ORDERS To place your order:

Ph: 303.996.8489 Fx: 720.294.1479 Email: [email protected]

Payment terms are net 30 days for credit approved customers, unless otherwise specified. A valid credit card on file is required for all customers. If check payment for invoices is not received within 5 business days of due date, card on file will be charged, plus an additional 4% processing fee.

Order Changes Any order changed after 3 business days of receipt of Purchase Order from Customer that results in a delayed ship date may incur additional costs. Any order cancelled after 3 business days will be charged a 20% cancellation charge.

SHIPPING FOB factory. Freight charges are prepaid and added to invoice.

Products ship within 1-2 weeks from the time of receipt of order from Customer. Method of transit is Most Economical Ground or best day. Within the continental US, transit time is typically 3-5 business days depending on the delivery address. Freight item’s transit times are typically 5-7 business days. Shipments to Alaska, Hawaii, Puerto Rico and Canada typically require 7-10 business days. Shipping and Handling charges will be reflected on Customer’s invoice.

Expedited delivery services are also available for an additional fee. Consult with your representative for more information on cost and availability.

Some items may ship via freight carrier. Lift Gate, Inside delivery and Trash Removal services are available for an additional fee in most areas.

Receiving a Delivery and Freight Damage DO NOT sign any Proof of Delivery, Delivery Receipt, or Bill of Lading until all packages have been thoroughly inspected for damage. It is the recipient’s responsibility to count & thoroughly inspect all packages upon receipt. MERCHANDISE ARRIVING WITH EXTERNAL DAMAGE SHOULD BE DESCRIBED TO THE DRIVER AND NOTED ON PROOF OF DELIVERY, DELIVERY RECEIPT, OR BILL OF LADING, PRIOR TO SIGNING. In case of concealed damage, recipient must have contacted the carrier within two (2) business days of delivery to file a damage claim. IWV and IWV Distributors and Dealers are not responsible for freight damages or loss arising from the recipient failing to file a damage claim within the specified period of time.

PARTS All orders for parts require a valid credit card, a signed Purchase Agreement and payment in advance of shipment. Parts are neither returnable nor refundable. IWV is not responsible for any damage caused to equipment due to the installation of any parts. See “Exclusions”.

RETURN OF MERCHANDISE

Prior authorization and a Return Materials Authorization (RMA) Number must be obtained from IWV for the return of any product, which authorization IWV may withhold at its discretion. If a return is authorized, packaging and transportation charges are the responsibility of the original retail purchaser. All units sent back to IWV must be properly cleaned before shipping and clearly marked with RMA number and owner’s return address or they will not be accepted.

Items returned for credit are subject to a minimum charge of 20% to cover inspection, reconditioning, restocking and repackaging. Returned good must be received and undamaged. Risk of loss with respect to returned goods shall remain with original retail purchaser until receipt by IWV. No refunds will be issued, only credit on account. Full credit will be allowed for out-of-box failure or IWV error only. Returned product must be in its original, unopened packaging and received by IWV within 30 days of original purchase. Returns will incur a restocking/inspection fee according to the following schedule:

Returns that are out-of-box failures or IWV error: 0%
All other returns: 20% or more
Items returned “Opened” or “Used”: 35% or more*

*Subject to inspection and Biomedical evaluation. IWV reserves the right to establish a restocking fee greater than 35%, based upon the cosmetic and operational condition of the item and the condition/absence of any and all accessories and the associated cost to recondition the product back to original manufacturer’s specifications for resale.

EZ Ship Program For one low price, we’ll ship to you a custom box with custom packaging specifically for the equipment being transported. We’ll include a complete return shipping label. Simply place your equipment in the box/container, seal/close the box/container and call us. IWV will schedule a pick-up with our carrier. Insurance for full replacement value in the case of loss or damage is included the EZ ship price.

