1. ACCEPTANCE, GOVERNING PROVISIONS, CANCELLATION
   This writing constitutes an offer by Biocare Labs Inc. ("Seller") to sell the products and/or service described herein in accordance with these terms and conditions and is expressly conditioned upon assent to these terms and conditions. No additional or different conditions will be binding upon Seller unless specifically agreed to in writing. Failure of Seller to object to provisions contained in any purchase order or other communication from a Buyer shall not be constructed as a waiver of these terms and conditions nor as an acceptance of any such provisions. This contract and those terms and conditions shall constitute the entire agreement between Seller and Buyer and shall be constructed according to the internal laws of the State of Illinois. No orders may be cancelled or modified by Buyer except upon terms and conditions acceptable to Seller as evidenced by Sellers consent.
2. POLICIES
   
   A. OPEN ACCOUNT
   
   Standard open account terms are 2% 30Net 31 days.
   
   If any invoice remains, unpaid 60 days after invoice date, the account is automatically brought to the attention of the Credit Department for review of credit terms. The account thus becomes subject to establishment of restricted terms.
   
   B. PRO FORMA (CASH IN ADVANCE)
   
   Pro Forma terms will be automatically assigned to a candidate so newly established in business that a normal credit history cannot be verified. Or to any open account Biocare Labs Inc. Customer who abuses his credit privileges or to a Candidate whose reputation for paying his bills justifies it. Pro Forma invoices not paid within 30 days are considered null and void.
   
   C. CREDIT LIMITATIONS
   
   Biocare Labs Inc. reserves the right to set reasonable credit limits when offering open account terms or when a Customer without limitations abuses his credit privileges.
3. ELIGIBILTY
   Any authorized Biocare Labs, Inc. customers are eligible to order except when an account is past due. An invoice is considered past due it is not paid with a currently-dated check within 30 days of invoice date, All post-dated checks will be considered tendered as of the date shown thereon regardless of date actually received, for until they mature such checks are merely promissory notes.
4. FREIGHT POLICY
   All goods are shipped freight prepaid with a minimum of $1000.00. International orders are F.O.B US Port. Any order under $1000.00 will be shipped freight collect.
5. FREIGHT CLAIM
   Biocare Labs Inc. will help pursue freight claims only if the loss is supported by the proper document (a) a Delivery Receipt bearing the driver’s damage notations and signature, or (b) in the case of concealed damage, a duly executed inspection report which is a form provided on request by the carrier. Without these documents, the loss shall be borne by the Customer.
   Under federal regulations it is the responsibility of the consignee (Customer) to file damage or loss claims promptly with the responsible carrier. “Promptly” is defined as nine (9) months from date of delivery. After that, all rights of claim are automatically forfeited. Since proper handling of such claims therefore depends on the Customer, Biocare Labs Inc. will hold (the Customer responsible for the full invoiced value of all lost or damaged goods not claimed within the statutory time limit Concealed Damage, however, must be reported within 15 days after delivery (Please note that these rules are established in the Official Motor Freight Tariff, the “rulebook” of the Interstate Commerce Commission) Once properly filed. Customer should send a copy (duplicate, photocopy or other) of the claim form to Biocare Labs, Inc.
6. CREDITS
   Any requests for credit for any reason should be directed to our company headquarters, Biocare Labs, Inc. Under no circumstances should deductions be made from invoices unless written authorization is received from our office in the form of a credit memo. If unauthorized deductions are taken from payments, new orders will not be processed until credit issues have been resolved.
7. BACK ORDERS
   Ordinarily we will not backorder an item unless we are in a position to give a definitive future shipping date. All backorders will be promptly shipped as they become available.
8. RETURNED GOODS
   Biocare Labs, Inc. stands ready and willing to help Customers adjust inventory for efficient turnover.
   BIOCARE LABS, INC. WILL CREDIT ALL CUSTOMERS ACCOUNT UPON RECEIPT OF MERCHANDISE PROVIDED THE FOLLOWING CONDITIONS ARE MET.
   
   A. Customer request in writing authorization to return merchandise specifying each item and reason for return.
   B. Only upon receipt of WRITTEN AUTHORIZATION from Biocare Labs Inc. will merchandise be accepted. Once authorization is received Customer should forward to the address on the authorization request the merchandise contained thereon well packaged, freight prepaid ( unless otherwise authorized)
   C. Credit for return goods will not be issued until merchandise has been received.
   D. Credit will be issued on the following basis:
   1. 100% of original invoiced price
      a. Sealed, salable, unordered merchandise sent to the customer in error
      b. Unsaleable merchandise due to the fault of the manufacture.
   2. A 15% Restocking Charge will apply to:
      a. Salable, merchandise damaged in transit due to improper packaging, which is being returned for credit
      b. New merchandise returned after 180 days on a guaranteed sale.
      c. Merchandise returned that has price tags, labels, etc.
   3. Non-refundable merchandise
      a. Packages which have been opened and from which part of the product has been removed
      b. Merchandise which has been in a fire sale, sacrifice or close out sale or bankruptcy sale
      c. Merchandise purchased or otherwise obtained in violation of any federal, state or local law or regulation
      d. Merchandise which has degenerated due to conditions occurring after shipment and beyond control of Biocare Labs, Inc. such as improper storage heat, cold, smoke, etc.

By signing below, the customer agrees to abide to the terms and conditions as set forth in the “Terms and Condition of Sale” of Biocare Labs Inc.

Business Name____________________________________________

Authorized Agent Signature______________________________________

Date_____________________________________

 

Please click here to download a copy of this document, sign it and fax it to Joann Richkus at (708) 496 8906