Terms of Sale/Rental

1. Precedence: Unless otherwise stated in an agreement signed by EXACT, these and only these terms govern agreements to procure EXACT’s products and services notwithstanding any additional or conflicting terms that Purchaser may include or reference in related purchase orders;
2. Incorporation of Referenced Terms: EXACT shall not be bound by the terms of any contracts that a client references in its purchase orders or any other agreement unless: (a) Client furnishes EXACT with any such contract for EXACT to review, and (b) EXACT subsequently acknowledges in writing that it has received, reviewed and agreed to the terms of any such contract;
3. Warranty and Limitations of Liability: EXACT’s Warranty and Limitations of Liability are available at https://exacttechnology.com/WLL and are incorporated into all agreements to procure EXACT’s products and services;
4. Additional Charges: Client shall be responsible for shipping and applicable taxes;
5. Payment
   1. Terms: All invoices are due as agreed in a writing signed by EXACT, or, in the absence of such agreement, NET 30. Client’s responsibility to pay EXACT timely shall in no way be contingent upon Client’s receipt of payment from any other party;
   2. Late Payment Consequences: In the case of late payments, EXACT will, at its sole discretion: (1) charge interest on overdue amounts at the rate of 15% per year, accruing daily and compounding monthly, (2) hold shipment pending settlement on past-due payments (including interest), (3) modify payment terms for existing or future orders, and/or (4) suspend all service;
   3. Accepted Payment Methods: Payment may be made via ACH, wire, cheque, or, with a 3.1% surcharge, credit card.
6. Client Billing Based on EXACT Portal: Client shall be charged based on the total number of products and services listed as Owned or Rented in the client’s online portal (the “Chargeable Items”). This applies to all recurring charges, including charges for rented equipment and Portal fees for purchased equipment. It is Client’s sole responsibility to monitor the accuracy of Chargeable Items and to notify EXACT if the Chargeable Items require modification. Unless and until EXACT receives uncontested notice from Client of any required decrease to Chargeable Items (“Chargeable Items Change Notice”), Client shall be responsible for any charges and fees that accrue in relation to the Chargeable Items up to when EXACT receives such notice. Clients shall deliver any Chargeable Items Change Notice either to: (a) Client’s account representative, cc: support@exacttechnology.com; or (b) support@exacttechnology.com;
   
7. End of Rental Period & Return of Rental Equipment: At the end of any rental term, rental equipment shall be returned in like-new condition, as reasonably weathered by normal wear and tear. EXACT may charge Client full replacement cost for non-conforming returns. Rental charges will continue to accrue until EXACT receives returned rental equipment;
   
8. End of Trial Period & Return of Trial Equipment: At the end of any trial term, trial equipment shall be returned in like-new condition, as reasonably weathered by normal wear and tear. EXACT may charge Client full replacement cost for non-conforming returns. Rental charges will begin to accrue if EXACT does not receive trial equipment by the first day following the trial period;
   
9. Amounts Owing on Termination: In the event that Client suspends or terminates its business with EXACT for convenience, EXACT shall be entitled to recover its uncompensated actual direct costs incurred prior to the date of termination or suspension, plus any amounts that may be owed as a result of damaged equipment, per these terms.

Have Questions?

Please contact legal@exacttechnology.com