THE FOLLOWING IS A LEGALLY BINDING AGREEMENT BETWEEN PURCHASER AND ZETROZ Inc. WITH RESPECT TO PRODUCTS, EACH PURCHASER EXPRESSLY REPRESENTS AND WARRANTS THAT (i) THE PURCHASER HAS READ, UNDERSTOOD, ACCEPTED AND AGREED TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW; (ii) IS AT LEAST 18 YEARS OF AGE; (iii) HAS THE POWER AND AUTHORITY TO ENTER INTO THE TERMS. IF ANY USER OR PERSON DOES NOT AGREE TO ACCEPT EACH AND ALL OF THE FOLLOWING TERMS AND CONDITIONS AS SET FORTH HEREIN, PLEASE DO NOT ORDER OR PURCHASE ANY ZETROZ Inc. PRODUCTS.
GENERAL. ZetrOZ Inc. reserves the right to reject, cancel or invalidate any order if, in its sole and absolute discretion, it cannot fulfill the order for any reason whatsoever. The preceding sentence shall apply regardless of whether any online or electronic mail confirmation indicates to the contrary. The Terms will become binding upon ZetrOZ Inc. for any order only when the order is fulfilled by ZetrOZ Inc., provided that the remainder of these Terms shall be immediate for Purchaser upon its online or electronic submission, entry or delivery of any order, or submissions of any purchaser order or similar document to ZetrOZ Inc.
MERCHANDISE. ZetrOZ Inc. has made every effort to ensure that all product information held on this website is accurate. We reserve the right to change and remove any item from the catalogue at any time.
PRICING. Prices of goods stated on the web site may be subject to changes without any liability on the part of the ZetrOZ Inc. The total cost of your order is the price of the goods together with delivery charges. While we try and ensure that all prices on our website are accurate, errors may occur. Title of all goods supplied shall rest with the company until payment has been received in full.
DELIVERY. Any delivery period quoted by the company is provided as a guide for the customer. The company shall not be held responsible for any loss incurred by a customer due to the timing of delivery of the goods. Your order will usually be dispatched within five working days as long as all items are in stock; if there are item(s) out of stock we will send them as soon as is practicable. If the item is permanently out of stock, we will contact you via telephone or email. If you haven’t received your order within the specified time or there is a problem with your order, please advise us at the earliest convenience at 888 202 9831. Please have the device serial number and date the order was placed in hand. Delivery charges are based on the weight of the order and the region to which it will be shipped. If you select the wrong region for any reason and it results in lower postage than is needed to send the order, we will contact you to arrange payment of the outstanding postage before we send the order.
CHANGE OR CANCEL AN ORDER. If you wish to change or cancel an order please contact our Customer Service team at 888 202 9831. Please have the device serial number and date the order was placed in hand. If your products have already been dispatched or delivered, you will need to follow our returns procedure.
EQUIPMENT CHANGES. ZetrOZ Inc. may, at its sole and absolute discretion, and without any notice thereof to Purchaser before or after the applicable order, make any changes to any equipment used with respect to any Product (including, but not limited to, as such changes may relate to design, manufacturing, production or testing of Products) which: (i) do not affect physical or functional interchangeability of the Product; or (ii) allow any ZetrOZ Inc. equipment to perform at a higher level of assembly, or (iii) are required for reasons of health or safety, or (iv) are necessary to meet any equipment specifications.
EXPORT. Purchaser understands that ZetrOZ Inc. Products are subject to regulation by agencies of the government of the United States, including, but not limited to, the U.S. Department of Commerce, and the Treasury Department’s Office of Foreign Assets Control (OFAC) and the International Traffic in Arms Regulations (ITAR). Purchaser agrees to comply with all export and re-export control laws and regulations. Specifically, Purchaser represents that it is not located in Cuba, Iran, North Korea, Sudan, or Syria and that you are not a listed entity on any of the prohibited party lists including the Commerce Department’s Denied Persons List, Entity List, and Unverified Parties List; the Treasury Department’s List of Specially Designated Nationals List, and the State Department’s list of debarred parties. Purchaser also covenants that it will not export, directly or indirectly, sell, export, reexport, transfer, divert, or otherwise dispose of any Product, software or technology (including products derived from or based on such technology) received from ZetrOZ Inc. to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
LIMITATION OF LIABILITY. Notwithstanding anything to the contrary herein, in no event shall ZetrOZ Inc. be liable (regardless of the theory of liability) for: (a) any special, consequential, incidental or punitive damages (including, without limitation, for lost profits or revenues), even if ZetrOZ Inc. was informed of the possibility of such damages, related to, in connection with or arising from the Terms or Products; (b) total cumulative liability hereunder in connection with, related to or arising from the Terms or Products in amounts greater than the amount actually paid by Purchaser to ZetrOZ Inc. hereunder. The parties expressly acknowledge and agree that the limitations of liability set forth in this paragraph are an essential part of the Terms, and in the absence of such limitations, the economic terms of the Terms would have been substantially different than provided herein and/or the parties would not have agreed to the Terms.
