Terms of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase from the GI Management Group entity named on the invoice ("BetterBowel.com") that will be provided to you ("Customer") on orders for products sold in the United States. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH GI Management Group IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER GI Management Group STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in GI Management Group, Inc.'s sole discretion.
1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and GI Management Group, Inc.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within GI Management Group's sole discretion, and unless otherwise agreed to by GI Management Group, Inc., payment must be received by GI Management Group prior to GI Management Group's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by GI Management Group. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. GI Management Group may invoice parts of an order separately. Orders are not binding upon GI Management Group, Inc. until accepted by GI Management Group. Any quotations given by GI Management Group, Inc. will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on GI Management Group's invoice(s). Unless Customer provides GI Management Group. with a valid and correct tax exemption certificate applicable to the product ship-to location prior to GI Management Group's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for GI Management Group's franchise taxes and taxes on GI Management Group's net income. If applicable, a separate charge for taxes will be shown on GI Management Group's invoice.
5. Title; Risk of Loss. Title to products passes from GI Management Group to Customer on shipment from GI Management Group's facility. Loss or damage that occurs during shipping by a carrier selected by GI Management Group. is GI Management Group's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
6. Warranties, Disclaimers. GI Management Group DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms contained elsewhere in this site.
7. Return Policies. GI Management Group products that are purchased directly from GI Management Group by an end-user Customer may be returned by Customer.
8. Products. GI Management Group's policy is one of on-going product update and revision. GI Management Group may revise and discontinue products at any time. GI Management Group reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
9. Limitation of Liability. GI Management Group DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. GI Management Group WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
10. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. GI Management Group has separate terms and conditions governing resales.
11. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
12. Acceptance. By ordering any product from GI Management Group, whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms" contained elsewhere in the GI Management Group site.