InfantEar™ Molding System - Standard Kit

RETURN POLICY

1. All returns are subject to the prior authorization of TalexMedical, in its discretion, Buyer must notify Customer Support at 888.EAR.2221 or www.InfantEar.com and complete a Return Request Form. The Return Request Form requires lot numbers, quantities, invoice number, and packing slip information along with a specific reason for return. Customer support will either authorize or deny the request. Only items appearing on the approved Return document are acceptable for return. Product returns will only be accepted from the original purchaser. Product returns will not be accepted from third party return companies. Unauthorized returns will be destroyed, and no credit issued. All return goods must be shipped freight prepaid to TalexMedical location indicated on the Return document, except TalexMedical will pay the freight costs on product shipped in error.

2. All products returned within 30 days of delivery are subject to a 25% restocking charge, except for products shipped in error. Products returned after 30 days are considered excess stock and will be eligible for a 50% credit. No products will be accepted for return after 90 days from the date of delivery.

3. Subject to point 2 above, credit will be issued at the net purchase price for all authorized returns provided:

a. Product has at least 3 months of shelf life remaining

b. Proper authorization has been obtained prior to return of products

c. Products are in their original packaging

d. Product are current inventory items

e. The products have been shipped and billed to Buyer by TalexMedical and Buyer has paid for said Products

4. Certain products are not eligible for return. These are:

a. Products that have been deteriorated because of improper storage, handling, abuse or other factors

b. Products that have been opened, partly used or which the labels or seals have been removed or tampered

c. Broken, damaged or opened cartons. Resealed cartons are not eligible for return

d. Sets over a year old

Expiration Date. The expiration date is shown as month, date and year e.g. 123117. Credits for returned goods are conditional upon TalexMedical’s inspection and approval of such goods upon their return. If TalexMedical determines in its discretion, that any returned goods are not eligible for return due to any of the reasons provided in paragraph 4 above, Buyer will not receive a credit even if a Return Document was issued. No advance credits will be accepted.

 

 

TERMS AND CONDITIONS of PURCHASES

The following terms and conditions apply to purchases of TalexMedical, LLC. products. Any purchase order form sent by a purchaser (“Buyer”) shall be for Buyer’s convenience only, and any terms or conditions contained in such purchase order form, which are inconsistent with the following, and any additional terms and conditions shall be of no effect and shall be deemed deleted.

Payment. Net 30 days, subject to credit approval. Past due accounts will be charged 1.5% per month after 60 days, on the unpaid balance. Payment shall be in United States dollars and shall be deemed made when immediately available Funds are received in TalexMedical’s bank account. Payment by American Express, Visa or MasterCard credit cards is acceptable.

Credit. Acceptance of an order is subject to approval of credit. TalexMedical may modify or withdraw credit at any time for any reason or withhold further deliveries until satisfactory cash or credit arrangements have been established.

Prices. Prices include shipping if normal ground or 2-day air. Overnight shipping of product is at the buyer’s expense. The prices for products are set forth in the applicable TalexMedical price list. All prices are exclusive of all sales, use, or other taxes, customs duties, import taxes and other changes, all of which shall be paid by Buyer. Buyer is responsible for obtaining at its expense any import or other license or governmental approval to purchase the products. TalexMedical shall separately invoice Buyer for all such charges paid on behalf of Buyer by TalexMedical.

Shipment. TalexMedical will use good faith efforts to ship on the dates quoted. TalexMedical shall not be liable for any damage or loss caused by any failure or delay in filling an order due to strikes or other labor troubles, natural disasters, delays in delivery of parts or merchandise by TalexMedical suppliers or other cause beyond the reasonable control of TalexMedical. Shipments are normally shipped via UPS 2nd day. Buyer may request via another carrier or on an expedited basis. Buyer shall promptly upon delivery inspect all products and shall notify TalexMedical of any wrong or short shipments within ten (10) days after delivery. Risk of damage or loss of the products passes on delivery of the products to the carrier, and claims for damages or losses in shipment should be made to the carrier.

Returns.

1. All returns are subject to the prior authorization of TalexMedical, in its discretion, Buyer must notify Customer Support at 888.EAR.2221 or www.InfantEar.comand complete a Return Request Form. The Return Request Form requires lot numbers, quantities, invoice number, and packing slip information along with a specific reason for return. Customer support will either authorize or deny the request. Only items appearing on the approved Return document are acceptable for return. Product returns will only be accepted from the original purchaser. Product returns will not be accepted from third party return companies. Unauthorized returns will be destroyed, and no credit issued. All return goods must be shipped freight prepaid to TalexMedical location indicated on the Return document, except TalexMedical will pay the freight costs on product shipped in error.

2. All products returned within 30 days of delivery are subject to a 25% restocking charge, except for products shipped in error. Products returned after 30 days are considered excess stock and will be eligible for a 50% credit. No products will be accepted for return after 90 days from the date of delivery.