INDEMNIFICATION. Purchaser (“Indemnitor”) will, at its own expense, defend, indemnify and hold harmless ZetrOZ Inc., its subsidiaries, affiliates, manufacturers and agents, and their respective officers, directors, shareholders, agents, representative, contractors, employees and customers (each, an “Indemnitiee”, and collectively, “Indemnitees”) from and against any and all loss, cost, expense, damage, claim, demand, or liability, including (without limitation) reasonable attorney and professional fees and costs, and the cost of settlement, compromise, judgment, or verdict incurred by, or demanded of, an Indemnitee (collectively, “Losses”), arising out of, resulting from or occurring in connection with: (a) the Indemnitor’s gross negligence, bad faith, willful misconduct, breach of any of the terms of these Terms or violation of any applicable law, rule or regulation; (b) violation of any other third-party intellectual property right, or other property or personal right; (c) the Indemnitor’s marketing, installation, sale or support of any Product; or (d) any use or sale of the Products in medical therapeutic treatment. Indemnitee shall have the exclusive right to control, with counsel of its own choosing, the defense and/or settlement of any Losses.
ADVICE/TRAINING. Any technical advice offered or given (whether online or offline, or whether by written, oral or visual discussions or presentations) by ZetrOZ Inc. to Purchaser for any Products is only as a free accommodation to Purchaser. ZetrOZ Inc. shall have absolutely no responsibilities or liabilities whatsoever therefrom. Purchaser acknowledges and agrees that no installation, training or education is provided under the Terms, unless specifically agreed in writing by ZetrOZ Inc.. If Purchaser receives any training from ZetrOZ Inc., such training is personal to the persons receiving such training. Purchaser acknowledges and agrees that any persons receiving such training may not be capable of operating the Products.
CONTRACT. United States law governs any contract formed between the company and a customer. Any disputes arising out of or in connection with a contract shall be determined by New York courts.
WARRANTY. ZetrOZ Inc. offers a two year manufacturer’s limited warranty for the sam® unit. This warranty does not cover intentional tampering with the case, internal circuitry, or other system components. Opening the case is strictly forbidden and will void all warranties including the two year Warranty. If the sam® Unit fails due to defects in material or workmanship, ZetrOZ Inc., at its discretion, will REPAIR the sam® Unit or REPLACE the sam® Unit with the same or a more recent version of the sam® system. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER STATE LAW APPLY ONLY TO THE ORIGINAL PURCHASER OF THE sam® UNIT AND ARE NON-TRANSFERABLE.
EXTENT OF LIMITED WARRANTY. This limited warranty does not cover damages due to external causes, including, without limitation, accident, usage not in accordance with product instructions, misuse, neglect, alteration or repair.
EXTENDED WARRANTY COVERAGE. Extended Warranty Coverage includes accidental damages to the unit during proper use as directed in the User’s Manual. This warranty does not cover intentional tampering with the case, internal circuitry, or other system components. Opening the case is strictly forbidden and will void all warranties including the two year Warranty. If the owner has purchased the additional warranty and if the unit is subjected to accidental damage, ZetrOZ Inc., at its discretion will REPAIR the sam® Unit or REPLACE the sam® Unit with the same or a more recent version of the sam® system. THIS EXTENDED WARRANTY AND ANY IMPLIED WARRANTIES THAT MAY EXIST UNDER STATE LAW APPLY ONLY TO THE ORIGINAL PURCHASER OF THE sam® UNIT AND ARE NON-TRANSFERABLE.
HOW TO OBTAIN WARRANTY SERVICE. To obtain Extended Warranty service you must purchase the extended warranty at the time of purchasing the full sam® therapy system. If you have any questions regarding your warranty service, please contact sam® Customer Service toll-free at 1.888.202.9831. When purchasing your sam® system you will be issued a Returned Material Authorization (RMA) number. When you return the sam® Unit to ZetrOZ Inc., you must write the RMA number in a visible location on the outside of the package. ZetrOZ Inc. will not accept returned sam® Units without an RMA number on the package. If you return the sam® Unit to ZetrOZ Inc., you must assume the risk of damage or loss during shipping. ZetrOZ Inc. may require you to verify that you are the original purchaser of the sam® Unit. ZetrOZ Inc. at its sole discretion may elect to replace or repair the sam® Unit with either a new or reconditioned product. The returned product shall become ZetrOZ Inc. property upon receipt. The replacement sam® Unit is warranted under this written warranty and is subject to the same limitations and exclusions for the remainder of the original warranty period. THIS WARRANTY IS NOT TRANSFERABLE.
WARRANTY LIMITATIONS AND EXCLUSIONS. These warranties replace all other warranties, express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. ZetrOZ Inc. makes no express warranties beyond those stated here. ZetrOZ Inc. disclaims all other warranties, express or implied including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties so this limitation may not apply to you. All express and implied warranties are limited in duration to the limited warranty period. No warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
SEVERABILITY CLAUSE. Should any provision in these Terms & Conditions become void, the remainder shall remain valid and binding between you and ZetrOZ Inc.