Terms and Conditions
Atos sells the products listed herein (“Products”) and represents it has the title to these Products that it offers for sale free and clear of any liens or encumbrances. Title to the Products purchased by you will transfer upon receipt of payment.
Price and Payment
All prices are exclusive of any applicable taxes, duties, shipping, and handling charges, which shall be borne by you. Payment terms are net 30 days, from the date of the first statement, FOB New Berlin, WI. Check, Money Order, bank draft from your account, Visa, MC, American Express and Discover are accepted.
Payment plans may be available. Insurance coverage, payment, co-payments, deductibles and some restrictions apply depending on the individual’s insurance policy and medical need.
Delivery
Delivery dates are estimates only and are not guaranteed.
Indemnification
Each party will indemnify, hold harmless and defend the non-indemnifying party, its directors, officers, and employees from and against all third party claims, actions, suits, proceeding, costs, including reasonable attorney’s fees, arising out of or resulting in bodily injury, death, or property damage to the extent caused by the indemnifying party’s negligence or willful misconduct in performing its obligations hereunder.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SALE OF PRODUCTS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM.
Governing Law And Venue
Our relation will be governed by and construed in accordance with the laws of the State of Minnesota.
For a full list of terms and conditions, please see the Patient Services Booklet.