2. PAYMENT. Credit Card payment shall be made during order processing. If elected by Buyer, Vitall Inc. will charge the Buyer’s credit card a monthly fee for emergency alert monitoring services.
3. DELIVERY. Seller will arrange for delivery by carrier chosen by Seller. Delivery shall be completed within approximately 2 weeks, unless the buyer pays for expedited shipping.
4. PAYMENT OF TAXES. Buyer agrees to pay all taxes of every description, federal, state, and municipal, that arise as a result of this sale, excluding income taxes.
5. WARRANTIES. Seller warrants that the Goods shall be free of substantive defects in material and workmanship.
The Seller makes no warranties, expressed or implied, except as specifically stated above. Such warranties, if any, are in lieu of all other warranties, written or oral, statutory, express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose.
Seller shall in no event be liable for any incidental, special, or consequential damages of any nature, even if seller has been advised of the possibility of such damages.
Seller's liability, if any, for defective Goods, is limited to replacement, repair or refund of the defective Goods, at Seller's option. Buyer agrees to provide written notice of any claim for defective equipment and/or deficiencies in alert button monitoring, including emergency response.
Buyer agrees to indemnify, hold harmless, and protect Seller, its affiliates, successors, assignees, customers, and users from any and all claims, demands, suits at law or equity, and all expenses including attorneys' fees, involving infringement or alleged infringement of any patent, trademark, or copyright resulting from the purchase, use, or sale of the Goods.
6. INSPECTION. The Buyer, upon receiving possession of the Goods, shall have a reasonable opportunity to inspect the Goods to determine if the Goods conform to the requirements of this Agreement. If the Buyer, in good faith, determines that all or a portion of the Goods are non-conforming, the Buyer may return the Goods to the Seller at the Seller's expense. The Buyer must provide written notice to the Seller of the reason for rejecting the Goods. The Seller will have 10 days from the return of the Goods to remedy such defects under the terms of this Agreement.
7. CONFIDENTIALITY. Both parties acknowledge that during the course of this Agreement, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Agreement as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Agreement. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.
8. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Maryland.
9. SWITCH FOR CREDIT. If you are currently under contract for a monitoring service from another health monitoring provider, HeyMomDad will offer up to a $200 credit to cancel. The credit will cover any cancelation fees, and the amount of credit will be added to your contract in the form of free monitoring up to the value of the credit. A minimum one year contract must be signed with HMD to receive this credit. The exact amount we credit will vary depending on your current providers cancelation fees, and will not exceed $200. To receive the credit, scan and email your existing contract with the health monitoring provider to firstname.lastname@example.org