LIMITED WARRANTY

SCOPE OF LIMITED WARRANTY IWV warrants to the original retail purchaser that it will repair or replace components of the animal health products manufactured by IWV (except for products and components not warranted under “EXCLUSIONS”) that are defective in material or workmanship under normal use and service. The sole remedy under this limited warranty is the repair or replacement, at IWV’s option, of the applicable products or components. This limited warranty shall only apply to defects that: (i) are reported to IWV within the applicable warranty period; and (ii) are determined to exist upon examination by IWV. All IWV products must be installed by a pre-authorized IWV installer in order to obtain the benefits of the limited warranty. Check with IWV prior to installation for verification. The Scope of Warranty applies as follows:

EVA Vet Select II Digital Dental Sensors are warranted against defect in material and workmanship for a period of 24 months from the time of delivery. Within this period, the manufacturer will repair or replace free of charge, at its sole discretion, all parts that are defective because of material or workmanship including costs for removing or installing parts. Repairs are made on an FOB repair depot basis.

Image-Vet ISDC and FleXX intraoral X-Rays are warranted against defect in material and workmanship for a period of 24 and 12 months, respectively, from the time of delivery. Within this period, the manufacturer will provide replacement parts that are defective because of material or workmanship. Labor is not covered. Field repairs defined as any work performed outside IWV service center, must be explicitly pre-authorized by IWV. Parts will be repaired or replaced under warranty only if deemed by IWV to be a manufacturer’s defect. IWV will cover labor within the first 30 days from time of delivery if part is deemed by IWV to be a manufacturer’s defect. Customer is responsible for the return and shipping costs of defective items to IWV for warranty exchange. If defective items are not received by IWV within 10 business days of the installation of the replacement part(s), the retail purchaser will be invoiced for the full cost of the replacement part(s). For the FleXX intraoral X-Ray, repairs are made on an FOB repair depot basis.

Warranty is void if work is done by anyone other than an IWV certified/authorized installer.
All costs associated with the installation of a new Image-Vet ISDC x-ray system are the sole responsibility of the original retail purchaser.
All costs associated with the de-installation, removal and disposal of old systems are the sole responsibility of the end user/customer.</code></pre>

APPLICABLE WARRANTY PERIOD The applicable warranty period for each IWV product commences on the date of shipment from IWV unless registered upon receipt by retail purchaser at www.imageworksveterinary.com and shall continue for the period specified as follows.

EVA Vet Select II Digital Dental Sensors – 24 Month Limited Warranty (US and Canada)
Image-Vet ISDC Intraoral X-Rays – 24 Month Limited Warranty (US and Canada)
ImageVet FleXX Intraoral X-Rays – 12 Month Limited Warranty (US)

All products must be registered within 30 days of receipt in order to obtain the benefits of this limited warranty. Product registration is available online at: http://www.imageworksveterinary.com/productregistration

OBTAINING WARRANTY SERVICE Warranty service must be obtained through IWV. IWV may be contacted for warranty service inquiries via phone at 800.929.4413 or email at [email protected].

It is the retail purchaser’s obligation to arrange for delivery of a product to IWV for warranty service, which delivery shall be at the retail purchaser’s expense. It is also the retail purchaser’s obligation to comply with the warranty service instructions provided either by IWV or its authorized dealer. The retailer purchaser must provide IWV with completed warranty registration information within thirty (30) days after purchase in order to obtain the benefits of this limited warranty.

EXCLUSIONS This warranty does not cover and IWV shall not be liable for the following:

