Conditions of Sale & Return Policy
Because of American Orleans commitment to constant product improvement, American Orleans reserves the right to change terms and conditions, prices, designs, or discontinue products without notice. American Orleans products are designed and manufactured for single use and once removed from the patient’s mouth, must be disposed of properly. American Orleans expressly disclaims any liability for the spread of disease or personal injury caused by reuse.
Warranty & Liability Limitation
American Orleans warrants that its products are free from defects in materials and manufacture for up to one (1) year after delivery. Some instruments feature longer warranties, and these are noted below. Buyer’s sole remedies with respect to any claim arising out of any defect in any goods or services shall be limited exclusively to the right of repair or replacement of such goods (at American Orleans option) or repayment of the purchase price. In no event shall American Orleans be liable for any consequential or incidental damages including lost profits incurred by buyer with respect to any goods or services furnished by American Orleans.
Instrument warranties vary by product line (detail below). Cutting instruments should be reconditioned every 6-9 months; misuse, abuse, or failure to properly maintain or care for the instrument will void the warranty. Warranties do not cover routine maintenance, sharpening, or reconditioning.
- Hand piece – Warranted to be free of defects for two (2) years
- Battery & Charging Base – Warranted to be free of defects for one (1) year
- ACCEPTANCE. These American Orleans Incorporation (Seller) Terms and Conditions of Sales shall govern all orders placed by buyer (“Buyer”) for products (“Products”) from American Orleans. All orders for Products are subject to acceptance by American Orleans at its home office in Thousand Oaks, California. BUYER’S ORDER IS ACCEPTED ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN AND THE PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING SUBMITTED BY BUYER WHICH ARE INCONSISTENT HEREWITH SHALL NOT CONSTITUTE A PART HEREOF. In the event of any ambiguity or conflict between or among these Terms and Conditions of Sale and any other agreement or writing signed by American Orleans, these Terms and Conditions of Sale shall govern unless expressly provided otherwise in such agreement.
- PRICE. Products are invoiced at prices in effect at the time of the order and American Orleans prices are subject to change without notice.
- DELIVERY. Buyer shall be responsible for and shall pay all freight charges. All Products will be shipped by carrier(s) of American Orleans choice. Risk of loss shall pass to Buyer at the time Products are released to a carrier at American Orleans Home Office in Thousand Oaks, CA. Buyer has the option to purchase insurance from American Orleans. Shipping dates are estimates only and American Orleans will use every reasonable effort to meet such estimated shipping dates; provided, that if American Orleans is unable to meet any shipping date, Buyer has no claim for damages resulting from any such delay in delivery. The Products shall be packed and shipped by American Orleans in accordance with good commercial practices to ensure that the Goods are delivered in an undamaged condition.
- FORCE MAJEURE. American Orleans shall not be liable for any delay, failure of delivery or other nonperformance attributable to any circumstances beyond its reasonable control, including, without limitation, any nonperformance or delays because of breakdowns in production equipment or unexpected production difficulties, strikes, work stoppages, unavailability of materials, accidents, shut-down or delay of suppliers, government orders, fires, explosions, weather or other acts of God, embargoes, inability to secure transportation facilities, or contingencies arising out of national defense activities, war, terrorism or emergency conditions.
- PAYMENT. Unless otherwise stated in the invoice, payments must be made in U.S. Dollars within 30 days of the date of invoice. All orders are subject to the approval of American Orleans credit department and American Orleans may require full or partial payment in advance. Overdue invoices are subject to collection and carry a service charge of 1.5% per month or the maximum legally allowable rate. Buyer shall pay American Orleans all legal costs and expenses, including attorneys’ fees, incurred by American Orleans in connection with its collection of Buyer’s overdue account.
- INDEMNIFICATION. To the maximum extent allowed by law, Buyer must indemnify, hold harmless, and at American Orleans request, defend American Orleans, its officers, directors, employees, agents, affiliates, successors and assigns from and against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including attorneys’ fees) that American Orleans may incur or be obligated to pay as a result of (i) Buyer’s negligence, use, ownership, maintenance, transfer, transportation or disposal of the Products, including, without limitation, any third party claims for personal injury or property damage; (ii) any infringement or alleged infringement of the industrial or intellectual property rights of others arising from Buyer’s plans, specifications (including Buyer’s trademarks and brand names) or production of the Products ordered by Buyer; (iii) Buyer’s violation or alleged violation of any applicable international, federal, state, county or local laws or regulations; and/or (iv) Buyer’s breach of these Terms and Conditions of Sale. American Orleans remedies hereunder are cumulative and in addition to those provided by law.
- DATA PRIVACY. Buyer shall provide all specifications and other information to American Orleans in accordance with all applicable international, federal, state and local laws, rules and regulations, including, without limitation, all applicable laws, rules and regulations governing data privacy and protected health information.
- NON-WAIVER. American Orleans failure to enforce any provisions of these Terms and Conditions of Sale or any rights hereunder shall not operate as a waiver of such provisions or rights.
- ASSIGNMENT. Buyer may not assign its rights or obligations hereunder without the prior written consent of American Orleans and any attempted assignment without such consent shall be null and void.
- SEVERABILITY. If any provision of these Terms and Conditions of Sale shall under any circumstances be deemed invalid or inoperative, these Terms and Conditions of Sale shall be construed with the invalid or inoperative provision deleted, and the rights and obligations of the parties shall be construed and enforced accordingly.
- APPLICABLE LAW. Any dispute regarding the interpretation or validity hereof shall be governed by the internal laws of the State of California without regard to any choice or conflicts of law provisions thereof. Buyer irrevocably and unconditionally (i) consents to submit to the exclusive jurisdiction of the state and federal courts in Thousand Oaks, California, for the resolution of any dispute between the parties concerning the Products or these Terms and Conditions of Sale; (ii) agrees not to commence any such proceeding except in such courts; and (iii) waives any objection to the laying of venue of any such proceeding in the state or federal courts located in Thousand Oaks, California. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to any transaction between American Orleans and Buyer.
- CONFIDENTIALITY. The existence and terms and conditions of the order are proprietary business information of both parties and shall be kept confidential and used only in furtherance of a party’s performance of its obligations hereunder, and such confidentiality obligations shall survive the fulfillment, modification, or cancellation of the order. The foregoing confidentiality obligations shall apply with respect to any non-public confidential or proprietary information provided by a party to the other party in connection with the solicitation of or work on the order.