TERMS AND CONDITIONS – HEALTHCARE EQUIPMENT:

Quote Valid:  Thirty (30) calendar days, unless otherwise specified. This period may be extended upon confirmation.

PO Information: Consolidated Sterilizer Systems, 3 Enterprise Road, Suite C, Billerica, MA, 01821, USA. Send via email to sales@consteril.com or fax to 617.787.5865.

Remittance: Consolidated Sterilizer Systems, 3 Enterprise Road, Suite C, Billerica, MA, 01821, USA. To wire the funds, or to send your payment electronically, please contact accountsreceivable@consteril.com.

Delivery: Each sterilizer order is custom built to your specific facility and application requirements.  Delivery time will be confirmed upon purchase order acceptance.   Orders will be shipped via common carrier unless otherwise stipulated.   Delivery delayed beyond agreed shipping date will necessitate a prorated price increase of one and one-half percent (1½%) for each month delay for storage fees.

Payment Terms: 30% with order, balance due net 30 days from date of shipment without regard to installation status.  Without credit approval the balance will be due prior to shipment. A service charge of one and one-half percent (1½%) per month will be imposed on all invoices not paid within thirty (30) days.

Remittance: Financing is available through CIT Bank with flexible terms (12-72 months). Apply online and receive eligibility within minutes.

Pricing and Taxes: Equipment pricing is Ex-Works Factory (Consolidated Sterilizer Systems, 3 Enterprise Road, Suite C, Billerica, Massachusetts 01821, USA).  Excludes all international, U.S. Federal, State, City, or Local Manufacturers Sales, Use, Excise or Other Taxes.

Freight: Prepaid and added to the invoice, unless sent collect. Prices included herein are FOB point of manufacture. Transportation and insurance charges, if required, to be prepaid by Consolidated Sterilizer Systems (hereinafter referred to as CSS), will be invoiced as quoted to the Customer. Claims for shortages in shipment shall be deemed waived unless made in writing to CSS within ten (10) days from date of invoice.

Warranty:  CSS warrants only that goods manufactured by CSS shall be free from faults in workmanship and materials when said equipment is used in a normal manner for the purpose for which it was supplied; provided, however, that this warranty shall be limited to manufacturing defects and defective parts, excluding consumables, found to be defective within a period of one (1) year from the date of installation or 15 months from the date of shipment, whichever occurs first and ten (10) years on the sterilizer-chamber and/or steam generator pressure vessel.

Warranty is contingent upon the customer following manufacturer’s recommendations for installation, proper use, and preventative maintenance by CSS authorized service group.

The sole and exclusive remedy of the Customer for any liability of CSS of any kind, including (a) warranty, express or implied whether contained in the terms and conditions hereof or in any terms additional or supplemental hereto, (b) contract, (c) negligence, (d) tort, or (e) otherwise, is limited to the repair or replacement, FOB point of manufacture, by CSS of those goods which an examination reveals to be defective during the warranty period, or at CSS’s option to refund to Customer the money paid to CSS for such goods. Customer and CSS may mutually agree to acceptance of the goods to be designated ‘as is’ with an agreed upon reduction in price. Before CSS undertakes any obligation to remedy defects, the Customer must give CSS written notice of its claim and return the defective goods after receipt of shipping instructions from CSS to return such goods. Customer will ship the goods to CSS, freight prepaid, and CSS will return the goods to Customer, freight collect. All goods returned for repair or replacement pursuant to this section are to be packaged in accordance with the instructions received.

In no event, shall CSS incur any obligation to repair or replace goods which are determined by CSS to be defective due to customer misuse, or due to use not in accordance with specified operating conditions, and operating and maintenance instructions. CSS retains the option to witness the operation of the goods to verify operating conditions. CSS shall not incur any obligation hereunder with respect to goods, which are repaired or modified in any way by the Customer without CSS’s prior written approval. Installation by the Customer during regular intervals of normal maintenance of parts supplied by CSS shall not constitute such modification.

EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, CSS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE GOODS, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. This warranty shall be for the benefit of the Customer only and not for the benefit of any other person.
CONFIDENTIAL INFORMATION. The information, drawings, plans, and specifications being furnished by CSS have been developed at CSS’s expense and shall not be used or disclosed by Customer for any purpose other than to install, operate, and maintain the goods supplied hereunder.

Deliveries. The delivery date(s) quoted are based on CSS’s best estimate of a realistic time when delivery to the carrier will be made, and are subject to confirmation at time of acceptance of any resulting order. CSS reserves the right to make either early shipment or partial shipments and invoice Customer accordingly.

