Please read these Terms & Conditions (hereinafter, simply “Terms”) carefully before using this site. They constitute a binding legal agreement between you and Burkhart Roentgen International Inc. dba USAXRAY that governs your rights while using this site. These Terms are subject to change from time to time as described below.
Burkhart Roentgen International Inc. dba USAXRAY, a Florida incorporated entity (hereinafter, “we”, “our”, “us”) provides USAXRAY.com (hereinafter, “this site”, “our site”, including other domains and sub-domains under our control) for informational and e-commerce purposes. By using our site, you agree to abide by these Terms set forth in this notice. If you do not agree to abide by them, do not use our site.
Customer hereby acknowledges and agrees that all Product is custom manufactured for each individual Customer and once production has commenced there can be no cancellation of orders.
These terms and conditions shall supersede all terms and conditions printed or implied on any purchase order issued by Customer. No other terms or conditions shall be binding upon Customer or Seller unless said terms and conditions are specifically accepted in writing by Customer and Seller. The failure of Customer or Seller to enforce at any time or for any period of time any of the provisions of this Order shall not constitute a waiver of such provisions. Seller shall not be liable for delays or failure to ship for causes beyond Seller’s control, affecting it or its suppliers, including, in part: natural disasters; war; Customer’s conduct; labor unrest; riot; governmental interference; unavailability or shortage of labor, materials, fuel or power through customary means at normal rates; failure or destruction of plant or equipment arising from any cause whatsoever; or failure of transportation. Seller agrees that the Product to be furnished under this Order was produced in compliance with all applicable federal requirements with respect to fair labor standards and equal employment opportunity.
Seller warrants that all newly manufactured products are warranted to be free of defects in material and workmanship for a period of one (1) year from the date of shipment. Products returned under the above warranty shall be either repaired or replaced at the sole discretion of Burkhart Roentgen International Inc. dba USAXRAY and is limited to the value of the Products on the date of the original shipment. All replaced parts and Product become the property of Seller. This limited warranty does not include service to repair damage to the Product resulting from customer’s negligence, misuse, modification of the Product, or use for purposes other than those intended by its manufacture. This limited warranty does not cover excessive use, normal wear and tear, failure from improper storage, customer abuse, abrasion, or failure to follow care and use instructions. Warranty is voided if any solvent-based cleaning solutions are used. Seller’s obligations under this limited warranty are conditioned upon Customer’s compliance with Seller’s reasonable instructions and requests in connection with its performance of such obligations. Service under this limited warranty may be obtained by delivering the Product at Customer’s expense (using the original shipping container or its equivalent) during the warranty period to the manufacturer and providing proof of purchase date. Customer shall assume the risk of loss or damage in transit. Seller shall bear the cost for return of repaired or replaced Product under valid warranty claims to Customer by normal commercial means in the continental United States. For further information, refer to the Limited Warranty contained in Seller’s standard product literature, if applicable. See Return Policy & Form prior to returning any product. Before shipping to seller, obtain an RMA# from Burkhart Roentgen International Inc. dba USAXRAY or your dealer. Returns without an RMA# will not be accepted. Any core material problems, ie. leaded or lead-free product, that do not have an initial inspection report prior to being put in service will be considered invalid in the limited warranty.
All product shipped by USAXRAY, at customers expense, will be sent by FedEx Ground, UPS Ground, or USPS ground services, unless specified by customer. We accept customer shipping accounts #’s. Please provide shipping account upon purchase. All products are shipped to addresses within the USA and its territories unless pre-approved in writing with international dealer agreements.
The prices for Product delivered under this Order do not include customs charges or duties, or sales, use, excise or similar taxes, or special packaging, or transportation, rigging, drayage, insurance charges and other costs associated with the delivery of Product to the destinations specified by the Customer unless specifically set out on the invoice as individual line items. Therefore, Customer will pay directly to Seller (“Seller”), in addition to the prices specified in this Order, any amount set forth on Seller’s invoices for customs charges, duties and/or taxes (or provide applicable tax exemption certificates acceptable to the taxing authorities) and special packaging costs and shall pay directly to the involved carrier(s) all such delivery related costs. All licenses or certificates required for import or export of the Product shall be the responsibility of and obtained at the cost of Customer. Seller’s terms are set in the approved purchase order prior to manufacturing. If credit terms are approved by Seller, Customer shall pay all invoices according to established net terms after date of shipment. If payment is not made when due, Customer may be assessed a late charge equal to one and one-half percent (1-1/2%) of the past due balance for each month or partial month following the due date. All deliveries shall be made F.O.B. shipping Point. Title and risk of loss or damage will transfer from Seller to Customer upon delivery of goods at the F.O.B. point. Customer shall notify Seller, in writing, within one (1) calendar day after delivery, of any claimed shortages, damage or of rejection of the delivery. Sufficient detail to establish grounds shall be included in any rejection.
EXCEPT AS SET FORTH HEREIN AND IN THE LIMITED WARRANTY INCLUDED IN SELLER’S STANDARD PRODUCT LITERATURE, IF APPLICABLE, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED ABOVE THE LIMITED WARRANTY SET FORTH IN THIS SECTION, COMBINED WITH THE LIMITED WARRANTIES CONTAINED IN SELLER’S STANDARD PRODUCT LITERATURE, IF APPLICABLE, SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER AND SHALL ESTABLISH THE SOLE AND EXCLUSIVE LIABILITY OF SELLER, ITS SUCCESSORS OR ASSIGNS IN CONNECTION WITH THE PRODUCT. IN NO EVENT WILL SELLER BE LIABLE TO CUSTOMER FOR ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SUCH PRODUCT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR OF LIABILITY FOR SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY OR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Contact us at CustomerService@usaxray.com for questions related to refunds and returns.