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Diagnostic Imaging

Standard Terms and Conditions of Sale

All sales are made subject to the following terms and conditions (“Sale”). Avante Health Solution, LLC (“Avante”) acceptance of any purchase order is expressly conditional upon Customer’s assent to these terms and conditions.

1. Customer accepts the prices and terms of payment stated for the Product or Products that is the subject of this transaction. All deliveries are F.O.B. Avante Destination, freight prepaid or freight collect to destination. If shipped freight prepaid, the charge for freight will be added to the invoice. All taxes of any kind levied by a Federal, State, Municipal or other governmental authority which Avante is required to collect or pay with respect to the sale or shipment of the equipment sold hereunder shall be the responsibility of customer. Customer agrees to pay all such applicable taxes and further agrees to reimburse Avante for any such payments made by Avante. If Customer is a tax-exempt entity, Customer will provide appropriate documentation to Avante. Overdue payments may be subject to interest at 1.5% per month (or the maximum allowed by law), plus collection costs.


2. Exchange/Core Charge Policy: Core exchanges (“Exchanges”) must be returned to Avante within 14 business days of delivery if not installed by an Avante engineer and must be like for like only. Exchanges that have been opened, attempted to be repaired, altered, tampered with, or did not fail under normal use will not be accepted. Avante reserves the right to charge the listed core charge (“Core Charge”) if the item is not received within the 14 business day period. If the exchange is received between 15 and 30 days of delivery, 50% of the Core Charge may be billed. If the exchange has not been received within 30 days, Avante reserves the right to charge the OEM outright list price plus 10% as an additional billing. The Core Charge for exchanges is defined as an additional billing equal to the OEM list price for that part PLUS 10%. Core Charge invoices received for non-returned exchange/core charges are NET 5 from the invoice date.


3. Return Policy: Customer shall inspect all parts upon delivery and notify Avante immediately of any defect. Warranty claims will be handled as provided in paragraph 4 below. Non-warranty returns must be received by Avante Health Solutions within 5 business days from the shipment date. Avante reserves the right to charge a restocking fee of up to 25% to all returned items. No credit will be granted for any Products returned without a valid return material authorization number (RMA#) that can be received by contacting di.support@avantehs.com.


4. Warranty Claims: To file a claim, contact Avante during the warranty period with product details, a description of the issue, and any supporting documents. A completed Return Authorization is required for returns. Customer is responsible for shipping costs. Avante administers warranty claims on behalf of the manufacturer but does not provide its own warranty.


5. Parts Limited Warranty: Avante passes through the manufacturer’s limited warranty to the Customer (“Warranty”). Avante makes no independent warranties and does not warrant the Products. If a warranty period is specified in the sales order, it will begin from the date of delivery; if no period is specified in the sales order, the warranty period shall default to ninety (90) days from the date of delivery. Product will be free from defects in material and workmanship and will meet the manufacturers’ written technical specifications at the time of sale for that Product. If Avante is notified of any material defects within the applicable Warranty period, Avante may, at its sole option, process the claim with the manufacturer, replace the Product, or issue a credit towards the Product sale. Warranty applies only to the original purchaser unless expressly authorized by the manufacturer. Warranty is not transferable to any other party and does not extend to any Product which has been (a) subject to misuse, neglect, accident, fire, lightning or other casualty, (b) installed, repaired or altered by anyone other than Avante or its authorized representatives, or (c) moved from its original location or no longer owned or used by the Customer.


6. LIMITATION OF LIABILITY: WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. CUSTOMER’S EXCLUSIVE REMEDY UNDER THE MANUFACTURER’S LIMITED WARRANTY, ADMINISTERED BY AVANTE, AND AVANTE’S SOLE OBLIGATION, FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO AVANTE REPLACING THE DEFECTIVE PRODUCT, OR AT AVANTE’S OPTION, CREDITING THE PRORATED PURCHASE PRICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVANTE HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE PRODUCT SOLD HEREUNDER, NOR SHALL AVANTE HAVE ANY LIABILITY FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THIS LIMITATION OF LIABILITY INCLUDES ANY CLAIMS RELATED TO INTELLECTUAL PROPERTY, INFRINGEMENT, OR OTHER MATTERS NOT EXPRESSLY COVERED UNDER THE MANUFACTURER’S LIMITED WARRANTY.


