Purchase Agreement

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To make a purchase with us, please sign and return this document. You may scan and email it back to us, or fax it to our 888 number: 1.888.521.9803

PREFACE

This Agreement is entered into this the ____ day of 20___, by and between EEG Store, and ______________________________( hereinafter “you”).

REFUNDS

With certain conditions and exceptions, you may return equipment for refund within thirty (30) calendar days of when you receive it, based on delivery confirmation.

  1. Conditions. These conditions apply to refunds:

    1. The items to be returned were sold individually -- that is, they were not sold as parts of a package or system; or the entire package or system is being returned;
    2. The items to be returned are delivered to EEG Store within one week (or earlier) after the end of the 30-day period -- that is they must be in EEG Store's possession within 37 calendar days of the date they were originally delivered;
    3. The items are in new, resalable condition, in the original packaging;
    4. The items are in excellent, working order;
    5. You will request and get a Return Merchandise Authorization (RMA) code from us to send with your item(s).
    6. The items will be packaged securely, insured, and shipped to EEG Store by you; you are responsible to pay packing, shipping and insurance costs.
    7. EEG Store will not refund original shipping charges, nor a restocking fee of 15%.
    8. For items not eligible for refund, as outlined below, all sales are final.
  2. Exceptions. These exceptions apply to refunds:
    1. Ten-20 paste and NuPrep paste are not eligible for <refund;
    2. Electrodes are not eligible for refund
    3. Used equipment is not eligible for refund
  3. Processing. Once the returned refundable items are in the possession of EEG Store -- subject to the conditions and exceptions described above -- the refund will be processed within fourteen (14) calendar days.

INTERNATIONAL

If you are located outside the US, you are responsible for all taxes, tariffs, duties, and fees that must be paid to effect international financial transactions.
  • INSTALLATION ISSUES

    Where the purchase will require installation by you, especially for software-only and self-install bundles, you assume total responsibility for the installation process. You understand that EEG Store warrants the general functionality of items, but not for specific hardware or in unconventional configurations.

  • HEALTHCARE PROVIDER WAIVER OF LIABILITY

    1. Qualifications of Buyer. You warrant that you are qualified to use the items; in particular, you warrant that:

      1. You and/or those you assign have been (or are in the process of being) adequately trained in the proper operation of the equipment.
      2. You and/or those you assign are supervised by a professional healthcare board, or by a clinician themselves so supervised.
    2. Indemnification of EEG Store. You assume full liability and responsibility for use of the items. You agree to their proper use and operation. To the greatest extent possible under applicable law, you do fully indemnify, hold harmless and defend EEG Store and its directors, officers, employees, partners, consultants, agents, stockholders, family, assigns and Affiliates (collectively, "EEG Store") from and against all claims, actions, suits, demands, liabilities, obligations, charges, damages, losses, settlements, judgments, fines, penalties, costs and expenses (including without limitation reasonable attorney‘s fees and costs), whether or not involving a third party claim, which arise out of, relate to or result from (a) death, losses or damage, financial or otherwise, sustained as a result of this purchase, other involvement, or other transaction with EEG Store; (b) use of items purchased from EEG Store; (c) any breach of any representation, guarantee, policy, or warranty of EEG Store; or (d) any breach of any covenant or other obligation or duty of EEG Store under this Agreement or under applicable law.
    3. Settlement cap. In such case where waiver of claims and liabilities and indemnification may be found to be invalid or otherwise unenforceable, you agree that the amount recoverable shall not exceed the purchase price.

    DISPUTES

    Communication, mediation, and arbitration.

    1. Resolution. Disputes arising out of or related to this Agreement shall be resolved in accordance with this provision.
    2. Communication. In the case of a dispute, parties will attempt to resolve such disputes through open communication and dialogue. To this end, if a party has a concern about an actual or possible dispute, and there is not otherwise a reason to immediately give a Notice of Dispute, the concerned party will informally notify -- in writing -- the other party of the nature of the dispute and explore the possibility of reaching an agreeable resolution, prior to initiating a Notice of Dispute.
    3. Notice of Dispute. If the parties cannot resolve the matter by informal dialogue or there is a reason to give notice immediately, either party may give written Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.
    4. Mediation. After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Gainesville, Florida.
    5. Arbitration. If the dispute has not been resolved by mediation within thirty (30) calendar days after Notice of Dispute, or the parties are unable to agree to a mediator, within seven (7) days after Notice of Dispute, then, the dispute shall be resolved by binding arbitration in accordance with Rule 1.830 of the Florida Rules of Civil Procedure, and judgment upon the award rendered by the arbitrator may be enforced in any court of competent jurisdiction. The arbitrator shall be bound by and follow the Florida Rules of Civil Procedure. The arbitrator shall render a decision within ten (10) business days of the arbitration hearing. Arbitration shall be conducted in Gainesville, Florida.
    6. Costs. In the event of arbitration, mediation or if a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation reasonable attorney fees at the trial level and on appeal.

    ALTERATION & TERM OF PURCHASE AGREEMENT

    This Agreement may be altered or terminated only by mutual written consent of Buyer and EEG Store.

    SCOPE OF PURCHASE AGREEMENT

    1. Coverage. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
    2. Severability. If any clause, provision, part, or parts of this Agreement shall be deemed void, invalid, or unenforceable, remaining portions of the Agreement will remain binding, in full force and effect.
    3. Legality. This Agreement shall be governed by and shall be construed in accordance with the laws of the State of Florida.
    4. Entirety. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties.

    v. 24.January.2015