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AGREEMENT

 By accepting any goods or services offered by Health Designs International, Inc. ("Company"), or by continuing through this order form, or by clicking the "accept" button below, you are agreeing to the terms and conditions of this "Agreement". BE SURE THAT YOU READ EACH AND EVERY TERM AND CONDITION SET FORTH WITHIN THIS AGREEMENT. THIS IS A LEGALLY BINDING AGREEMENT ENFORCEABLE AGAINST YOU.

PROVISIONS OF AGREEMENT

You can expect to receive the goods that you ordered above within approximately 5-7 working days. This delivery date is an estimate of the approximate date of delivery. It is not a guaranty of a particular day of delivery. The Company shall not be liable for failure or delay in shipping goods hereunder if such failure or delay is due to an act of God, war, labor difficulties, accident, inability to obtain goods or the containers in which to ship the same, or any raw materials, or for any other causes of any kind whatsoever beyond the control of the Company.

  1. You agree to pay the company all monies for goods and services provided as specified. Any tax imposed by federal, state or any governmental entity on the sale of the goods or services shall be paid by you which is in addition to the quoted purchase price.
  2. THE COMPANY DOES NOT MAKE ANY WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE GOODS. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE FACE OF THIS AGREEMENT. YOU ARE ACCEPTING THE GOODS WHEREAS, AS IS AND WITH ALL FAULTS.
  3. The Company will not be liable for any consequential damages, loss or expense arising in connection with the use of the goods or the inability to use the goods for any purpose whatever. In any case, the Company’s maximum liability shall not in any case exceed the contract price for the goods or services claimed to be defective or unsuitable.
  4. YOU MUST NOTIFY THE COMPANY, IN WRITING, WITHIN 5 DAYS AFTER THE RECEIPT OF ANY GOODS OF ANY COMPLAINT WHATSOEVER THAT YOU BELIEVE THAT YOU HAVE CONCERNING THE GOODS; OTHERWISE, YOU AGREE TO WAIVE ANY CLAIM REGARDING THE SAME.
  5. The Agreement made by acceptance of the terms and conditions of this Agreement, by payment and/or by the acceptance of the goods and/or services shall be governed by and construed under the laws of the State of Indiana, U.S.A. You agree that any and all claims regarding the same must be brought in the State of Indiana, Elkhart County in the Superior or Circuit Court.
  6. Any order placed with the Company shall not result in a final agreement until it is accepted and acknowledged by a written instrument delivered to you from the Company or by the shipment of the goods from the Company to you.
  7. Payment must be tendered upon order.
  8. This Agreement constitutes all of the agreements between the Company and you. You agree that there are no provisions, agreements, contracts, promises, warranties or other terms and conditions with respect to the goods and services or any other matter of any kind or nature between the Company and you which are not specified within this agreement. This agreement constitutes the entire contract between the Company and you with respect to all matters set forth herein and all matters which could have been set forth herein regarding the goods and all matters related to the same.
  9. You shall be responsible for all shipping costs to the location to which you want the goods shipped. Should you fail to pay for the goods or any amounts owing by you to Company, or should you cancel payment on a credit card, or should charges, set offs, counter-claims, or claims be asserted by you against the Company, you shall be responsible to pay all costs, expenses and reasonable attorney’s and paralegal’s fees of the Company to the extent that the Company prevails on any issue in connection with the same, regardless of whether such attorney’s and paralegal’s fees are incurred before or after litigation is commenced or are incurred during any arbitration or mediation, including, but not limited to, all appellate fees, costs, expenses and attorney’s and paralegal’s fees thereof.
  10. The Company reserves the right to increase prices herein at any time prior to acceptance. Should prices for goods be increased, after an order has been placed by you, you shall have the right to cancel the order by sending written notice to the Company. Any such notice must arrive at the Company prior to delivering and acceptance of the goods.
  11. Payment must be made in U.S. currency. The Company reserves the right to not accept checks, instruments, or other payment unacceptable to the Company.
  12. BUYER ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY GOODS DELIVERED HEREUNDER. NO CLAIM OF ANY KIND WHETHER AS TO THE GOODS DELIVERED OR FOR NON-DELIVERY OF ANY GOODS, AND WHETHER OR NOT BASED ON NEGLIGENCE, SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE GOODS IN RESPECT OF WHICH SUCH CLAIM IS MADE.
  13. This Agreement shall be binding upon and inure to the benefit of the respective parties, along with their successors and assigns, but any assignment of this Agreement, or portions thereof, or rights or obligations hereunder, by either party, without the prior written consent of the other party shall be void. No modification of this Agreement or waiver of the terms or conditions thereof shall be binding upon the Company unless approved in writing by an authorized representative, namely the president, or shall be effected by the acknowledgment or acceptance of a purchase order form containing other or different terms or conditions whether or not signed by an authorized representative of the Company.
  14. IF YOU DO ASSERT A CLAIM WITHIN 5 DAYS OF THE RECEIPT OF THE GOODS, YOUR SOLE REMEDY SHALL BE THE REPLACEMENT THEREOF WITH THE SAME KIND OF, OR SUBSTANTIALLY SIMILAR, GOODS BY THE COMPANY, UNLESS THE COMPANY ELECTS TO CANCEL THE ORDER AND REFUND THE PROPORTIONATE PURCHASE PRICE FOR THE GOODS TO WHICH OBJECTION HAS BEEN TIMELY MADE. NO REFUND OF ANY KIND AND NO REPLACEMENT GOODS SHALL BE MADE BY THE COMPANY TO THE EXTENT THAT YOU HAVE USED OR CONSUMED ANY PORTION OF ANY OF THE GOODS ABOUT WHICH THE OBJECTION HAS BEEN MADE.
  15. All return goods shall be to the Company and all transportation charges shall be paid by you. To the extent that the Company accepts re-delivery of any goods, a restocking charge shall be assessed against you. You hereby authorize the Company to charge your credit card and you for the amounts of the same. If you have previously given your express authorization to charge on any credit card which you may have used to place your order with the Company, the Company is hereby authorized to charge the amounts owing to your credit card.
  16. No remedy of Company herein provided shall be deemed exclusive of any other remedy allowed by law.
  17. Any delinquent accounts will accrue interest at 18% per annum.

 

   

 

  

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HealthDesigns International

57340 Alpha Drive

Goshen, Indiana 46528

574.875.4653

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Terms and Conditions