissions. Orders will be filled exactly per quote given by Avante, any missing software options, hardware options, or any other options and custom additions are the responsibility of the customer to verify before issuing of Purchase Order (PO) to Avante. Returns must be in new/original resalable condition in original packaging. Replacement parts cannot be returned unless defective. Returns for defective goods are regulated by Avante's warranty policy and must follow Avante's procedure. In the event that Avante issues an RMA and offers a credit (minus the restocking fee), your credit will be valid for a period of up to one year. Under no circumstances will Avante refund money in the form of payment to a customer. After one year any credits will be written off of Avante's books and cannot be reinstated for any reason. Any items returned to Avante for warranty must be initiated with Avante customer service or sales representatives as a warranty order. Warranty information will be documented within the order and customer will be notified of any findings. If customer does not notify Avante of a warranty return before item is sent in then the warranty may be deemed invalid.

International Customers

All new international orders must be prepaid via bank wire-transfer and international orders will not be readied for shipment until such payment is as received, by Avante's Accounting Department. Terms may be structured after the initial order. Any terms must be agreed upon in writing by Avante's accounting department.

Warranty for Serviced Equipment

Avante offers a standard one year warranty period which begins from the date of original shipment to the date product is received to Avante for service. The standard warranty covers repairs related to the original services conducted. If any warranty term other than one year is offered by Avante it must be outlined in the service order or other Avante generated documentation. Warranty policy covers only products used under specified conditions as outlined by manufacturer of product. If warranty stickers appear to be tampered with or removed upon arrival, the warranty will be void. Repair and refurbishment services conducted by Avante are determined based on tests performed per OEM specifications or tests outlined in Avante quality management policies and according to best practices as established by Avante or OEM. For the duration of the warranty period, Avante will cover the part(s) which are serviced in the original repair of the product. Any part(s) not addressed, refurbished, or replaced during original repair process as outlined by service reports or other Avante documentation will not be covered under warranty unless otherwise documented in writing by Avante. Repair or replacement, as stated above, shall constitute the purchaser's exclusive warranty, which does not extend to any type of transportation, installation, labor or any other charges; nor does it apply to any equipment of another manufacturer used in conjunction with the Avante product.

The warranties described herein are in lieu of any other warranty, expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose. Avante's liability under this guarantee shall be limited to repair or replacement and the purchaser agrees that no other remedy (including, but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property, or any other incidental or consequential loss) shall be available to purchaser. Out Of Box (OOB) failures must be brought to Avante staff's attention within seven business days of arrival to the customer. An out of box failure is defined as any item that does not function properly upon arrival from Avante.

See "Flat Rate" section within these Terms and Conditions for additional exclusions.

Warranty for Purchased Equipment

Avante offers a standard one year warranty period from the date of original shipment. If any warranty term other than one year is offered by Avante it must be outlined in the quote or sales order, or other Avante generated documentation. Warranty policy covers only products used under specified conditions as outlined by manufacturer of product. If warranty stickers appear to be tampered with or removed upon arrival of any warranty claim the warranty will be void. Equipment preparation and testing conducted by Avante are determined based on tests performed per OEM specifications or tests outlined in Avante quality management policies and according to best practices as established by Avante or OEM. For the duration of the warranty period, Avante will cover any failures identified within the one year warranty period which are not caused by improper use of the equipment or physical damage or abuse. Any part(s) not addressed, refurbished, or replaced during warranty repair process as outlined by service reports or other Avante documentation will not be covered under warranty unless otherwise documented in writing by Avante. Repair or replacement, as stated above, shall constitute the purchaser's exclusive warranty, which does not extend to any type of transportation, installation, labor or any other charges; nor does it apply to any equipment of another manufacturer used in conjunction with the Avante product.

Warranty for Parts Purchased

Avante sells refurbished and aftermarket parts. Refurbished parts will meet quality expectations as outlined in "Quality Expectations" section. Avante offers a standard thirty-day warranty period from the date of original shipment for parts purchased. Warranties or returns are valid only if deemed by Avante personnel as an incorrect shipped part and/or functionality issues not caused by improper use, mishandling or improper installation. Evaluation will be conducted by Avante upon RMA return. If any warranty term other than thirty days is offered by Avante it must be outlined in the quote or sales order or other Avante generated documentation. Warranty policy covers only products used under specified conditions as outlined by manufacturer of product. Repair and refurbishment services conducted by Avante are determined based on tests performed per OEM specifications or tests outlined in Avante quality management policies and according to best practices as established by Avante or OEM. For the duration of the warranty period, Avante will warranty item if above specifications are met. Repair or replacement, as stated above, shall constitute the purchaser's exclusive warranty, which does not extend to any type of transportation, installation, labor or any other charges; nor does it apply to any equipment of another manufacturer used in conjunction with the Avante product.