Excusable Delays. CSS shall not be liable for loss, damages, detention, or delays resulting from causes beyond its reasonable control or caused by but not limited to strikes, restrictions of the United State Government, or other governments having jurisdiction, delays in transportation, unusually severe weather, war, act of public emergency, fire, acts of God, inability to obtain necessary labor, materials, or manufacturing facilities, or any other cause reasonable beyond its control, whether similar or dissimilar to those listed.

Infringements. The Customer shall indemnify and hold CSS harmless (and defend) against any expense or loss or other damage resulting from infringement of patents or trademarks arising from CSS compliance with any designs, specifications, or instructions of the Customer. In addition, all license fees and royalties are the exclusive responsibility and liability of Customer.

Cancellation and Restocking Fee:  Cancellation of any order must be by written notice to CSS and will be subject to cancellation charges, which will include all expenses incurred by CSS and a reasonable profit on the sale.

If Customer orders the wrong items, it may NOT be returned to CSS unless the following conditions have been met:

  • CSS has authorized the return of the material, and has issued a Return Material Authorization number;
  • the item is unused and undamaged;
  • the item is returned with all freight costs paid for by Customer; and Customer agrees to pay the applicable restocking fee.

Cancellation is subject to a fee of ten percent (10%) of the purchase order after receipt of PO, thirty-five percent (35%) after approved drawings or submittal package, and up to ninety percent (90%) after fabrication has begun.

Title:  Risk of loss and/or damage shall pass to the Customer upon delivery of the goods to the F.O.B. point. Title shall pass to the Customer upon receipt of final payment by CSS.

Installation and Service:  Installation pricing assumes all utilities must be in accordance with sterilizer rough-in drawings/specifications provided by CSS and accessible within five (5) linear feet of the unit.  If installation is not performed by a CSS authorized rep, the cost of “equipment start-up and training”, by an authorized CSS rep, may be added to the invoice.  Customer must engage authorized CSS rep to perform final sign-off and activate warranty.

The Customer will be responsible for obtaining all permits, fees, licenses, etc. necessary for installing and operating any system or equipment supplied by CSS.

Field service will be provided on a per diem basis upon written authorization by the Customer and will be at the rates in effect at the time such services are provided unless otherwise agreed to in writing. Field service at the job site to diagnose equipment problems will be provided on a per diem basis at the then current rates.

LAWS, CODES, AND STANDARDS. Except as expressly stated herein, the price and schedule included herein are based on United States laws, codes, and standards in effect as of the date of this order. Should such laws, codes, and standards change and increase or decrease the cost of performing the work or impact the schedule, CSS will advise Customer of such. Customer and CSS shall mutually agree to any modification to the order resulting from such change.

CONSEQUENTIAL DAMAGES/LIMIT OF LIABILITY. CSS SHALL NOT IN ANY CASE WHATSOEVER BE LIABLE FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND. In no case shall CSS’s liability exceed the amount paid to CSS by the Customer for the specific goods giving rise to such liability less a reasonable depreciation allowance for the period of use of those goods. Customer agrees to indemnify and hold CSS harmless from and against all liabilities, claims, and demands of third parties of any kind relating to the goods and their use arising after shipment of the goods.

Except for any liquidated damages specifically provided for in this agreement, in no event shall CSS be liable for indirect, special, incidental or consequential damages including but not limited to loss of profits or revenue, loss of data, loss of use of equipment or facilities, or costs for replacement steam or power.

Modification: No modification or waiver of any part of this agreement shall be valid unless it is in writing and signed by an authorized representative of the Customer and CSS.

ASSIGNMENT. This agreement may not be transferred or assigned by operation of law or otherwise, without the prior express written consent of CSS. Any transfer or assignment of any rights, duties, or obligations hereunder without such consent shall be void.

EXPORT SALES. No provision of this agreement shall be construed to require CSS to export or deliver any technical information, data, and/or equipment if such export or delivery is then prohibited or restricted by any law or regulation of the U.S. Government.

INSURANCE. Upon the request by Customer, CSS will provide a Certificate of Insurance evidencing the following types of insurance: workers’ compensation, comprehensive general liability, comprehensive auto liability and physical damage.

GOVERNING LAW. All matters involving the validity, interpretation and application to this agreement shall be controlled by the laws of the Commonwealth of Massachusetts, United States of America.

BONDING. Except as expressly stated herein prices stated in this proposal do not include any payment bonds, performance bonds or warranty/maintenance bonds. CSS can provide these or other types of bonds if required at the Customer’s expense. Pricing for bonding can be provided at the customer’s request.

HEADINGS. The headings used throughout are for convenience only and shall be disregarded for the purpose of construing and enforcing this agreement.

ENTIRE AGREEMENT. Customer by acceptance of CSS’s offer does acknowledge and agree to the terms and conditions contained herein. Only representations, promises, conditions, or understandings subsequently reduced to writing and signed by an authorized representative of each party shall be binding upon either party.