Acceptance
These Terms and Conditions regulate the purchase of Instruments from Sapas LLC (hereinafter “Sapas” or “Seller”) by the Buyer. “Buyer” is defined as the organization or individual issuing the Order to Seller “Instruments” are defined as all products and services to be supplied by Seller under the Order. “Order” is defined as the purchase order issued by Buyer for the Instruments, together with these Terms and Conditions, and any exhibits and exhibits. These Terms and Conditions, available online at Seller’s website, are incorporated by reference into the Order, and constitute an offer by Buyer to purchase the Instruments from Seller in accordance with these Terms and Conditions. An Order is accepted upon receipt of payment, approved Order and/or an agreed deposit through an approved payment method. Upon Seller’s acceptance of an offer from Buyer, a binding agreement is created between Buyer and Seller.
Payments Conditions
Seller requires payment in advance prior to shipment of items unless otherwise agreed in writing. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
If payment is made by personal check, such payment will not be considered made until funds are released by Seller’s bank.
Limited Warranty
Sapas offers a standard 60-day limited warranty. Sapas warrants the product sold, unless otherwise stated, against defects in materials and workmanship during the warranty period, which begins on the date of receipt by the Buyer. The warranty offered covers all parts and labor but does not include shipping costs. If a defect exists, and Sapas is obligated under its 60-day warranty, the Buyer shall be required to contact Sapas technical support to obtain a Return Products Authorization prior to sending the Instrument to Sapas for repair. Sapas, at its sole discretion, may approve on-site service of certain Instruments. Otherwise, at its discretion, upon return of an Instrument, Sapas will repair the Instrument free of charge, using new or reconditioned replacement parts or exchange the Instrument for an Instrument that is at least functionally equivalent to the original Instrument. If Seller is unable to repair or replace such Instrument within a reasonable period of time, Seller shall have the option to provide a refund of the purchase price of the Instrument.
This warranty does not cover any software installed on the Instruments, routine maintenance or service, breakage or damage due to misuse, intentional or unintentional abuse or neglect, or consumables.
Sapas expressly disclaims all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose or intended use. Sapas shall not be liable for damage to the facilities, other equipment, products, property or personnel of third parties, or their agents. In any event, Sapas’ total liability is limited to the lesser of actual damage or the original cost of the Instrument as stated in the Order.
The Buyer’s sole and exclusive remedies under a Sapas warranty are set forth in this section. All warranty claims must be made in writing within the warranty period. All claims not made within the warranty period shall be deemed waived by the Buyer.
Sapas shall not be liable for additional repair costs caused by improper packaging or shipping damage during return.
Packaging, Shipping, Insurance
Sapas carefully packs the instruments according to the guidelines recommended by the carriers. Packaging and shipping costs are the responsibility of the Buyer, unless otherwise stated, and insurance costs are included in the shipping costs. Seller uses the “best way” to ship the Items to Buyer, however Buyer may use its own carrier if desired. The Buyer has the obligation to thoroughly examine the packaging upon arrival and note any damage before signing the acceptance. Upon acceptance, Buyer assumes all responsibility for any physical damage identified and/or incurred after the point of acceptance. Buyer is required to notify Seller in writing within 24 hours of acceptance of any damaged Instrument.
Order Cancellation
Buyer may cancel an Order at any time prior to shipment for a full refund less a 20% service fee. After shipment, but prior to acceptance by Buyer, Sapas reserves the right to offer a credit toward a future purchase in lieu of a full refund less a 20% service fee.
Software
Sapas does not sell software licenses unless otherwise noted. Software is provided free of charge (unless otherwise noted) preloaded on certain Instruments as a courtesy and for testing purposes only. Seller’s warranty does not include any software coverage on such Instruments.
Limited Liability/Risk Of Loss
All items purchased from Sapas are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Trademarks
All other trademarks not owned by Sapas that appear in any Sapas Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sapas.
Product Descriptions
Sapas attempts to be as accurate as possible. However, Sapas does not warrant that product descriptions or other content of any Sapas Service is accurate, complete, reliable, current, or error-free. If a product offered by Sapas itself is not as described, your sole remedy is to return it in unused condition.
Governing Law
The Order shall be deemed entered into in the state of Texas, regardless of contract or other choice of law provisions. the laws and judicial decisions of the state of Texas shall be used to determine the validity, construction, interpretation and legal effect of this agreement. Buyer and Seller agree that any action relating to or arising out of this agreement, shall be brought in the courts of the state of Texas. any applicable federal, state, local and foreign laws, rules, regulations, ordinances, decrees, and orders including, but not limited to, restrictions on exporting or importing software, hardware, or technical information shall apply to this agreement. Buyer agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this order.
Seller reserves the right to amend these Terms and Conditions at any time.
Effective as of July 2023