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Terms and Conditions

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Terms and Conditions

These Terms of Purchase ("Terms") define the relationship between you and Econocare, Inc. ("we" or "us") regarding your purchase of products or services through its web-commerce site FacilityWebSource.com (our “website”).

These Terms are your Contract

These Terms become a binding contract between you and us when any of the following occurs:   a) you accept these Terms on our website; b) you issue a purchase order for products or services; c) you pay us for any product or service; or d) you sign our credit application.  These Terms, along with our quote, are the full and final, integrated contract regarding the products or services you are ordering and supersede all prior terms, discussions or understandings you and we may have had.  No inconsistent or conflicting terms or conditions in any document you may provide (such as your purchase order) will amend or supersede these Terms and we reject any such inconsistent terms unless they are signed by our authorized representative.  These Terms are in effect even if they are embodied only in electronic form.  If you want a hard copy of these Terms, please print this page.

Pricing

Prices in website and catalog expire when a new catalog is printed or when the website is updated.  Prices are also subject to change, and some prices shown in the catalog or website may be in error.  The price you will pay is the price quoted by our account representative when we accept your order.  Payment is due in full within 30 days from the date of our invoice.

Our Website’s Content

We offer online ordering through our website.  We either own the content on our website and our catalog ("Content") or we use it with permission from third parties.  You will not reproduce, republish, transmit, or distribute the Content without our prior written permission.  We do not grant, assign, license or transfer any right in or to the Content to you; we expressly reserve all those rights.  Our website and catalog are provided "as is."  We disclaim all warranties about our website and catalog, whether express or implied, and we make no warranty that our website will be uninterrupted, secure or error-free.

Access to Our Website

We have the right to suspend, deny access to, change or terminate our website at any time.  

Shipping, Claims and Returns

We sell all products FOB shipping point.  Title and risk of loss to all products you purchase passes to you at the shipping point.  If a product is lost or damaged in transit, we will assist you in making a claim against the shipper.  We pre-pay freight and add that cost, without markup, to your invoice once we have a final figure for that cost.  We accept product returns with our prior approval and subject to our or our vendor’s return freight and restocking charges, where applicable.  

Sales Tax

For purchases in states in which we are a registered retailer for sales tax purposes, we will add to your invoice and you will pay us applicable sales tax in addition to the purchase price.  For all other purchases, you are responsible for paying any applicable sales or use taxes.

Warranty Disclaimer, Indemnification & Limitation

We pass on to you, to the extent allowable, the manufacturer's product warranty and standard user software license for all products.  Since we are not the manufacturer of any of the products we sell, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR CORRUPTED DATA EVEN IF YOU OR WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Any advice we may provide does not relieve you from your sole responsibility for proper selection, use and maintenance of products or services.  You will defend, hold harmless, and indemnify us against all third party claims or liabilities for damages.  In no event will we ever be liable to you for more than the cost of the product or service in question.

Discounts

Discounts, rebates or other purchase incentives we may provide on products and services may constitute a discount or other reduction in price (“Discount”) under federal anti-kickback laws.  You and we both agree to use best efforts to comply with requirements imposed on sellers and buyers under such laws and the "safe harbor" regulations regarding Discounts set forth in 42 C.F.R. § 1001.952(h).  You may have an obligation to accurately report to the government the net cost you actually pay and all Discounts on products and services covered by these Terms.

No Resale or Export

You represent that any product you purchase is for your own commercial use and not for resale.  You will comply with all export control laws and will not export any products to any country in violation of those laws.

Change in Terms

These Terms are subject to change from time to time.  Any such change will apply to transactions on or after the date of any such change.

Confidential Information

Except to order or use our products or services, neither you nor any of your employees or agents will disclose or use any our Confidential Information for the maximum time allowed by law.  "Confidential Information" means all nonpublic, proprietary information whether written, electronic, or in any form regarding us, the manufacturers of the products, the Content, passwords and usernames for our website, our customers, and our finances, operations, employees, pricing, and marketing plans.

General

A party will not be responsible for a breach or failure to perform (excluding obligations to make payments) while that party is prevented from performing due to events outside its reasonable control.  Unless indicated otherwise, any notice under these Terms will be made by a reputable overnight carrier, certified mail return receipt requested, or by fax with proof of confirmation, to recipient’s last known address or fax number, as the case may be.  Notice will be effective on delivery.  Any provision of these Terms found to be invalid by a court of competent jurisdiction, will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.  These Terms will be governed by the internal laws of the State of Illinois without regard to its rules concerning conflicts of law and any dispute arising these Terms will be heard exclusively in the state or federal courts located in Cook County, Illinois.  Section headings are for convenience and will not affect interpretation.  Waiver in one or more instances does not waive subsequent strict performance.

Revised 12-27-10