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Terms and Conditions

 

Excel Dental Parts Inc.

Terms & Conditions

 

Welcome to the Terms and Conditions ("Terms") for Excel Dental Parts Inc. These Terms are between you and Excel Dental Parts Inc. and/or its affiliates ("EDP” or "Us") and govern our respective rights and obligations. These Terms constitute the entire agreement between you and EDP related to products and services sold or furnished by EDP. Any conflicting, additional or different statements or terms listed on any purchase orders, invoices, confirmations or other Buyer generated documents, whether heretofore or hereafter submitted, are of no effect.  By using our website or ordering from EDP, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.

 

SITE USE

EDP grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access our website for the sole purpose of shopping on-line with EDP.  This license does not include any resale or commercial use of EDP website, or its contents; any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data mining or similar data gathering and extraction tools. You must be at least 21 years of age to use our site, services and order our products. In order to register with our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the registration process.  If you use any EDP website or services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Additionally, you shall be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. EDP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.  You may use the EDP site only as permitted by law. The licenses granted by EDP terminate if you do not comply with these conditions.
 

ELECTRONIC COMMUNICATIONS
When you use EDP website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.



ACCEPTANCE AND CANCELLATION OF ORDERS

All orders are subject to written acceptance by EDP.  Acknowledgement will be made to the e-mail address provided.  In the event EDP cannot fulfill an order, notification will be made via e-mail to the buyer.  E-mail receipt of an order shall not, in and of itself, constitute such acceptance of an order.  The Buyer may cancel orders accepted by EDP only upon written e-mail notification.  In the event of cancellation or other withdrawal of an order for any reason, and without limiting any other remedy which EDP may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges shall include all expenses incurred and commitments made by EDP, and shall be paid by Buyer to EDP.  Buyer requests to reschedule are subject to acceptance by EDP in its sole discretion.  Orders may not be cancelled or rescheduled after EDP has submitted the order to the shipment carrier.  EDP reserves the right to allocate sales and limit quantities of selected products among its Buyers at its sole discretion.  Product specifications and availability are subject to change without prior notice.


RISK OF LOSS

All items purchased from EDP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipper or carrier.



PRICES AND TAXES

Orders are charged at the prices in effect at the time of shipment. All North Carolina Buyers are subject to NC sales tax.  Prices shown are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, and document fees. In the event EDP receives notification from the manufacturer after an order has been accepted but prior to shipment that the price of the Product has increased, EDP shall be entitled to increase the price of the Product commensurate with such increase, and the Buyer shall either accept such price increase or terminate the order.


PAYMENTS AND PROCESSES OF INVIOCES

All payments for the products shall be made by credit card, Master Card or Visa to Excel Dental Parts, Inc.  Excel Dental Parts, Inc. has all the discretion to cancel or deny orders.  Excel Dental Parts, Inc. is not responsible for pricing, typographical, or other errors in any offer by Excel Dental Parts, Inc. and reserves the right to cancel any order arising from such errors. Upon placing an order on the website you agree to authorize EDP to place those charges on the credit card you have submitted.


RETURNS

All returns require a return authorization number. The return authorization form for new, unopened, unused products can be obtained from our website.  Buyer must complete the required information, submit form to EDP, and receive written approval including return authorization number from EDP before returning the product. This authorization will be e-mailed to the address used for the purchase.  Products returned without an authorization number may not receive credit.  Products authorized for return must be in the original, unopened packaging, and received by EDP within 60 days of the date of invoice.  Return shipping charges for the return of products is the sole responsibility of the Buyer.  No COD packages will be accepted.   A restocking fee of 25% will be charged, and refunds due the Buyer will be credited back against the credit card used for the purchase.  Some products include what is known as a core credit. If a product carries a core credit it will be shown on the part details on the website. The used part must be returned to EDP within 60 days of the invoice date to receive the core credit.  A pre-paid return UPS shipping label is included in all boxes with product(s) which are returnable for core credit. Core refunds will be credited to the credit card used for purchase.


