Terms and Conditions
These “Terms & Conditions” are offered to you by Sound Imaging, Inc. 8535 Arjons Drive Suite A, San Diego, CA 92126, U.S.A. (“SI”).
Acceptance of Terms & Conditions
By purchasing parts and/or accepting the product(s) you agree to be legally bound by all of the Terms & Conditions contained or referenced herein or further specified in your executed agreement. If you do NOT agree to all of these terms, you should NOT purchase any parts from Sound Imaging, Inc.
Modification of Terms
These Terms & Conditions may be changed by SI from time to time, and without actual notice to you, unless you have a separate signed agreement. Any such amended Terms & Conditions shall be effective upon posting. You are advised to regularly review any applicable Terms & Conditions.
Parts Limited Warranty Policy
All parts, unless stated otherwise, are shipped with a 60-day limited warranty against material defect, except for Tubes. Tubes come with a Pro-rated warranty. This limited warranty is provided in lieu of any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacturer (“OEM”) specifications, or other circumstances and conditions that fail to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at SI’s (SI) option. Any warranty claim must be made, by written notification to SI within 30 days of shipment of the defective part from SI to Client. Any defective part subject to a warranty claim must be received by SI within 14 days of provision of written notification of the warranty claim; otherwise, Client will be billed the replacement part price, in addition to the full price of the item as listed by Original Equipment Manufacturer if not promptly returned. All Cold-heads are subject to inspection. Warranty is void if contamination is found. If the Client fails to pay within time frame referenced on the invoice, all warranties will be considered null and void. If the client has an outstanding invoice, warranties for additional parts and services may be voided at the discretion of SI. In the rare instance any warranty claim is issued, it is the sole responsibility of the Client to pay for (1) the shipping of the replacement part from SI to the specified shipping location provided by the Client and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to Sound Imaging, Inc. 8535 Arjons Drive Suite A, San Diego, CA 92126, U.S.A. (“SI”). Credits are non-refundable and may only be applied for future purchases. Limited warranty on parts are 30 days and for coils are 60 days, unless specified in writing. Any Part that has been opened or tampered with will void any and all warranties.
If a warranty is designated as pro-rated by Sound Imaging Inc. warranty coverage related to refund or credit shall be pro-rata based on the number of months lasting in the warranty period.
Any labor, part(s) or travel incurred by Sound Imaging related to a warranty diagnosis and / or repair is billable if the customer requested the diagnosis and there was no issue with the in warranty service or part provided. Additionally, a request for this service, labor, travel or part(s) will be considered authorized by the customer if it is oral or written and it is up to this the discretion of Sound Imaging whether to invoice for this service.
Repair and Limited Warranty Policy
All parts, coils, and boards are repaired and tested according to OEM specifications using propriety techniques of SI and its agents. However, if the Client wishes to have the repaired item to be tested on a live system, there would be extra expenses and cost. (This option may not be available for all repairs.) All parts, coils, and boards repaired are shipped with a 60-day warranty against the RMA information. All repairs are to be paid in advance, before shipping. Shipping cost is always the responsibility of the Client. The client has to notify SI as to the status of the repaired part if DOA within 5 days of receipt of the part. Any defective part subject to a warranty claim must be received by SI within 5 days of provision of written notification of the warranty claim.
The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacturer (“OEM”) specifications, Mobile systems (unless proof of power survey in compliance with OEM) or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at SI’s (SI) option. Any warranty claim must be made, by written notification to SI within 30 days or within the warranty period of shipment of the defective part from SI to Client. Any defective part subject to a warranty claim must be received by SI within 14 days of the provision of written notification of the warranty claim. Any Part that has been opened or tampered with will void any and all warranties.
Our parts are bench repaired and tested. If you want them tested on an actual MRI please ask about this additional optional test. Additionally, other parts of the main MRI may be the problem and can re-damage a repaired part. We are not responsible for a part that Sound Imaging repairs that are subsequently re-damaged in this situation. And we are not responsible to refund repair costs for a part that is working but the main MRI is broken and the symptom presents itself as being the part we repaired.
