Terms of service
1. SCOPE OF AGREEMENT
The following Terms of Sale (“Sales Terms”) apply to all business dealings and agreements between Livre Holdings LLC DBA Admar Neuro and its customers (“Customers”) relating to the purchase of equipment (“Equipment”) and products used with the Equipment (“Products”).
Any Customer who places an order with Admar Neuro shall be deemed to have accepted these Sales Terms prior to order. Unless otherwise agreed to in writing by Admar Neuro management, terms proposed by Customers or sales team in any written or oral communication between the parties shall not apply. All modifications, amendments or deletions to these Sales Terms must be agreed to in writing.
2. PAYMENT TERMS
Unless otherwise agreed to in writing, payment shall be made upon receipt of invoice. Invoices outstanding for over 30 days are subject to a 5% per month late payment fee.
Shipment is FOB Destination, and shipping charges will be billed to the Customer. Freight costs vary depending on the content and method of shipment.
Quoted prices do not include additional fees such as export, customs duties, tariffs, special packaging, transportation, insurance, and taxes. Customer is responsible for paying these amounts, including sales, use, gross receipts, excise, value-added, or similar taxes imposed by governmental authorities.
3. ORDERS
Customers within the United States can purchase Products through Admar Neuro’s online store, www.admarneuro.com (“Online Orders”). Payment for Online Orders must be made by credit card unless a Business Account has been established with approved credit.
International customers must place orders through sales@admarneuro.com to account for international shipping costs and customs requirements.
Certain Products may not be available for online purchase and must be ordered via phone. Special Order Products require a 50% deposit at the time of order, and delivery times may vary.
Taxes, fees, or charges imposed by governmental authorities will be calculated and added at checkout for online orders. The Customer is responsible for paying these additional amounts.
A minimum purchase of $50 is required for all Product orders.
Customers may check the status of their orders by contacting Admar Neuro during business hours.
Admar Neuro reserves the right to modify its Equipment or Product offerings, including specifications, availability, pricing, and shipping charges or methods, at any time.
4. CANCELLATIONSIf a purchase is canceled after shipment, a 30% restocking fee will apply.
5. RETURNS AND REFUNDS
All sales of refurbished Equipment are final.
Opened sterile-packaged Products and any custom or special order Products are final.
Admar Neuro will accept returns of new Equipment and Products under the following conditions:
a. Approval is obtained from Admar Neuro management prior to the return of the Equipment or Product;
b. The return is made within 10 days of receipt; and
c. The Product is returned unopened and undamaged in its original packaging.
Shipping charges will not be credited on returned items unless an exception below applies.
Customer shall bear the risk of loss and be responsible for returned Products.
Customer is eligible for a refund, including shipping charges, in the following cases:
a. Equipment or Product was shipped in error;
b. Product was delivered after expiration; or
c. Equipment or Product was improperly labeled or packaged by Admar Neuro.
6. RISK OF LOSS
Risk of loss passes to the Customer when the Equipment and Products are delivered.
7. WARRANTY
Admar Neuro warrants new Equipment and certain refurbished Equipment for a period 90 days from the date of shipment. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURCHASE.
The warranty does not cover Equipment that has been damaged, abused, misused, or modified without authorization. Specific exclusions include ultrasound probes, stimulators, amplifiers, and cables damaged by dropping, excessive bending, or crush forces.
Customer must notify Admar Neuro of any defects and provide details within two (2) days of discovery and no later than five (5) days of delivery. Admar Neuro will, at its discretion, repair or replace defective Equipment.
The warranty applies only to the original purchaser and cannot be transferred.
8. USE
Unless otherwise agreed in writing, all Equipment and Products sold by Admar Neuro are intended for use by commercial customers, operated by trained personnel. Customer confirms that the purchase is for business use only.The sale of this item may be subject to regulation by the U.S. Food and Drug Administration and state and local regulatory agencies.
9. INDEMNIFICATION
Customer agrees to indemnify Admar Neuro from any claims arising out of the use of Equipment, including liability for personal injury, property damage, or loss of life.
10. LIMITATION OF LIABILITY
Customer’s sole remedy is limited to the repair or replacement of defective parts as described in these Sales Terms. Admar Neuro will not be liable for direct or consequential damages, including loss of income, time, or sales.
11. SECURITY INTEREST
If the full purchase price is not paid at the time of contracting, the Customer grants Admar Neuro a security interest in the Equipment described in the Quote, including all parts, accessories, and improvements. This security interest serves as collateral until the outstanding balance is paid in full.
12. CUSTOMER OBLIGATIONS
The Customer agrees to maintain the Equipment in good working order and condition.
Customer has no right to sell, lease, transfer, or otherwise dispose of the Equipment while it remains subject to Admar Neuro’s security interest.
13. DEFAULT, CREDIT REPORTING AND REMEDIES
Failure to meet the agreed-upon payment schedule or to otherwise comply with these Sales Terms constitutes a default. In the event of default:
a. b. c. Admar Neuro may declare the total outstanding balance immediately due and payable.
Admar Neuro reserves the right to repossess any Equipment subject to its security interest.
Admar Neuro may report the default to credit reporting agencies which may impact the Customer’s credit score.
d. Admar Neuro may retake possession of the Equipment and pursue all legal remedies available under the Uniform Commercial Code.
Credit Bureau Reporting Notification: Customer acknowledges and agrees that by entering into this agreement, they authorize Admar Neuro to submit their payment performance to credit reporting agencies as required by law, including but not limited to the reporting of any default, late payment, or delinquency and any resolution or satisfaction of such.
14. LEGAL FEES
In the event of a legal dispute, the prevailing party is entitled to recover attorney’s fees and related costs.
15. TIME LIMIT FOR LEGAL ACTIONS Customer must commence any legal action related to these Sales Terms within one year from the date the cause of action arises, or the claim will be barred.
16. SEVERABILITY
If any provision of these Sales Terms is held invalid or unenforceable, the remaining provisions will remain in full effect.
17. NO WAIVER
A delay and/or omission in exercising any right or remedy accruing to Admar Neuro upon any breach or default by the Customer under the Agreement shall not be construed as a waiver of any such breach or default or of a similar breach or default thereafter occurring.
18. FORCE MAJEURE
Admar Neuro shall not be liable for delays or failure to perform directly or indirectly resulting from events and causes beyond Admar Neuro’s reasonable control including but not limited to accidents, acts of God, acts and omissions of any governmental authority, declared or undeclared wars, terrorism, strikes or other labor disputes, fires and natural calamities, changes in the law, and delays in obtaining labor, materials, equipment or services through Admar Neuro’s usual sources at normal prices.
19. GOVERNING LAW AND VENUE
These Sales Terms are governed by the laws of the State of Florida and any and all disputes arising under this Agreement will be dealt with under the exclusive jurisdiction and exclusive venue of the federal or state courts located in Palm Beach County.
20. ENTIRE AGREEMENT
These Sales Terms constitute the entire agreement between Admar Neuro and the Customer. Any conflicting terms presented by the Customer will be considered a proposal and will not become part of this agreement unless expressly accepted in writing by Admar Neuro.
