Terms & Conditions of Sale

These Terms and Conditions of Sale (“Terms”) apply to all sales of products, equipment, and systems by Advanced Ultrasound Systems (“AUS,” “we,” “us,” or “Seller”) to any customer, distributor, or end-user (“Customer,” “you”). By accepting any product or service from AUS, you agree to be bound by these Terms.

1. Agreement Overview

These Terms, together with any sales quote or order acknowledgment provided by AUS, form the complete agreement between you and AUS. Any additional or different terms in your purchase order or other documentation are rejected unless agreed to in writing by an authorized AUS representative.

2. Refurbished Equipment

You acknowledge that the equipment you are purchasing may have been previously owned and may have undergone mechanical, electrical, and/or cosmetic reconditioning. You have 72 hours from delivery to notify AUS of any nonconformities. If we do not hear from you within that time, the equipment is considered accepted.

3. Product Availability

All sales are subject to product availability at the time your order is confirmed. If a product becomes unavailable before you place your order, we will either:

  • Offer a suitable substitute, or

  • Cancel the order and refund any deposit made

This is your sole remedy in such cases.

4. Pricing & Payment

  • Prices are subject to change without notice.

  • The final price will be as stated in your sales quote or order acknowledgment.

  • If no price is specified, the price will be our list price at the time of shipment.

  • Quotes assume shipment within 30 days of the quote date.

  • Failure to make timely payment is a material breach. We may suspend performance until all past-due amounts are paid.

  • Interest may accrue on overdue balances at 1.5% per month (or the maximum allowed by law).

  • You are responsible for all collection costs, including attorney fees.

5. Trade-In Equipment

If you are trading in a system as part of your purchase, you represent and warrant that:

  • You have clear title to the trade-in equipment, free of all liens.

  • Title transfers to AUS upon our receipt of the equipment.

  • All Protected Health Information (PHI) has been removed or de-identified prior to delivery.

  • The condition of the trade-in is substantially the same as when the trade-in value was quoted.

  • The trade-in contains no malicious code (viruses, worms, etc.) and does not infringe on any third-party intellectual property rights.

If the trade-in is not received within 10 business days of your receipt of the new equipment, or if its condition has changed, we may reduce the trade-in value or cancel the trade-in entirely.

6. Order Changes & Cancellation

If you cancel or modify an order after it has been placed, you agree to pay:

  • The full price for any equipment already completed or shipped

  • Any costs incurred for work in progress, plus 20% of those costs as partial liquidated damages

7. Delivery & Shipping

Unless otherwise agreed:

  • Products are shipped EXW (Ex Works) from our facility.

  • You are responsible for all shipping, insurance, customs, duties, and related charges.

  • Delivery dates are estimates only.

  • If you fail to schedule delivery within 3 months of placing an order, we may cancel the order and forfeit any deposit or prepaid funds.

  • If you request a delivery delay, a 1% monthly storage fee may apply.

8. Title & Risk of Loss

Title passes to you upon shipment. You are responsible for arranging and paying for insurance during transit. Until full payment is received, we retain a security interest in the equipment, and you agree not to sell or transfer it without our consent.

9. Parts Returns & Restocking Fees

Standard Parts Returns

 
 
Return Window Return Credit Restock Fee
Within 15 days 75% 25%
16–45 days 65% 35%
After 45 days No credit —

Parts must be returned in the same condition as sent. No credit will be issued for defective or tampered-with parts.

Dead on Arrival (DOA) Parts

  • Must be reported within 3 days of receipt.

  • Shipping damage must be noted on the delivery ticket.

  • Parts must be returned within 7 days for credit consideration.

  • A completed return/defect form is required.

Exchange Parts

  • Exchange parts must be returned within 30 days.

  • Must be complete, with all components, and match the part number of the unit purchased.

  • If the exchange is not accepted, you will be billed the full price (typically 2x the exchange price), and the non-qualifying part may be returned at your expense or become our property.

10. Warranty

AUS warrants that, under normal use, products will be free from defects in material and workmanship for the period stated in your agreement. This warranty does not cover damage from misuse, handling, or unauthorized repairs.

No other warranties—express or implied—apply, including merchantability or fitness for a particular purpose.

11. Limitation of Liability

AUS is not liable for:

  • Loss of use, revenue, or profit

  • Indirect, incidental, or consequential damages

  • Any claim exceeding the total amount paid for the product in the 12 months prior to the claim

This limitation applies regardless of whether we were advised of the possibility of such damages.

12. Regulatory Compliance & Export

You agree to comply with all applicable laws, including U.S. and international medical device regulations, environmental laws, and export controls. Products are medical devices and may only be used by or on the order of a licensed healthcare provider.

If you resell any equipment, you agree to indemnify AUS against any resulting claims or damages.

13. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, pandemics, labor disputes, supply chain interruptions, or government actions.

14. General Terms

  • Assignment: You may not transfer your rights under this agreement without our written consent.

  • Amendments: Changes must be in writing and signed by both parties.

  • Governing Law: This agreement is governed by the laws of the State of Oklahoma. Any disputes will be resolved in courts located in Tulsa County.

  • Waiver of Jury Trial: Both parties waive the right to a jury trial in any dispute arising from this agreement.

15. Extended Warranty (If Applicable)

If you purchase an extended warranty, coverage begins on the date of installation and includes parts, labor, and on-call remedial service during primary service hours. Terms such as same-day service, next-day parts, and phone support are included where available.