7. Shipping and Delivery: Standard delivery times for any parts order is next business day after receipt of signed order, PO and all necessary paperwork. Delivery dates are approximate. Avante shall not be responsible for delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of Customer, strikes or other labor disturbances, inability to obtain fuel, materials, or parts, delays in transportation, repairs to the equipment, fires or accidents. Partial shipments are allowed if any items on an order are backordered. Avante reserves the right to invoice for the items that are shipped and will backorder items that did not ship. Partial payments for invoiced items are not allowed unless approved by both parties in writing before the equipment is shipped to Customer. All Invoices, including those for partial shipments, are due from the Invoice date and Payment shall not be withheld for shipped items notwithstanding that other items are backordered.


8. Chronos X-Ray Tube Product-Specific Terms:
   
   • Market Restriction: Customer agrees all Chronos manufactured products are intended for use, resale, or distribution solely within the United States. Exporting, directly or indirectly, any Product or part thereof to any location outside of the United States is strictly prohibited. This restriction includes resale to third parties. Violation of this provision may result in termination of Customer’s right to purchase Chronos manufactured products, and may be subject to legal action, including but not limited to claims for damages or injunction relief.
   • Warranty: The Warranty against defects in manufacturing materials and workmanship is provided by Chronos to the Customer. Avante assumes no responsibility or liability for the Warranty granted by Chronos to the Customer. Avante will facilitate Warranty claims with Chronos on behalf of the Customer and Chronos has sole responsibility for Warranty coverage.
9. Risk of Loss: Risk of loss or damage to the equipment in transit shall be borne by Avante and claims shall be made directly with the carrier unless the Customer has made its own shipping arrangements.


10. Indemnification: Customer shall indemnify and hold Avante harmless from and against any and all costs, fees, expenses, liabilities and claims (including, without limitation Avante reasonable attorneys’ fees and costs) incurred by or asserted against Avante arising out of or related to this Agreement not caused by the negligence of Avante. Avante shall indemnify and hold Customer harmless from and against any and all costs, fees, expenses, liabilities and claims (including, without limitation, Customer’s reasonable attorneys’ fees and costs) incurred by or asserted against Customer arising out of or related to this agreement not caused by the negligence of the customer.


11. Force Majeure: Avante shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including acts of God, labor disputes, supply shortages, transportation delays, or governmental actions
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12. Governing Law: This Sale and its enforcement shall be governed by, and construed in accordance with, the laws of the State of North Carolina. Customer, acting for itself and its successors and assigns, hereby expressly and irrevocably consents to the exclusive jurisdiction of the state and federal courts of Charlotte or Mecklenburg County, North Carolina for any litigation or arbitration award which may arise out of or be related to this Agreement. Customer waives any objection based on forum non convenience or any objection to venue of any such action.


13. Conflicting Terms: These Standard Terms of Sale, together with any applicable invoice, quote, or acknowledgment issued by Avante, constitute the entire agreement between the parties with respect to the sale of goods or services, and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No modification or waiver of these terms shall be binding unless made in writing and signed by an authorized representative of Avante. Any terms or conditions contained in Customer’s purchase order or other documents that add to, differ from, or conflict with these terms shall be deemed rejected and of no force or effect, unless expressly accepted by Avante in writing. Customer's acceptance of goods or services from Avante shall constitute acceptance of these terms and conditions, regardless of whether Customer has signed or otherwise acknowledged them. Avante’s acceptance of any purchase order is expressly conditional upon Customer’s agreement to these terms. Clerical or typographical errors, including but not limited to pricing or mathematical mistakes, are subject to correction.