Parts Limited Warranty Policy
All parts, unless stated otherwise, are shipped with a 30-day limited warranty against material defect. This limited warranty is provided in lieu of any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacturer (“OEM”) specifications, or other circumstances and conditions that fail to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at SI’s (SI) option. Any warranty claim must be made, by written notification to SI within 30 days of shipment of the defective part from SI to Client. Any defective part subject to a warranty claim must be received by SI within 14 days of provision of written notification of the warranty claim; otherwise, Client will be billed the replacement part price, in addition to the full price of the item as listed by Original Equipment Manufacturer if not promptly returned. All Cold-heads are subject to inspection. Warranty is void if contamination is found. If Client fails to pay within time frame referenced on the invoice, all warranties will be considered null and void. In the rare instance any warranty claim is issued, it is the sole responsibility of the Client to pay for (1) the shipping of the replacement part from SI to the specified shipping location provided by the Client and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to Sound Imaging, Inc. 8535 Arjons Drive Suite A, San Diego, CA 92126, U.S.A. (“SI”). Credits are non-refundable and may only be applied for future purchases.
Repair and Limited Warranty Policy
All parts, coils, and boards are repaired and tested according to OEM specifications using propriety techniques of SI and SI and its agents. However, if the Client wishes to have the repaired item to be tested on a live system, there would be extra expenses and cost. (This option may not be available for all repairs.) All parts, coils, and boards repaired are shipped with a 60-day warranty against the RMA information. All repairs are to be paid in advance, before shipping. Shipping cost is always the responsibility of the Client. The client has to notify SI as to the status of the repaired part if DOA within 5 days of receipt of the part. Any defective part subject to a warranty claim must be received by SI within 5 days of provision of written notification of the warranty claim.
The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacturer (“OEM”) specifications, or other circumstances and conditions that fail to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at SI’s (SI) option. Any warranty claim must be made, by written notification to SI within 60 days of shipment of the defective part from SI to Client. Any defective part subject to a warranty claim must be received by SI within 14 days of provision of written notification of the warranty claim.
Accessories
SI will not warranty any defects on MRI BoreCam System and/or MRI Stereo Sound System unless installed by SI personnel. Installation by a third party of ANY and ALL Accessories voids the 1-year warranty offered by SI. SI services will be charged at a rate of $250.00 per engineer per hour and all parts required will be priced at 30% off Manufacturer Pricing. SI employee travel will be charged at a rate of $195.00 per engineer per hour. SI Auxiliary Time will be charged at a rate of $250.00 per engineer per hour. Sound Imaging reserves the right to sell products and services directly to government agencies. Under no circumstances shall a distribution channel, client, individual, company, organization, planning group have the expressed or implied authority to distribute Sound Imaging products, services, installation packages directly to including but not limited to government facilities, government contract, government solicitations, government hospitals, governments projects. Doing so would be in violation of Sound Imaging distribution policies and considered grey market sales in violation of federal government contracting policies and solicitation practices.
Sound Imaging offers free trials for its accessories. Once it is installed and the free trial passes, Customer is obligated to either accept or reject the system. If the system is rejected, Sound Imaging will remove the system. If accepted, the Customer is obligated to pay for the system and installation as soon as the free trial ends. If not, Customer has to pay a rental fee of $500 per month for MRI Stereo Sound System, $800 per month for the MRI BoreCam System installed, and $1000 for the MRI Video systems until the payments are paid. If the Customer does not pay after 90 days of installation, Sound Imaging may at its own discretion remove the system and charge for the rental as well as the installation of the system for the months that the Customer had the system at its location.
Exchange Policy
For all exchanges, the exact part, in repairable condition, must be shipped back to SI unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by SI within 14 days from the initial shipment date from SI to Client; otherwise, Client will be billed the exchange part price, in addition to the full price as listed by Original Equipment Manufacturer if the exchange item not promptly returned.
