Terms of service
1.GENERAL STATEMENT. These General Terms and Conditions shall apply to the Invoice to which they are attached
and be incorporated in the Invoice to which the Customer shall be bound. “WeFixDMD” or ”Equipcare Rx” shall mean Equipcare RX, LLC the supplier or seller of goods, supplies, parts, equipment or services to be provided to the “Customer” which shall mean the party which is accepting this Invoice by receipt of goods or services.
2. MODIFICATIONS. The Invoice or these General Terms and conditions shall not be changed or modified unless made
in writing and signed by Equipcare Rx and the Customer.
3. TERMINATION AND RETURNS. Any service to be provided by Equipcare RX to the Customer under the invoice shall not
be cancelled, terminated or delayed by the Customer unless the Customer provides Equipcare RX with at least 24 hours prior written notice which may be by e-mail or text messages. Any supplies, parts and/or equipment to be provided by Equipcare RX to the Customer under the Invoice shall not be cancelled, terminated or delayed by the Customer unless the Customer provides Equipcare RX with at least 72 hours prior writing notice which may be by e-mail or text messages and subject to a restocking charge by Equipcare RX to the Customer equal to 20% of the supplies, parts and/or equipment ordered by the Customer by the Invoice.
4. DELIVERY. The delivery of any services, supplies, parts or equipment to the Customer by Equipcare RX shall be scheduled for such delivery at least two days prior to delivery. Title to the supplies, parts and equipment provided for delivery under the Invoice shall not pass from Equipcare RX to the Customer until such are delivered to the Customer and the Customer has made full payment including sales and excise taxes for such supplies, parts and equipment so ordered in accordance with the Invoice. Customer shall deemed to have accepted the services, supplies, parts and equipment provided for under the Invoice unless rejected by the Customer as nonconforming to the Invoice and these General Terms and Conditions within 24 hours after delivery.
5. QUALITY STANDARDS OF SERVICE, SUPPLIES, PARTS OR EQUIPMENT. All services to be performed by
Equipcare RX to the Customer shall be performed in a workmanlike manner consistent with industry standards. Unless otherwise specified in the Work Order and subject to this provision, Equipcare RX makes no representations or warranties, express or implied regarding services, supplies, part or equipment rendered or delivered and sold to the Customer beyond 90 days for service call labor and 6 months on handpieces and small equipment unless specified in the work order.
6. LIQUIDATED DAMAGES. It is acknowledged and agreed that any damages incurred by Customer as a result of any
alleged defect in services, supplied, parts or equipment shall be difficult to calculate and ascertain. As a result thereof, any monetary damages for any such defect not otherwise remedied by Equipcare RX shall be limited to the refund of any cost or price of such services, supplies, parts or equipment to the extent actually paid by the Customer to Equipcare RX which shall be deemed to be “liquidated Damages” and Customer shall have no other claim for consequential or special damages other than the “Liquidated Damages” as provided for herein.
7. ASSIGNMENT. The Customer shall assign the rights and benefits provided to the Customer under the Invoice without
the prior written consent of Equipcare RX in its sole and exclusive discretion.
8. GOVERNING LAW AND VENUE. This Agreement shall be governed and interpreted under the laws of the State of New
Jersey without regard to its rules on conflicts of laws and both parties hereby consent to the exclusive jurisdiction of the courts of the State of New Jersey and agree that the venue for the for the purpose of resolving any dispute arising under this Agreement shall be the County of Essex, New Jersey.
9. ENTIRE AGREEMENT. This Invoice and these General terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter herein and superseded all prior negotiations, understandings and agreements, whether written or oral.
10. INCORPORATION INTO INVOICE. These General Terms and Conditions are hereby incorporated into the
Invoice to which they are attached and are legally binding on Equipcare RX and the Customer.
and be incorporated in the Invoice to which the Customer shall be bound. “WeFixDMD” or ”Equipcare Rx” shall mean Equipcare RX, LLC the supplier or seller of goods, supplies, parts, equipment or services to be provided to the “Customer” which shall mean the party which is accepting this Invoice by receipt of goods or services.
2. MODIFICATIONS. The Invoice or these General Terms and conditions shall not be changed or modified unless made
in writing and signed by Equipcare Rx and the Customer.
3. TERMINATION AND RETURNS. Any service to be provided by Equipcare RX to the Customer under the invoice shall not
be cancelled, terminated or delayed by the Customer unless the Customer provides Equipcare RX with at least 24 hours prior written notice which may be by e-mail or text messages. Any supplies, parts and/or equipment to be provided by Equipcare RX to the Customer under the Invoice shall not be cancelled, terminated or delayed by the Customer unless the Customer provides Equipcare RX with at least 72 hours prior writing notice which may be by e-mail or text messages and subject to a restocking charge by Equipcare RX to the Customer equal to 20% of the supplies, parts and/or equipment ordered by the Customer by the Invoice.
4. DELIVERY. The delivery of any services, supplies, parts or equipment to the Customer by Equipcare RX shall be scheduled for such delivery at least two days prior to delivery. Title to the supplies, parts and equipment provided for delivery under the Invoice shall not pass from Equipcare RX to the Customer until such are delivered to the Customer and the Customer has made full payment including sales and excise taxes for such supplies, parts and equipment so ordered in accordance with the Invoice. Customer shall deemed to have accepted the services, supplies, parts and equipment provided for under the Invoice unless rejected by the Customer as nonconforming to the Invoice and these General Terms and Conditions within 24 hours after delivery.
5. QUALITY STANDARDS OF SERVICE, SUPPLIES, PARTS OR EQUIPMENT. All services to be performed by
Equipcare RX to the Customer shall be performed in a workmanlike manner consistent with industry standards. Unless otherwise specified in the Work Order and subject to this provision, Equipcare RX makes no representations or warranties, express or implied regarding services, supplies, part or equipment rendered or delivered and sold to the Customer beyond 90 days for service call labor and 6 months on handpieces and small equipment unless specified in the work order.
6. LIQUIDATED DAMAGES. It is acknowledged and agreed that any damages incurred by Customer as a result of any
alleged defect in services, supplied, parts or equipment shall be difficult to calculate and ascertain. As a result thereof, any monetary damages for any such defect not otherwise remedied by Equipcare RX shall be limited to the refund of any cost or price of such services, supplies, parts or equipment to the extent actually paid by the Customer to Equipcare RX which shall be deemed to be “liquidated Damages” and Customer shall have no other claim for consequential or special damages other than the “Liquidated Damages” as provided for herein.
7. ASSIGNMENT. The Customer shall assign the rights and benefits provided to the Customer under the Invoice without
the prior written consent of Equipcare RX in its sole and exclusive discretion.
8. GOVERNING LAW AND VENUE. This Agreement shall be governed and interpreted under the laws of the State of New
Jersey without regard to its rules on conflicts of laws and both parties hereby consent to the exclusive jurisdiction of the courts of the State of New Jersey and agree that the venue for the for the purpose of resolving any dispute arising under this Agreement shall be the County of Essex, New Jersey.
9. ENTIRE AGREEMENT. This Invoice and these General terms and Conditions constitute the entire agreement
between the parties with respect to the subject matter herein and superseded all prior negotiations, understandings and agreements, whether written or oral.
10. INCORPORATION INTO INVOICE. These General Terms and Conditions are hereby incorporated into the
Invoice to which they are attached and are legally binding on Equipcare RX and the Customer.