Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site and purchase of goods and/or services from this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
ATTENTION GOVERNMENT AND TAX EXEMPT CUSTOMERS: Schiller America Inc is required to collect sales and use tax on orders shipped to Florida and Texas addresses. If you are a government entity and/or you are exempt from paying sales tax in these two states, please Contact Us.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Schiller America Inc. The collective work includes works that are licensed to Schiller America Inc. Copyright 1987-2011, Schiller America Inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Schiller America Inc or purchasing Schiller America Inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Schiller America Inc or to purchase Schiller America Inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Schiller America Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Schiller America Inc used in the site are trademarks or registered trademarks of Schiller America Inc, unless stated otherwise.
In the event that a Schiller America Inc product is mistakenly listed at an incorrect price, Schiller America Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Schiller America Inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Schiller America Inc shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Schiller America Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Schiller America Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Schiller America Inc.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Schiller America Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Schiller America Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Schiller America Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Schiller America Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Schiller America Inc in its sole discretion.
In an attempt to provide increased value to our visitors, Schiller America Inc may link to sites operated by third parties. However, even if the third party is affiliated with Schiller America Inc, Schiller America Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Schiller America Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Schiller America Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms of Sale
General: Schiller America, Inc (“Seller”) offers for sale to the buyer identified on the cover page of the applicable order or invoice related hereto (“Buyer”) the products listed on the face of said order or invoice on the express condition that Buyer agrees to accept and be bound exclusively by the terms and conditions set forth herein. Seller will not be bound by and specifically objects to any term, condition, or other provision, which is different from or in addition to the terms and conditions herein proffered by Buyer in any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Seller specifically agrees to such provision in a written instrument signed by Seller and Buyer.
Acceptance: Seller will deliver to Buyer, and Buyer will accept and pay for, all Products ordered by Buyer pursuant to an order which has been accepted by Seller. All orders are subject to acceptance by Seller, either in writing or by shipping Products. Seller may accept any order in whole or in part and Seller’s shipment of less than all products ordered will constitute acceptance only as to those Products shipped.
Firm Order: Buyer may not modify, rescind or cancel any Product order, in whole or in part without Seller’s written consent. In the event of any cancellation, with or without Seller’s consent, Buyer will pay Seller a cancellation fee determined in accordance with Seller’s standard cancellation policy then in effect, or, if Seller does not then have such a policy, twenty-five percent (25%) of the amount otherwise payable under the Agreement for the cancelled Products. Special order items are non-refundable under any circumstances.
Prices: Unless specified otherwise, the prices, charges and other amount payable by Buyer for the Products will be as specified by Seller in its then current standard price list in effect at the time of shipping. All prices are subject to adjustment on account of specifications, quantities, shipping arrangements or other terms or conditions which are not part of Seller’s original price quotation.
Taxes and Other Charges: Prices for the Products are exclusive of all excise, sales, use, transfer and other taxes and duties imposed by any federal, state, municipal or other governmental authority with respect to the sale, purchase, manufacture, delivery, storage, processing, use, consumption or transportation of any Products covered hereby, all of which taxes and duties must be paid by Buyer.
Terms of Payment: Seller will issue invoices for all amounts payable under this Agreement. Buyer will pay the amount set forth in Seller’s invoice within thirty (30) days from the date of such invoice. Any amount not paid within such thirty (30) day period will be subject to a finance charge equal to 1.5% per month or the highest rate allowable by applicable law, whichever is higher, determined and compounded daily from the date due until the date paid, together with all costs and expenses (including without limitation reasonable attorney fees, disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller’s rights hereunder.