Governing Law

These Terms and Conditions and the terms of any sale or agreement between Avante and Purchaser shall be governed by and construed in accordance with the laws of the State of California and the Purchaser hereby agrees to submit to the personal jurisdiction of federal and state courts located in the State of California.

Equipment Disclaimers

Instructional information

Some equipment may include instructions to assist with frequently asked questions based on customer feedback. Instructions are strictly for reference and should not be construed as true or accurate statements or statements made by the manufacturer. These are simply Avante's tried and true methods for ease of use.

Batteries

If new batteries are offered to the customer, and outlined in the quote, they will be provided. If new batteries aren't offered then Avante will make best efforts to include refurbished batteries for testing purposes only and shall be replaced by customer as soon as possible.

Testing of Equipment

All equipment received from Avante whether purchased or repaired shall be tested by the customer and verified in good working condition per OEM or hospital specifications. Avante will, under no circumstance load or update drug libraries for infusion products. Gas measurement products (airway, anesthetic, or other) are required to acclimate to customers environment for a period of no twenty-four hours or more. Chance of false readings or calibration issues are increased during this time period.

Quality Expectations

Avante uses these quality expectations for all of our parts, services, and sales. All equipment and parts will pass functionality testing. Visual expectations for aftermarket parts will be "like new" condition. Aftermarket parts will be free of marks, scuffs, cracks, deformities, scratches, blemishes, and other anomalies not part of the design of the product. Refurbished items will carry different expectations than aftermarket. Refurbished parts and items will pass functionality testing and are warrantied to work as designed. Refurbished parts and items may be antiquated and therefore difficult to obtain, many items are "end of life" and/or unsupported by the manufacturer. Avante will make best attempts to provide products that are without defects but this is not always possible. If items fail to meet customer's expectations but meet the criteria outlined here within, they will be subject to Avante's warranty return policy.

Definitions

Refurbished

Previously used items which have been repaired and brought to OEM specifications for functionality by Avante.

Unsupported

Products which Avante or the OEM do not offer services or parts. Unsupported products may be offered a replacement item or will be returned to customer.

OEM

Abbreviation for 'Original Equipment Manufacturer'.

End of Life

Products which the OEM discontinues and exits. End of Life can refer to services and/or goods. End of Life products are announced by the OEM and Avante makes no claims or warrants towards the OEM's End of Life designation.

Aftermarket

New items and parts used as replacements for OEM products. Also known as OEM compatible.

Flat Rate

Term applied to items which carry a negotiated price for repair services. Flat rates assume the item has a "standard malfunction/normal wear and tear" while in operation per OEM standards and guidelines. Items which have multiple failures or which appear to be tampered with may require pricing changes. Any items where parts are harvested and nonfunctioning or broken parts from other devices are put in "cannibalizing" or "frankensteining" will not be honored by Avante flat rate.

Calibrations, Preventative Maintenance (PM), Software Upgrades Items that are calibrated only or where preventative maintenance was only service offered will not carry Avante's warranty. These items will be guaranteed to work and to proper calibration or PM for thirty days.

Evaluation

Any service product may be brought into Avante under an evaluation. There will be no flat rate given on an item coming in for evaluation. Avante will evaluate the problem with the product and will quote a price for repair, exchange, or replacement. If customer does not accept the evaluation then products may be returned to customer. Certain evaluations may require fees if unit is not repaired, exchanged, or replaced by Avante.

Exchange

Avante may offer an exchange on equipment rather than repairing. Exchanges are most often offered when original equipment is beyond repair or repair cost exceeds cost of replacement of whole unit. Advanced exchanges may also be offered to the customer in order to expedite a repair where a compatible unit will be shipped to the customer and their unit sent into Avante as a trade. The Customer's asset will become the property of Avante. There may be costs incurred by the customer on exchanges which will be determined by Avante. If items sent to Avante do not meet quality criteria for inventory replacement then costs may be higher than originally quoted.

Turn Time

Represents the amount of time that Avante will possess the product. Shipping times and customer waiting periods will not be included in turn times. Turn times are estimates, unless otherwise specified, based on current volumes going through Avante's depot facility and may fluctuate.

Core Returns

Any purchased items which require a core return product back to Avante must be returned within thirty days. Any core not returned in thirty days will be subject to charges up to the full price of the item purchases and will be billed to the customer.