These Cancer Diagnostic, Inc. ("CDI") Terms and Conditions shall apply to all products, including quotations made and purchase orders accepted, and any other products manufactured, furnished, supplied by, or ordered from, Cancer Diagnostics, Inc. ("Products").
1. Payment . For all orders, the method and timing of payment shall be determined by CDI in its sole and absolute discretion. CDI may agree in writing that payment for standard orders is due Net 30. If CDI agrees that payment is due Net 30, full payment shall be due within thirty days of the date of the invoice or thirty (30) days from the date of receipt by customer of any of the Products ordered, whichever is earlier. CDI shall have the right to require CBD (Cash Before Delivery) from any customer at anytime for any reason or for no reason. CDI shall have the right to change payment terms from Net 30 to CBD at anytime for any reason or for no reason. Unless otherwise agreed in writing by CDI, payment for all custom orders shall be due as follows: fifty percent (50%) of the price is due when the Product is ordered by customer; the remaining fifty percent (50%) of the price is due prior to shipping the Product to customer. If any amount of the purchase price is not paid to CDI when due, customer agrees to pay interest thereon at the rate of eighteen percent (18%) per annum from the date due until paid.
2. Shipping . Unless otherwise agreed in writing by CDI, delivery shall be made F.O.B. shipping point. (CDI will prepay the freight on all shipments to customer and will add freight charges to invoice). In such event, customer is responsible for risk of loss after delivery and all claims by customer for loss or damage occurring after delivery must be brought against the carrier and not CDI. In the event CDI arranges for shipping and freight is paid by the customer, delivery shall be made F.O.B. destination. Regardless of whether delivery is F.O.B. shipping point or F.O.B. destination, CDI shall not be liable or responsible for any failure or delay in delivering Products, including any consequential, special, or incidental damages customer may suffer as a result of such delay. In the case of F.O.B. destination, CDI's liability to customer shall be limited to the liability of the carrier (contracted by CDI to ship the Product to customer) to CDI.
3. Return Policy . For standard orders, which are not caused by unsatisfactory performance, return requests must be made within 30 days of delivery. Please obtain a Return Goods Authorization number from customer service prior to the return of a product. Customer may return Products ordered; provided, however, that (1) customer pays CDI a 25% restocking fee, (2) customer pays for all shipping, and (3) any Products returned must be in their original, and except for a single box opened for inspection purposes, unopened box(es). In no event shall customer be entitled to return and CDI shall not be obligated to accept any custom ordered Products, any discontinued Products, any Products for which customer received a discount or rebate of any nature, or any Products which have been installed. In exchange for any portion of the Products properly returned by customer and accepted by CDI, customer shall be entitled to a product credit in an amount equal to the price paid (or pro rata portion thereof) of the returned and accepted Products. In no event shall CDI be responsible to provide, and customer shall not be entitled to receive, a cash refund.
5. LIMITATION OF LIABILITY . CDI SHALL HAVE NO LIABILITY UNDER ANY CIRCUMSTANCES FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF CDI, REGARDLESS OF THE BASIS OF THE CLAIM, SHALL BE LIMITED TO THE CONSIDERATION ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS WHICH GAVE RISE TO THE CLAIM. THIS LIMIT OF LIABILITY IS A MATERIAL TERM OF THIS AGREEMENT AND CDI'S AGREEMENT TO PROVIDE PRODUCTS TO CUSTOMER IS DEPENDENT UPON ITS INCLUSION.
7. Governing Law . This agreement shall be interpreted in accordance with the laws of the State of California without regard to any conflict of laws.
8. Forum Selection . Customer hereby submits to the exclusive jurisdiction of the state of California with regard to any dispute of any nature with CDI. CDI and customer agree that the Superior Court of California shall have exclusive jurisdiction to adjudicate any claim or controversy relating to the Products or these Terms and Conditions.
9. Entire Agreement . The Pro Forma Invoice, Invoice, these Terms and Conditions, and the Applicable Limited Warranty set forth all covenants, agreements, conditions, and understandings between the parties concerning the Products and there are no other such covenants, agreements, conditions, or understandings between the parties, either oral or written. This agreement is intended solely for the benefit of the parties herein and is not intended to benefit any third person or party.
10. Severability . If any term, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force and effect and shall in no way be affected, impaired or invalidated.
11. Venue . The parties acknowledge and agree that these Terms and Conditions were entered into in San Diego, California, and all payments for Products shall be made in Durham, NC or wherever CDI designates on invoice. The parties further agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the County of San Diego, State of California.
12. Time Limit for Bringing Suit . Any action arising out of or relating to the Products or these Terms and Conditions must be commenced within one (1) year after the claim arises, but in no event more than two (2) years after customer purchased the Products.
