Terms of service

TERMS AND CONDITIONS OF SALE

Acceptance and Agreement

All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon buyer’s assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative of seller. Any additional or different terms, additions, or exceptions proposed by buyer (whether in a purchase order, other printed form or elsewhere) are objected to and hereby rejected, unless such terms, additions, or exceptions are approved specifically by seller in writing. No course of prior dealings or usage of trade shall be relevant to supplement or explain any term used herein. Any clerical errors by seller are subject to correction.

Website Purchase

Your website purchase information is kept safe under all circumstances. We never share your purchase information with any third party.

Payment using Purchase Order. Terms of sale are net thirty (30) days from the date of invoice, unless otherwise stated. Unpaid balances over thirty (30) days will be subject to a 1.5% monthly service charge. Buyer’s obligations to pay Seller are absolute and are not subject to any factor, counterclaim, deduction, withholding, holdback, set-off or any other condition for any reason. Buyer specifically waives any right for any reason to withhold or set-off payments it owes to Seller hereunder, whether available at law, in equity or otherwise under the laws, rules, regulations, ordinances, decrees or orders of any governmental authority. If the financial condition of Buyer results in the insecurity of Seller, in its sole and unfettered discretion, as to the ultimate collectability of the purchase price, Seller may, without notice to Buyer, delay or postpone the delivery of the products; and Seller, at its option, is authorized to change the terms of payment to payment in full or in part in advance of shipment of the entire undelivered balance of said products. In the event of default by Buyer in the payment of the purchase price or otherwise, for any goods, Seller, at its option, without prejudice to any other lawful remedy, may defer delivery, cancel any contract for the sale of goods, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price. Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney, accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof.

Taxes and Other Charges. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer, except for taxes of Seller’s income, shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefor; or Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

Returns. Goods may not be returned except with Seller’s permission, and only in strict compliance with Seller’s return shipment instructions. Any returned items may be subject to a processing fee as determined in accordance with Seller’s policies in effect at the time of the return. Returns under 30 days have no restocking fee. 30-90 days a 25% restocking fee. Returns will not be accepted over 90 days from time of shipping.

Non-returnable items are those that are returned after more than 90 days from the date of invoice or instruments that have been used or sterilized.

Warranty

All Tullo instruments are guaranteed to be free from defects in materials and workmanship “for the life of the instrument” when used in the manner for which it was designed and intended. Any instrument found to have a manufacturing defect shall, at Tullo’s discretion, be repaired or replaced free of charge.

The warranty contained in this paragraph, as limited herein, is the only warranty extended by boss in connection with any sale by it and is extended to customer only and not to any successive buyers, users, third parties or employees and is in lieu of all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

The repair, alteration, or modification of any product by persons not authorized by Tullo and/or products subjected to physical or chemical abuse shall immediately terminate this warranty.

Warranty Exclusions

A. This warranty shall not cover conditions or defects due to customers’ improper care or use of the instruments including but not limited to customers:

1. Negligence
2. Improper use
3. Improper cleaning and handling
4. Unauthorized repair work
5. Caustic or abrasive cleaners

B. Damages due to ordinary use, wear, and tear of the Product.

Buyer’s Use of Products

Seller’s products are intended for the use set forth in product labeling and are not to be used for any other purposes. Buyer warrants to Seller that the products shall not be adulterated or misbranded within the meaning of the Federal, Food, Drug and Cosmetic Act. Buyer agrees to comply with instructions furnished by Seller relating to the use of the products and not misuse the products in any manner.

Buyer’s Representations and Indemnity

Buyer represents and warrants that it shall use all products ordered herein in accordance with the provided instruction for use. Buyer also agrees that it will satisfy its responsibilities under the Safe Harbor Regulations relating to program “fraud and abuse” promulgated under the Social Security Act and Medicare and Medicaid Patient and Program Protection Act. Buyer agrees to indemnify and hold harmless Seller, its affiliates and their respective employees, agents, successors, directors, officers, and assigns from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its directors, officers, agents, employees, successors or assigns, by Buyer’s customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other parties, arising out of, directly or indirectly, the failure by Buyer to use Seller’s products in accordance with the package labeling or the requirements of the warranty, or by reason of Buyer’s failure to perform its obligations contained herein, including without limitation, the failure of Buyer to comply with applicable law. Buyer shall notify Seller in writing within fifteen (15) days of Buyer’s receipt of knowledge of any accident, or incident involving Seller’s products which results in personal injury or damage to property, and Buyer shall fully cooperate with Seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others furnishing such information to Seller. Furnishing such information to Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.

Shipment and Delivery

We ship orders by UPS/FedEx/USPS. In most cases, orders ship out within 24-72 hours. However, this is subject to change, based on weather conditions, large order volumes, non-stock items or any circumstances beyond our control. Under these rare circumstances, please be aware that we are working to have your order shipped as soon as possible.

Tullo, LLC ◾ 22701 Hall Road, Suite 100 ◾ Macomb, MI 48042 ◾ 810-328-3762

F-0045 Rev A (ECN 24-002)