If the part Client sends to SI is not the exact part, i.e the part number of the part SI does not exactly match the exchange/return part, or is not in repairable condition, SI will refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon Client receipt of the returned part, Client will have 5 days to ship back to SI the exact, repairable part; otherwise, Client will be charged the full price of the part not promptly returned, in addition to the price of any exchange part.
SI, at its own discretion, may decide to either issue an RMA with a fixed 20% cost of the original invoice, or invoice outright pricing for parts not returned within 14 days. If Client does not return the part within 14 days, Client will be charged 10% per additional week. If the part is not returned or returned later than 45 days, full original equipment manufacturer price will be billed the to Client for said part.
Unless approved by SI in writing, parts cannot be restocked after 14 days.
Parts and Repair Limited Warranty Policy
All parts, coils, and boards are bench tested prior to shipment. If the customer feels the part is DOA, customer needs to notify SI as soon as possible and no later than 5 days of receipt of the part. Any defective part subject to a warranty claim must be received by SI 5 days of provision of written notification of warranty claim for evaluation. The customer is advised to contact SI as soon as possible for the issuance of RMA. SI shall evaluate the status and will inform the customer as the status of the DOA. SI may at its own discretion, ship a warranty replacement, apply credit, or refund the money back to the customer if the part is verified to be DOA.
Dead on Arrival (D.O.A.) Parts Policy
If in the event Client receives a Dead on Arrival (D.O.A.) part, Client must notify SI in writing within 3 days of receipt of such part. Thereafter, the D.O.A. part must be returned to SI within 14 days of provision of such written notice to SI; otherwise, Client will be billed any replacement part price, plus the full price as listed by Original Equipment Manufacturer if the item not promptly returned. Client must obtain a RMA number from SI before Client may return the unused part. No part will be accepted by SI without an RMA number.
All parts, coils and boards are repaired and tested according to OEM specifications using propriety techniques of SI and its agents. However, if the Client wishes to have the repaired item to be tested on a live system, there would be extra cost. (This option may not be available for all repairs.) All parts, coils and boards repaired are shipped with a 60-day warranty against the RMA information. All repairs are to be paid in advance, before shipping. Shipping cost is always responsibility of the Client. Client has to notify SI as to the status of the repaired or sold part if DOA within 5 days of receipt of the part. Any defective part subject to a warranty claim must by received by SI within 5 days of provision of written notification of the warranty claim. Since the parts are tested prior to shipping, SI engineers have to determine how the part has become DOA. Once established that the part has been DOA prior to shipping, SI at its own discretion may repair or credit the Client.
Restock Parts Policy
If a part shipped to Client by SI is unused, Client must obtain a RMA number from SI before Client may return the unused part. No part will be accepted by SI without an RMA number. Any parts being returned to SI as restock must be returned within 14 days from initial shipment date.
The following restock charges will apply: Unopened: 20% and Opened: 30%
Shipping Policy
The Buyer shall be responsible for all duties, taxes, interest, and other charges due on purchased items and it is highly recommended that Insurance for the item be obtained from the Freight Company, or from an independent insurance provider. Any damages that occur during shipping / transportation of the item purchased or to the exchange “core” item is the responsibility of the Buyer and will be invoiced by SI accordingly. The purchased item and/or exchange “core” item is the property and responsibility of the Buyer upon leaving SI’s premises.
Hold Harmless
SI is not responsible for any lost or damaged items of or pertaining to coil repairs, loaner coils, or parts repair. Client takes full responsibility for item sent to SI. When sending equipment to SI, please note the serial number of all equipment prior to shipment. Warranty will be voided unless parts are installed by a factory trained OEM engineer.
Client solely assumes all liability and shall indemnify SI and/or its Vendors, including Linde LLC, for any damages, whether direct, indirect, consequential, special, or incidental, including any costs of litigation (e.g., attorney fees, discovery costs, etc.), resulting from any occurrence arising in connection with Cryofill Services performed under the above conditions.
SI does not assume responsibility for any third party equipment being stored at SI. It is the Third Parties sole responsibility to provide maintenance to its own equipment. SI is not responsible for any theft, damage, or malfunctions to the equipment while it is stored at its facilities. There is a minimum charge of $100 per day for any MRI magnet stored at SI for electricity usage, unless it is waived by SI in writing.
