Shipping policy

8. DELIVERY. All deliveries of goods are F.O.B. CLINIMED™ facility in Center Valley, Pennsylvania unless otherwise specified by CLINIMED™. Partial deliveries are permitted.Upon delivery to the carrier, title to the goods and all risk of loss, damage, theft or destruction shall pass to Buyer; no loss, damage, theft or destruction of the goods after delivery to the carrier shall relieve Buyer of any obligation there under. In scheduling shipment of goods, all delivery times are approximate; CLINIMED™ will not specify a definite date of delivery but will attempt to make shipment on or prior to the date requested.
9. SHIPPING CLAIMS. Upon receipt of goods, Customer shall promptly inspect the shipment. Claims for shortages in shipments, corrections or other nonconformity of goods are waived unless made within three (3) business days from receipt of goods.
10. EXCUSABLE DELAYS. CLINIMED™ shall not be liable for delays in delivery or failure to perform due directly or indirectly to cause beyond CLINIMED as reasonable control, including without limitation: (i) acts of God, and acts or failures to act of any government authority; (ii) wars (declared or undeclared), insurrections, revolutions, riots, strikes or other labor disputes; (iii) fires, floods, sabotage, earthquakes or storms; or (iv) inabilities to deliver due to causes beyond CLINIMED™s reasonable control to obtain in a timely manner and at reasonable prices necessary and proper labor, materials, components, facilities, energy or transportation.
11. CREDIT BALANCE. Customer agrees that it will request any credit balances on its account(s) be applied within one year of the credit’s issuance. IF SUCH REQUEST IS NOT RECEIVED WITHIN ONE YEAR ANY OUTSTANDING BALANCES WILL BE SUBJECT TO CANCELLATION AND CLINIMED™ SHALL HAVE NO FURTHER LIABILITY.
12. RETURN OF GOODS. Buyer must notify CLINIMED™ within 10 business days of any complaints/ errors. Goods may be returned for credit only if Buyer first receives CLINIMED™s written consent; consent will not be given on specially manufactured goods or goods which have been modified to meet specifications of Buyer. All goods must be returned to CLINIMED™ in its original packaging without any damage or loss to the merchandise shipped, with transportation charges pre-paid by Buyer. Credit will be given for returned goods in the amount of the lesser of the invoice price prevailing at the time of return, less twenty percent handling fee and any expenses incurred in restoring goods to saleable condition.
13. CANCELLATION. Cancellation of orders or deferral of shipment is permitted, however Buyer will be invoiced and must pay for all cancellation or deferral charges, which include without limitation CLINIMED™s cost for commitments made, profit on work in progress, the contract value of parts completed and ready for shipment, and any other expenses incurred prior to cancellation or deferral. The maximum time allowed for deferral of shipment is 60 days. Cancellation for custom and or customized instruments, manufactured according to customer specifications/ requirements will be subject to a cancellation penalty of 100%. Payment for up to 100% of the invoice value for custom and or customized instruments and devices may be required in advance.