TERMS & CONDITIONS OF SALE ("SALE AGREEMENT")
The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with Speares Medical or any of its affiliate companies in which case the separate agreement shall govern).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and SPEARES MEDICAL or any of its affiliate companies. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the site. (References to "you" or "your" shall relate to the Customer; references to "SPEARES MEDICAL" and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and "SPEARES MEDICAL" relating to the purchase or sale of products and services on the Site. The Sale Agreement may only be modified or terminated with regard to products or services that have been purchased or sold on the Site, in writing signed by "TRANSMED CO, LLC". The Customer consents to receiving our products or services that that include all drug and alcohol products and related services, including pre-employment screening products and services for the workplace. Our drug testing products are designed to give preliminary, qualitative results only for a more specific and accurate result we recommend a GC/MS Confirmation through a SAMHSA Certified Laboratory.
This agreement and any sales here under shall be governed by the laws of the State of Georgia, without regard to conflicts of laws rules. The customer consents to the jurisdiction of the federal or state courts located in USA County, Forsyth for purposes of any suit, action or proceeding arising out of this sale agreement.
Risk Of Loss
Loss or damage that occurs during shipping by a carrier selected by "Speares Medical" is "Speares Medical" responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.
General Legal Disclaimer
"Speares Medical" hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
Pricing & Information Disclaimer
All pricing subject to change. For all prices, products and offers, "SPEARES MEDICAL" reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While "SPEARES MEDICAL" uses reasonable efforts to include accurate and up-to-date information on the Site, "SPEARES MEDICAL" makes no warranties or representations as to the Site's accuracy. "SPEARES MEDICAL" assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation Of Liability
"Speares Medical" will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. "Speares Medical" will not be liable for products or services not being available for use. Customer agrees that for any liability related to the purchase of products or services, www.spearesmedical.com or parent company TransMed Co, LLC is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
If no payment terms are specified in the invoice, the term of payment shall be prepaid. Time is of essence. The terms and condition set forth herein and the seller's invoice shall take precedent over anything in Buyer's purchase order. Accounts with delinquent balances based upon the specified terms are subject to collection agency fees of 20% added to the outstanding balance.