Conditions of Sale
ALL SALES THROUGH Pelegrina Medical ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
General: Receipt by you, the buyer (“You”, “Buyer”) of the products, equipment or merchandise provided hereunder (the “Merchandise”) will constitute your acceptance of these Conditions of Sale. This is the complete and exclusive statement of the contract between Pelegrina Medical, as seller (“Seller”, “We”, “Pelegrina Medical”) and You, with respect to your purchase of the Merchandise. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. Please call us or email us if you have any additional questions regarding our company’s Conditions of Sale.
Return of Merchandise: Pelegrina Medical will give You a credit for the cost of the Merchandise if You are not completely satisfied with your purchase and return the Merchandise within 30_ days of its delivery. We will give You a credit for the Merchandise’s purchase price within 7 days after receiving your Merchandise. Shipping charges are non-refundable and will not be credited to Buyer’s account. No returns will be accepted, and credit will not be allowed, for Merchandise returned without the prior written consent of Pelegrina Medical. Prior to returning any Merchandise, You must contact us for authorization, and provide us with your name, invoice number, product model, and the nature of the problem/reason for return. Note that Merchandise images on this site may not exactly reflect the Merchandise you receive. Design revisions and color variations may exist. Please keep all packing material and documentation in the event that your Merchandise has to be returned. Merchandise must be properly packaged in the original shipping carton. Credit will not be given for items damaged due to improper packaging or freight damage.
Please note that opened and used Merchandise may not be returned for credit. Before opening the Merchandise, we suggest that You check the shipping container and packing list to make sure that You were delivered your order correctly.
Title Transfer and Taxes: Title to any Merchandise purchased through Pelegrina Medical, and risk of loss shall pass to the Buyer at the Pelegrina Medical warehouse located in the Municipality of San Juan, Puerto Rico, upon transfer of possession of the goods to the United States Postal Service or any other shipper to be used for delivery of the Merchandise.
Pelegrina Medical will have the right, at its election, to make partial shipments of the Merchandise. All shipping dates are approximate only, and Pelegrina Medical will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Pelegrina Medical's reasonable control. In the event of a delay due to any cause beyond Pelegrina Medical's reasonable control, Pelegrina Medical reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay.
All prices published by Pelegrina Medical may be changed at any time without notice. Prices for the Merchandise exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Merchandise covered hereby, all of which taxes and duties must by paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
Merchandise purchased through Pelegrina Medical for delivery, use, or consumption within Puerto Rico will be subject to a 7% Puerto Rico Sales and Use Tax, unless said Merchandise is specifically exempted from such taxes under the 2011 Puerto Rico Internal Revenue Code (Act #1 of January 1, 2011). By providing a delivery address located outside of Puerto Rico, the Buyer acknowledges that the Merchandise being purchased through Pelegrina Medical is being purchased by the Buyer for its use and consumption outside of Puerto Rico.
Payments: We accept payments by Pay Pal, Visa, MasterCard, and American Express online. You can contact us for alternate methods of payment.
Warranty: All of our units are new (unless it is specified in the product), original, and backed by the manufacturer's warranty. Pelegrina Medical will not provide any warranty that is in addition to the manufacturer’s warranty. Any warranty claims must be made directly to the manufacturer of the Merchandise and not to Pelegrina Medical. Pelegrina Medical may assist Buyer in contacting the manufacturer during the warranty period, but Buyer will be solely responsible for shipping the Merchandise, at its own expense, to the manufacturer for repair. Buyer is responsible for any shipping charges and or any other charges that the manufacturer’s warranty may not cover.
Indemnification: Buyer shall indemnify and hold harmless Seller, its parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of Merchandise in combination with equipment or software not supplied by Seller where the Merchandise itself would not be infringing; (iii) use of Merchandise in an application or environment for which it was not designed; or (iv) modifications of Merchandise by anyone other than Seller without Seller's prior written approval.
Limitation of Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE CONDITIONS OF SALE (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE MERCHANDISE GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT.
Applicable Law and Jurisdiction: These Conditions of Sale shall be exclusively construed and governed by the laws of the Commonwealth of Puerto Rico without regard to its conflict of law provisions or the laws of any other state or country or your actual state or country of residence. You agree that the federal and state courts located in the Commonwealth of Puerto Rico shall have exclusive jurisdiction and venue over any action brought to enforce the rights and obligations in or arising from these Conditions of Sale and you irrevocably submit to the jurisdiction of such courts.
Arbitration & Representation: By using this Site and making purchases, Buyer agrees that: (1) any claim, dispute, or controversy Buyer may have against Pelegrina Medical arising out of, relating to, or connected in any way with these Conditions of Sale, this Site, or any External Sites, or the purchase or sale of any Merchandise or services, shall be resolved exclusively by final and binding arbitration and conducted before a single arbitrator pursuant to the applicable Rules and Procedures (“Rules and Procedures”) established by the Commonwealth of Puerto Rico (“arbitration forum”); (2) the arbitration shall be held at the Commonwealth of Puerto Rico or at such other location as may be mutually agreed upon by User and Pelegrina Medical; (3) the arbitrator shall apply Puerto Rico law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by the arbitration forum, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained her