Delivery: The Products will be shipped to the destination specified by Buyer, F.O.B. Seller’s facility in Doral, Florida. Unless otherwise mutually agreed by the parties, Seller will select the carrier for shipment of the Products, but in no instance will Seller be deemed to assume any liability in connection with such shipment nor will the carrier be deemed to be the agent of Seller. Seller reserves the right to stop delivery of products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. Seller will use reasonable efforts to meet any delivery date specified in the orders, but will not be liable for any failure to meet such dates. Buyer is responsible for all transportation costs (including but not limited to shipping charges, premiums for freight insurance, inspection fees, customs, duties, import or export fees, assessments and all other costs incurred in transporting the Products to the shipping destination) and will be responsible for any claims against the carrier arising from or relating
Limited Warranty and Remedy: Seller provides the following Limited Warranty: Schiller America, Inc. (“Schiller America”) and Schiller AG warrant each instrument or other equipment manufactured by Schiller A.G. (the “Product”) to be free from defects in material and workmanship. This warranty runs in favor of the original purchaser of the Product (the “Purchaser”) from either Schiller America or its authorized distributor, collectively (the “Seller”). This warranty does not apply to any Product originally sold to and /or used by an authorized dealer as demonstration product. Liability under this warranty covers repair, or at Schiller America’s or Schiller AG’s option, replacement of any Product returned from the Purchaser located within the forty-eight (48) Continental United States, prepaid to the factory or to a designated service facility, in each instance as prescribed by Schiller America and/or Schiller AG. The term of the warranty for each product is specified as follows:
|AT-10 Plus, AT-101, AT-102 and AT-102 Plus||3 Years|
|AT-2 Light, AT-2 Plus, MS-2010 and MS-2015||3 Years|
|Tranquility II ||18 Months|
|AT-1, SP-1 and AT-2 ||1 Year|
|SP-150, SP-250 and SP-20||1 Year|
|MT-101 Holter Recorder and hard lock key||1 Year|
|Maglife, Ergo-Spiro Power Cube Gas Analyzer||1 Year|
|AT-104, CS-200 Ergo-Spiro||1 Year|
|BR-102 and BP-200 Plus Blood Pressure Units||1 Year|
|Treadmills and Ergometers||1 Year|
|Refurbished Equipment||Varies (Refer to Invoice)|
|Rechargeable batteries||3 Months|
This warranty is effective for the period specified for the particular product from the initial date it leaves the Seller’s facility against the original order of the Purchaser. This warranty covers parts and labor costs for the first year and parts only for each consecutive year when, upon examination by Schiller America and/or Schiller AG, the Product is determined by Schiller America and/or Schiller AG, to be in fact defective and in need of repair or replacement. This warranty does not cover repairs or replacement necessitated by any damage to the Product caused by mishandling, Purchaser modification or misuse, incorporation into the Product of parts and accessories not supplied by Schiller America or Schiller AG, or failure of the Purchaser to follow the published operating instructions. In order to implement the provisions of warranty repair, the Purchaser must first notify Seller in writing concerning suspected defects and then, if so instructed, ship the instrument to the designated facility, correctly packaged in an appropriate shipping container, for examination and servicing. For most products, Preventive maintenance and Service Contracts are available which provide overall continuing parts and labor coverage after the expiration of the original warranty term. The purchaser must complete and send to Schiller America, a warranty return card and proof of purchase, or present proof of purchase at the time any warranty claim is presented, in order to claim the benefits of this warranty.
ADDITIONAL LIMITATIONS AND EXCLUSIONS
THIS WARRANTY SETS FORTH THE ONLY WARRANTIES OF SCHILLER AMERICA AND SCHILLER
AG CONCERNING THE PRODUCTS AND SCHILLER AMERICA/SCHILLER AG MAKE NO OTHER
WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SCHILLER AMERICA’S OR SCHILLER AG’S LIABILITY ARISING OUT OF THE SALE OR SUPPLYING OF THE PRODUCTS OR THEIR DISPOSITION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID BY THE PURCHASER FOR THE PRODUCTS. IN NO EVENT SHALL SCHILLER AMERICA OR SCHILLER AG BE LIABLE TO ANY PERSON OR ENTITIY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES) ARISING OUT OF THE SALE OR SUPPLYING OF THE PRODUCTS, EVEN IF SCHILLER AMERICA AND/OR SCHILLER AG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THIS WARRANTY ONLY APPLIES TO SCHILLER PRODUCTS AND/OR ACCESSORIES SOLD BY SCHILLER-AUTHORIZED DEALERS AND DISTRIBUTORS AND IS NOT EXTENDED AND SHALL BE AUTOMATICALLY NULL AND VOID AS TO PRODUCTS AND/OR ACCESSORIES THAT ARE NOT SOLD BY SUCH PREVIOUSLY-AUTHORIZED DEALERS AND/OR DISTRIBUTORS.