Payment Terms on Parts and Repair
Buyer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to SI, at SI’s discretion. Payment due dates are based off of the day the part leaves SI’s facility. After 30 days, or per Credit Card Application, if payment is not received, there will be a fixed 12% service charge on any amounts due to SI for any parts and/or services provided, or the maximum amount allowed by law. In the event that the unpaid balance goes to collections, Buyer will be responsible for all costs associated with collections, including but not limited to attorney fees incurred. If for any reason a check is returned for insufficient funds, there will be a charge of $250.00 per returned check.
Any property, part, or product that belongs to a Client and is ready to be shipped back to the Client after being repaired, and the Client has been notified by email is considered abandoned after 30 days without explanation. Sound Imaging will have the Right to destroy, donate, or sell the product to recover its cost for the repair, storage or any other reasons that Sound Imaging deems appropriate.
In Case of over payment, the Client has the right to request a refund within 90 days. After 90 days, Sound Imaging may issue a credit for future purchases.
Confidentiality
The Terms & Conditions of your agreement are confidential and shall not be disclosed except as necessary to the performance of this agreement or as required by law. SI’s communications with prospective purchasers are to be handled exclusively through SI unless otherwise directed by SI in writing. SI agrees to limit any discussions during inspection or in the course of due diligence to technical or logistical issues, and further expressly agrees to NOT discuss any financial issues with prospective purchasers. All discussions regarding technical issues, extensions and course of due diligence has to be in writing and agreed by both parties.
Limitation of Liability
The parties agree that SI shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment, or the provision of medical services utilizing the Equipment. Furthermore, SI shall not be liable or responsible for any loss, damages or impairment to the Equipment that may occur during the de-installation, rigging, transportation, installation or ramp up of the Equipment, unless caused by SI’s gross negligence or willful misconduct. Client agrees to inspect shipping package for shock-watchers, tilt-watches, or other sensory devices, as applicable, and notify SI immediately if package is damaged. Failure to do so will hold harmless SI for any D.O.A or other warranty claim. SI shall not be liable for any Equipment failures or malfunctions caused by Client’s failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall SI’s total liability in damages or otherwise exceed the total of the payments, if any, received by SI from Client for the services furnished or to be furnished pursuant to the Agreement. In no event shall SI be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. SI assumes no responsibility whatsoever for any matters relating to Equipment calibration and use. Client hereby agrees to indemnify hold harmless and defend through counsel of SI’s choice SI and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney’s fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. SI specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever. Limitation of Liability.
SOUND IMAGING INC. IS NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS IN PERFORMING UNDER THIS AGREEMENT THAT ARE DUE TO EVENTS OUTSIDE OF ITS REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, THE STATE OF CALIFORNIA, SOUND IMAGING INC., AND THEIR OFFICERS, AGENTS, AND EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED ON YOUR PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. SOUND IMAGING INC. SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (1) REPAIR OR REPLACE YOUR PRODUCT WITOUT RISK TO OR LOSS OF PROGRAMS OR DATA, OR (2) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN SOUND IMAGING’S CUSTODY, SOUND IMAGING’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, SOUND IMAGING’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY SOUND IMAGING INC. FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY SOUND IMAGING INC. UNDER THESE TERMS AND CONDITIONS.
Dispute Clause
All sales transactions are governed by California law. Any disputes arising out of or related to the sales of equipment shall be brought exclusively in the state or federal courts located in San Diego, California. The parties consent and submit to personal jurisdiction and venue in the state or federal courts located in San Diego, California.
If SI is required to institute legal proceedings to collect any sums due as a result of the sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorney fees and costs incurred.
Severability
If any term, provision, covenant, or condition of the Agreement, or the application thereof, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and not invalidated, and application of such provision(s) to persons, entities, or circumstances shall be interpreted so as best to reasonably effect the intent of the Parties.
Headings
The headings of the sections of the Terms & Conditions are used for convenience purposes only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms & Conditions.