Repairs and replacements required because of misuse, abuse, negligence, alteration, accident, freight damage, tampering Failure to seek and obtain repair or replacement within five (5) days from start of warranty issue X-rays not installed by a pre-authorized installer Service or repair by any party other than IWV for EVA Vet sensors and Image-Vet intraoral x-rays Matching of color or texture except to commercially acceptable standards Changes in color caused by natural or artificial light Products which are not installed, used, and properly cleaned as required in the IWV Operations Manual and Installation Instructions Manual applicable for the product Products considered to be of a consumable nature such as armor and surge suppression products Accessories or parts not manufactured by IWV Specially manufactured products Damage caused by animals Charges by anyone (including IWV’s authorized dealers) for adjustments, repairs, replacement parts, installation, or other work performed upon or in connection with such products which is not expressly authorized in writing in advance by IWV Costs and expenses of routine maintenance and cleaning Representations and warranties made by any person or entity other than IWV With respect to software that is a product or a component thereof, that the software will be error free, can be used without problems or interruptions, or will be free from vulnerability to intrusion or attack by viruses or other method Technical support of PC’s, laptops, software, internal user networks, etc. unrelated to EVA Vet and/or acquisition software produced by IWV such as ViewAll or ProImage EVA Vet sensors installed on Mac OS X systems

EXCLUSIVE REMEDY; CONSEQUENTIAL DAMAGES DISCLAIMER IWV’s only obligation under this warranty is the repair or replacement of defective parts. IWV shall not be liable for any direct, special, indirect, incidental, exemplary or consequential damages or delay including, but not limited to, damages for loss of profits or loss of use, downtime, cover, and employee or independent contractor wages, payments, and benefits. This disclaimer shall survive any failure or asserted failure of the essential purpose of this limited warranty or its remedies specified herein.

NO AUTHORIZATION No person or firm is authorized to create for IWV any other obligation or liability in connection with the products.

WARRANTY DISCLAIMER

THIS WARRANTY IS IWV’S ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESED OR IMPLIED. IWV MAKES NO IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS.

STATUTE OF LIMITATIONS No action may be brought against IWV for breach of this limited warranty, an implied warranty, if any, or for any other claim arising out of or relating to the products, more than ninety (90) days following expiration of the warranty period. In the event multiple warranty periods exist with respect to a product, the ninety (90) day period provided for herein shall begin to run from expiration of the warranty period for the component to which the claim relates.

SEVERABILTY In the event any provision of this limited warranty is determined to be invalid or otherwise unenforceable: (i) the provision shall be enforced in a manner that closest holds to its intent, while at the same time curing the invalidity or unenforceability, and (ii) the balance of this limited warranty, being severable, shall not be affected in the event the provision that is invalid or unenforceable cannot be enforced in any respect.

GOVERNING LAW; VENUE; WAIVER OF JURY TRIAL This Warranty and the transactions contemplated hereby, and all related disputes between the parties under or relating to this Agreement, whether in contract, tort or otherwise, shall be governed by the laws of the State of Colorado, without reference to conflict of laws principles, and any related legal actions must be brought in the court of appropriate jurisdiction in the State of Colorado, which shall have exclusive jurisdiction (except that either of us may bring an action for an injunction or similar equitable relief against the other in any proper jurisdiction). You hereby waive any claim of lack of jurisdiction or inconvenient forum. YOU AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION BY OR AGAINST US IN SUCH LEGAL ACTIONS. You further waive any claims against IWV for direct, multiple, punitive or exemplary damages in any legal actions relating to this Agreement. The prevailing party in any such legal action shall be entitled to an award of its reasonable legal fees and costs.

LIMITATION OF LIABILITY We are not liable for failure to perform under this Agreement due to circumstances beyond our reasonable control. UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFIT OR USE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE OR MULTIPLE DAMAGES, INCLUDINGWITHOUT LIMITATION FOR LOSS OF GOODWILL, DATA OR EQUIPMENT OR FOR BUSINESS INTERRUPTION, ARISING OUT OF THE MANUFACTURE, SALE, SUPPLY OR USE OF OUR PRODUCTS OR SERVICES OR FAILURE OR DELAY IN DELIVERING SUCH PRODUCTS OR SERVICES,WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR THEY WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. OUR ENTIRE LIABILITY FOR A PRODUCT OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SUCH PRODUCT OR SERVICE.

Some jurisdictions do not allow the exclusion or limitation of special, incidental, consequential, indirect, exemplary, punitive or multiple damages or the limitation of liability to the actual price paid for the product or service, so the above limitations may not apply to you. Our limited warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

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