LIMITED WARRANTY AND REMEDIES

EDP warrants that, at the time of delivery, the Products covered hereby are warranted for a period of 90 days from date of invoice in accordance with their manufactures specifications, but makes no other warranty with respect to such Products. Warranty does not include normal use and wear of the Product nor Product damaged from certain disinfects or chemicals used in the dental or medical office.  EDP shall elect, to credit the credit card of the Buyer or replace without charge to the Buyer all Products which at the time of delivery are not in such condition, but only if the Buyer notifies EDP within 90 days from the date of invoice & requests a return authorization number.  Return shipping charges for the return of products is the sole responsibility of the Buyer.  No COD packages will be accepted.

Return of defective product requires the order of replacement product and return authorization approval for defective product.  Buyer must contact EDP and provide a detailed statement of the defect along with the persons name installing the product if the installer is different than the user, and the users name and phone number, along with the replacement order information.  EDP may at its option provide a replacement product or refund the cost of the purchase price of the product.  All electrical and electronic parts are subject to inspection by EDP for material defects, improper installation resulting in failure may not receive credit if it is determined that the defect was the result of improper use or installation.  It is not the responsibility of EDP to instruct the Buyer as to how to install any product.  By purchasing a product the purchaser attests that either purchaser is knowledgeable or has hired someone who is knowledgeable to install the product.

EDP’S SOLE LIABILITY SHALL BE TO CREDIT THE ACCOUNT OF THE BUYER OR TO REPLACE PRODUCTS WHICH ARE NOT IN ACCORDANCE WITH EDP’s LIMITED WARRANTY IN ACCORDANCE WITH THE TERMS HEREOF AND IN NO EVENT SHALL EDP BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGE OF ANY KIND. THE FOREGOING REMEDY AS PROVIDED HEREIN SHALL BE THE SOLE AND EXCLUSIVE REMEDY


NO USE AS CRITICAL COMPONENTS

Products sold by EDP are not designed, intended or authorized for use in life support, life sustaining, human implantable where personal injury, is likely to result in serious injury or loss of life or catastrophic property damage. This includes, but is not limited to, Class III medical devices as defined by the U.S. Food and Drug Administration (FDA). If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer's sole risk; (2) Buyer agrees that EDP and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) BUYER AGREES TO INDEMNIFY, DEFEND AND HOLD EDP AND THE MANUFACTURER OF THE PRODUCTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES AND LIABILITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE OR SALE.


INDEMNFICATION

The Buyer assumes all liability for the proper installation and use of the Product purchased. Accepting the terms and conditions, the Buyer attests that he or she has the knowledge to install and or use the product provided, or he or she has hired someone with these skills to install the product.  EDP assumes no liability to the Buyer or installer.  Buyer agrees to indemnify, defend and hold harmless EDP and its business partners, employees and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of Buyer's use, misuse, or inability to use the Products or EDP’S website, Buyer's reliance upon any information or recommendation provided by EDP personnel, or any violation by Buyer of this agreement. The Buyer agrees that the sole remedy is the cost of the Product purchased.


TECHNICAL DATA

Buyer shall not use, duplicate or disclose any technical data delivered or disclosed by EDP to Buyer for any purpose other than for installation, operation or maintenance of Products purchased by Buyer without EDP’s prior written consent.  Further, to the extent EDP offers technical assistance or suggests alternative products based on technical information available to EDP, EDP DOES NOT GUARANTEE that this assistance is correct.  The Buyer is solely responsible for confirming the validity of the assistance and the specifications as well as determining the appropriateness and compatibility in selecting product(s) for their application.


DISPUTES

All disputes under, and with respect to any contract concerning the Products not otherwise resolved between EDP and Buyer shall be resolved in a court of competent jurisdiction located in Concord, North Carolina and employing North Carolina Law, and in no other place; provided, however, that in EDP’s sole discretion such action may be heard in some other place designated by EDP (if necessary to acquire jurisdiction over third persons), so that the dispute can be resolved in one action. Buyer agrees to appear in any matter connected with the Products furnished by EDP. NO ACTION MAY BE BROUGHT BY BUYER MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS OCCURRED.


MARKETING

By submission of an order or any communication to EDP by e-mail, Buyer specifically authorizes EDP to use the Buyer's e-mail address for the marketing and communication purposes of EDP.  Buyer may cancel the consent by a specific written notice of cancellation.

PRIVACY

Please review our Privacy Notice.  

 

MODIFICATION OF TERMS

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.