3. Subject to point 2 above, credit will be issued at the net purchase price for all authorized returns provided:

a. Product has at least 3 months of shelf life remaining

b. Proper authorization has been obtained prior to return of products

c. Products are in their original packaging

d. Product are current inventory items

e. The products have been shipped and billed to Buyer by TalexMedical and Buyer has paid for said Products

4. Certain products are not eligible for return. These are:

a. Products that have been deteriorated because of improper storage, handling, abuse or other factors

b. Products that have been opened, partly used or which the labels or seals have been removed or tampered

c. Broken, damaged or opened cartons. Resealed cartons are not eligible for return

d. Sets over a year old

Expiration Date. The expiration date is shown as month, date and year e.g. 123117. Credits for returned goods are conditional upon TalexMedical’s inspection and approval of such goods upon their return. If TalexMedical determines in its discretion, that any returned goods are not eligible for return due to any of the reasons provided in paragraph 4 above, Buyer will not receive a credit even if a Return Document was issued. No advance credits will be accepted.

Warranty.TalexMedical warrants to the original purchaser that at time of delivery, each standard product manufactured by TalexMedical shall be free of defects in material and workmanship and when used for the purpose and indications described on the labeling, is fit for the purposes and indications described on the labeling. All warranties for a product shall expire as of the product expiration date. TalexMedical ‘s warranty hereunder shall not apply if the product is not used in accordance with its instructions or if it is used for a purpose not indicated on the labeling. Any repairs, alterations or other work that have been performed by Buyer or others on such item, other than work performed with TalexMedical’s authorization and according to its approved procedures or if the alleged defect is the result of abuse, misuse, improper maintenance, accident or the negligence of any party other than TalexMedical. The warranty set forth herein is conditioned on proper storage, use, installation and maintenance in accordance with the applicable written recommendations of TalexMedical. The warranty furnished hereunder does not extend to damage of items purchased hereunder resulting in whole or in part from the use of components, accessories, parts or supplies not furnished by TalexMedical.

Product Evaluation. Default evaluation period unless otherwise agreed upon in writing is 60 Days. Product will be billed at quoted prices if not returned within the agreed upon evaluation period. Customer is responsible for the condition. Returned product which has been used and/or altered or damaged will be billed to the customer.

Vigilance. Buyer agrees to notify TalexMedical promptly of any complaints or incidents relating to the products and provide such details as are requested by Tale Medical.

Records. Buyer agrees to keep complete and accurate records of all products used by Buyer and in the event of a recall of any of the products to cooperate fully with TalexMedical to affect the recall, including contacting its customers and communicating such information as TalexMedical requests.

Attorney’s Fees. Buyer agrees to pay TalexMedical reasonable costs, expenses and attorney’s fees incurred by TalexMedical in enforcing Buyer’s obligations or TalexMedical’s rights hereunder, including collecting any money due from Buyer or successfully defending against any claim made by Buyer.

Relationship. Buyer and TalexMedical are independent contractors with respect to each other, and neither party is the agent or employee of the other or has any authority to make representations on the others’ behalf or bind it in any way. Absent of an express written agreement Buyer and TalexMedical, acceptance of a purchase order by TalexMedical and the shipment of products thereunder shall not create an obligation on the part of TalexMedical to accept additional purchase orders for products.

Arbitration. The parties will use their best efforts to amicably settle any dispute regarding this Agreement. Failing such amicable settlement, all disputes, claims and controversies between the parties arising under or regarding this Agreement or the making, performance or interpretation thereof will be settled by arbitration. The arbitration proceedings will be conducted in the English language in Pennsylvania under the arbitration rules of the American Arbitration Association; to the extent such rules are not inconsistent with the provisions of this arbitration provision. The arbitrator will have the right to award injunctive relief or other specific performance of this Agreement. The decision of the arbitrator will be in writing and final and binding on all parties, and may include any remedy (including injunctive relief) contemplated by this Agreement Judgment upon the award of the arbitrator may be entered in any count having jurisdiction thereof.

Governing Law. The laws of the United States and the State of Pennsylvania will govern the purchase and

Sale of products by TalexMedical, LLC to Buyer.

 

 

PRIVACY POLICY

TalexMedical, LLC Privacy Policy

Last updated (February 26, 2018)

TalexMedical, LLC operates http://www.infantears.com. This page informs you of our policies regarding the collection, use and disclosures of Personal Information we receive from users of the Site.

We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

Information Collection and Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify. Personally identifiable information may include but is not limited to your name and medical license number.

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site.

This Log Data may include information such as your computer’s internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spend on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this information.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information with regard to our products and purchases.

Cookies

Cookies are files with a small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

Security

The security of your Personal Information is important to us but remember that no method of transmission over the internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Changes to This Policy

This Privacy Policy is effective as of January 1, 2018 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to updates or changes in our Privacy Policy at any time and you should check this Private Policy periodically. Your continued use of the Se