13. Waiver . The failure of either party to enforce at any time any of the provisions of these Terms and Conditions or to require at any time performance by the other party of any of such provisions, shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of these Terms and Conditions or any parts thereof, or the right of either party thereafter to enforce each and every provision.
14. No Authority to Bind . Customer has no authority and shall not hold itself out as having authority to bind CDI to any contract, term, provision, representation or warranty. Customer shall be solely responsible for any statements, representations, or warranties made by Customer or its agents, employees and representatives.
15. Modifications . These Terms and Conditions may be amended, modified, or otherwise changed by Cancer Diagnostics, Inc., in its sole and absolute discretion, at any time. Changes to these Terms and Conditions will be published on CDI's web site at www.cancerdiagnostics.com. Customer acknowledges and agrees that the Terms and Conditions published on CDI's web site on the date the Pro Forma Invoice is signed, the Order is confirmed by customer or the Products are shipped, whichever date is earlier, shall govern.
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Personal Information We Collect About You We may collect personal information (such as name, email and postal address, telephone number) from consumers, customers, job applicants, employees, contractors, vendors and other individuals through our websites or by other means (such as email, fax, postal mail or telephone). The principal ways you may provide the information and the types of information you may submit as well as the ways we may use the information, are listed below.
Product Information, Newsletters and Other Communications You may be able to sign up to receive product information, newsletters and other communications (including emails) about our company. To sign up for these, we ask you for information such as your name and postal or email address. We use the information you provide to send you the communications and information you have requested and to communicate with you about our products and services.
Careers You may be able to submit your resume and other information online to apply for a job with CDI. We use the information you submit to evaluate your qualifications for employment and to contact you regarding possible employment opportunities with CDI. You may also choose to provide information such as your gender or ethnic background. Providing this data is optional and is not required to apply for a job with CDI. This information will not be considered in evaluating candidatesí qualifications for employment with CDI.
Secure Websites for Business Purposes On our secure websites, you may be able to register to gain access to information and services related to your business relationship with CDI. To register, we may ask you for details such as your name, email address, postal address, telephone number, user id and password. We use these details to provide you with secure access to information about your business relationship with us and to facilitate your use of the websites.
Feedback You may be able to submit feedback on our websites. If you choose to give us your feedback, we may ask you for information such as your name, email address, postal address, occupation and the name of your organization. We also ask you about your experience using our website. We may use the information you provide to enhance our website.
Contact Us You may contact us with questions, requests or comments through the "Contact us” link on our website or by other means (such as email, fax, postal mail or telephone). When you do so, we may ask you for information such as your name, email address and telephone number. We use the information to respond to your questions and comments. We also may use the information you provide to evaluate the quality of our products and to communicate with you about products and services.
Vendors and Contractors If you are a vendor, customer or a distributor for CDI, we may ask you to provide information such as your contact information, tax identification number, date of birth, driver’s license or other identification number, or financial information to establish and administer your account or process payments, and for compliance with internal and legal requirements.
Other Uses of Information We may use the personal information you provide to us for the internal purposes of CDI. These purposes include administration of our websites, data analytics and compliance with our legal obligations, policies and procedures. We collect certain information by automated means when you visit our websites, such as how many users visited our sites and the pages accessed. By collecting this information, we learn how to best tailor our websites to our visitors. We collect this information through various means such as “cookies”,”web beacons” and IP addresses as explained below.
Web Beacons Certain pages on our websites contain "web beacons" (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party.
IP Addresses An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our websites, we may view and/or store the IP address of the device you use to connect to the Internet. We use this information to determine the general physical location of the device and understand from what regions of the world our website visitors come. We also may use this information to enhance our websites.
Links to Other Sites Our websites and communications may provide links to other websites for your convenience and information. These websites may operate independently from CDI. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not part of CDI, we are not responsible for their content, any use of the sites, or the privacy practices of the sites.
Access and Correction CDI will provide you with reasonable access to personal information you provide to us and the ability to review and correct it, as required by law. To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID for websites or asking you to confirm your provided information, before granting you access to your information.
Safe Harbor Laws related to personal information vary by country. For example, personal information collected in the European Economic Area is subject to laws based on the European Union Data Protection Directive. CDI complies with the Safe Harbor privacy framework as set forth by the U.S. Department of Commerce regarding the collection, storage, transfer, use and other processing of personal data transferred to the United States from the European Economic Area and Switzerland (collectively, “EEA”) and relating to consumers, customers,employees (including job applicants and current or former employees), contractors, vendors and other relevant individuals.
Your Choices To update your preferences or information we have about you, or to ask us to remove your information from our mailing lists, please contact us as indicated below.
Cancer Diagnostics, Inc.
4300 Emperor Blvd. #400
Durham, NC 27703
©Copyright 2018, Cancer Diagnostics, Inc. All Rights Reserved