Returned Goods Policy: Returned merchandise, whether for service, repair or credit, will not be accepted without prior authorization and unless accompanied by a Return Merchandise Authorization (“RMA”) number, which must clearly be displayed on the outside of package. Please contact customer service for an RMA form and instructions. All products must be returned freight prepaid and insured to Seller. Merchandise returned freight collect or without a valid RMA will be refused by Seller and will be returned to Buyer at Buyers expense. Merchandise returned for credit shall be unused and in a resellable condition, in its original packaging and include all accompanying materials including, but not limited to all accessories, user manuals, software program disks, cables, paper and other items that were packaged with the original product. All credits will be issued based on the original net purchase price at the time of invoicing and subject at Seller’s discretion to a 25% restocking fee. Additional fees may apply for items that are returned damaged, used and/or missing accessories.
Title: Subject to the provisions of the Security Interest referenced below, and to Seller’s right to stop delivery of Products in transit, title to the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier, provided however, that title to any software or other licensed property incorporated within or forming a part of the Products shall al all times remain with Seller or the licensor(s) thereof, as the case may be. Any claims for damage to, or loss of, or mis-delivery of, the Products, will be filed directly with the carrier by Buyer.
Excused Performance: Manufacturer will not be responsible for or be considered to be in breach of or default under this Agreement on account of any cause or event beyond Manufacturer’s reasonable control ( including, but not limited to Manufacturer’s inability after due and timely diligence to procure materials, parts, equipment, or services).
Software: Seller or the licensor(s) thereof retains title to all software, computer programs and other software furnished with any Product. Buyer will use such software only in accordance with applicable instructions and manuals furnished by Seller and will not copy, modify, make any derivative work based upon, publish or distribute any such software.
Intellectual Property Rights: The Products involve valuable patent, copyright, trademark, trade secret and other intellectual property right of Seller or its affiliated companies. Seller reserves all such rights on its own behalf and its affiliated companies. No title to or ownership of any intellectual property rights related to any Product is transferred to Buyer pursuant to this Agreement. Buyer will not attempt to reverse engineer any Product or component thereof (including any software) or to otherwise misappropriate, circumvent or violate any of Seller, or its affiliated companys’ intellectual property rights.
Non-waiver: Any failure by Manufacturer to insist upon or enforce performance by Customer of any of the provisions of this Agreement or to exercise any right or remedy under this Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of Manufacturer’s right to assert or rely upon any such provision, right or remedy in that or any instance.
Security Interest: Seller reserves and Buyer grants to Seller a security interest in all Products sold and all proceeds thereof to secure the full payment and performance by Buyer of its obligations and liabilities to Seller. Buyer acknowledges that this document or copies of this document may be filed with the appropriate authorities as a financing statement and agrees to execute and deliver such other documents as Seller may request in order to evidence or perfect such security interest.
Assignment: This Agreement will inure to the benefit of and be binding upon the parties and their respective successors, assigns and legal representatives.
Applicable Law: These Terms and Conditions shall be governed by, construed, enforced and regulated under and in accordance with the laws of the State of Florida. Venue and exclusive jurisdiction for any legal action authorized hereunder shall be in the appropriate federal or state court located in Orlando, Florida.
Amendment: No amendment, modification, or waiver of this Agreement will be valid unless set forth in
a written instrument signed by the party to be bound.