Terms and Conditions | Precise-Byte

Bri-Mar Dental LLC – Standard Terms and Conditions of Sale

These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Bri-Mar LLC. (“Seller”) as well as by third party vendors and/or service providers of Seller if applicable. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Seller’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

By using and interacting with the Seller’s website, consuming content on this site or, placing an order with the Seller. through the Precise-Byte site or our online store (at https://www.precise-byte.com) you are accepting these Terms & Conditions. Please read these Terms & Conditions before placing using the site or an order.

In these Terms & Conditions

“We” and “us” means Bri-Mar Dental LLC.

“You” means the person placing an order.

“The contract is agreed” – by completing and submitting an electronic order form, you are making an offer to purchase products which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that the contract is formed.

Seller may designate certain Products and Services as non-cancelable, non- returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement or NCNR Letter, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

By using the website to consume content or buy products online, you confirm that you are at least 18 years old, and are consenting to these terms and conditions and to our privacy policy.

This website and all content contained within it is protected by copyright and no portion of it may be used without express written permission from Bri-Mar Dental LLC.

Comments

Our website and other platforms allow comments on specific information or “posts”, but all comments will be monitored and will be displayed at the sole discretion of Bri-Mar Dental LLC.

Ordering

By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Please note that products will not be sent (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.

Certain steps must be followed for a contract to be formed, as described below.

After you have placed your order:

You will receive an email to acknowledge your order. It will confirm which products you have ordered, but it may not constitute an acceptance of your order. You may be directed to a third-party site to complete your order. We do not have to accept your order, and for example, we will not accept your order if: We do not have the products in stock; Your payment is not authorized; There is an error on our website regarding the price or other details of the products; You have canceled your order; We reserve the right to refuse any order.

Returns

Only products originally shipped from Seller or from an authorized supplier will be considered for return to Seller. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a Bri-Mar Dental LLC sales representative via a Return Material Authorization (RMA).

Exchanges

Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from Seller that have been used or altered and any items that have been sold as NC/NR will not be accepted for exchange.

Non-Cancelable and Non-Returnable Items

Products listed as NC/NR status (Non-cancelable and Non-Returnable) are identified on the Cart Page for web orders and via Order Acknowledgement for all other orders.

Return Freight / Restocking Fee

Seller reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Customer refund. Seller does not refund the original shipping and handling. Customer is responsible for all return freight charges. Bri-Mar Dental LLC does not accept COD shipments.

Refunds

Upon receipt and inspection of returned item(s), Seller will advise of the refund status. In the case of factory warranty or failure analysis, Seller will issue any applicable credit pending confirmation of failure. Seller initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.

How to Return an Item

1. Contact a Bri-Mar Dental LLC sales representative within 30 days of ship date of item(s) by emailing info@precise-byte.com.

2. Bri-Mar Dental LLC will issue a Return Material Authorization

(RMA) number. Once the RMA number is received, item must be returned within 14 days. Seller will provide the Customer with specific instructions on where to mail / return item(s) with the RMA number.

3. Include the assigned RMA in the return package stating the reason for the return and the original receipt.

Pricing and payment

Prices throughout the website are quoted in U.S. dollars, and payment can only be accepted in U. S. Dollars. Packing and delivery costs, if any, will be added to the total price of your purchase.

While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.

The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed.

Your payment card will be debited for your order at the time the order is placed. By submitting an online order with Bri-Mar Dental LLC. through the Precise-Byte website, you expressly agree not to request a ‘charge back’ of any fees or payments for said orders, and that no dispute with Bri-Mar Dental LLC will be raised with or adjudicated by the credit card company. Rather, you agree to contact Bri-Mar Dental LLC directly to resolve the issue or obtain a refund pursuant to the product warranty.

Where an offer mentions that an item is reduced in price, eg: half-price, the discount will be calculated at checkout before any postage or packaging charges are applied.

Delivery information

Please see individual product sales pages for information about delivery and shipping charges, where applicable.

For products that require shipping, we will email you as soon as your order has been shipped and will advise of the shipping method (if any) at that time.

Limited Warranty

Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller per “Returns” terms and conditions specified. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification.

SAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Limitation of Liabilities

BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST,LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.

Use of Products

Unless otherwise noted, Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, medical intervention, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.

Force Majeure

Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

Technical Assistance or Advice

If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

Changes to Terms & Conditions for buying products online

We reserve the right to change these Terms & Conditions for buying products online from time to time. If this happens, we will notify you by posting the new Terms & Conditions for buying products online on the website. If you do not wish to be governed by the revised Terms & Conditions for buying products online, you must not place any further orders.

These Terms & Conditions are governed by the law of the United States and the State of New York and you and we agree to use the New York courts should any dispute arise.

If any part of these Terms & Conditions for buying products online is found to be invalid by law, the rest of them remain valid and enforceable.