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SALES TERMS AND CONDITIONS

SALES POLICY:
Darby Dental Supply, LLC (DDS) restricts sales and distribution of products and services to licensed Dentists and Health Care professionals who have an established business account with us. Verified Dental Labs, Dental Technical Schools -Public and Private, Government accounts (Federal, State, and Local), and University accounts, may also establish accounts with appropriate documentation as required by state and federal regulations.
ESTABLISHING AN ACCOUNT:
Upon the receipt and review of a Credit Application, DDS will place qualified customers on an open account. Other credit arrangements can be made for accounts not qualified for open credit.
PAYMENT TERMS:
We accept payment via check, MasterCard, VISA, Discover, and American Express, or we can bill your order to your open account. Our standard payment terms are net 10 days (from the receipt of statement) for eligible accounts and purchases. It is requested that payment be made within the terms of the agreement to maintain open account privileges. All sales are payable by the 15th of the following month after the date of the invoice unless specifically stated otherwise. Payments should be made payable to: Darby Dental Supply, LLC. (Please refer to a Darby invoice for the remittance address). Payments may also be made online at www.darbydental.com Minimum order charges; Orders under $150.00 are subject to $12.95 Flat Rate Shipping. Orders $150.00 and over are subject to $9.95 Flat Rate Shipping.
LATE CHARGES:
A late payment charge will be levied on past due invoice balances at the rate of 18% per annum or the maximum allowed by law.
RETURNED CHECKS:
A $25.00 service fee will be charged on all returned checks. Checks are re-deposited immediately the first time they are returned. If a check is returned a second time, the account is placed on "DO NOT SHIP" status until the returned check is replaced with a money order or cashier's check.
SHIPPING AND HANDLING:
Puerto Rico, Hawaii, Alaska and the Virgin Islands are subject to additional shipping charges. Orders shipped direct from the manufacturer may be subject to the manufacturer's shipping charges. Hazardous material products that are regulated by the Department of Transportation are subject to a hazardous material fee charged by the transporting carrier for each box shipped. COD shipments are subject to a COD fee as charged by the carrier. Requests for upgraded service are subject to shipping charges. Any shipping and handling fees will be billed on the invoice.
CONTROLLED SUBSTANCES:
Controlled Substances are sold exclusively to valid DEA Registration holders. Before any order can be accepted, a copy of the current DEA Certificate must be on file with DDS. Controlled Substances will be shipped only to the address that appears on the DEA Certificate.
RETURNS AND ALLOWANCES:
DDS provides our customers with a generous return policy for obtaining credit or adjustment for products sold by DDS.
TRANSFER OF TITLE:
Title to goods transfers to customer at point of shipping from our warehouse or the manufacturer’s warehouse.
A.Qualification for Credit: All product returns and other requests for credit must receive prior authorization to ensure that credits will post to the customers' accounts in a timely manner. This authorization will be in the form of a Return Authorization number which must obtained by DDS Customer Service Department. Due to the nature of some products, not all items are eligible for return. DDS will consider for return or credit items that are (or were) in our catalog and that are in saleable condition or returnable to the manufacturer based on that manufacturer's current Return Policy.

DDS will correct all order entry and shipping errors promptly upon notification from the customer. We request that errors be reported within 48 hours of receipt.

DDS reserves the right to deny credit on returns based on inspection of items upon receipt at a DDS facility.

Returns and Billing Adjustments may be requested by calling DDS Customer Service at (800)-645-2310 or submitting on www.DarbyDental.com - Contact us or arranged through your Territory Manager.

B.Amount of Credit: The amount of credit is based on the date of the Return Authorization:
  • Corrections for order entry and shipping errors will always be credited at invoice price.
  • All returns must be made within 90 days of original purchase.
  • All returns must be made in the original package, unopened, undamaged, and in re-saleable condition. Hand pieces and Equipment, if returned opened or used, will be repaired or replaced according to the manufacturer's warranty and returned to you. Full credit will be granted on items we can return to the manufacturer for full credit.
  • All returns past 90 days are subject to a 20% restocking fee.
  • Personalized and/or imprinted items are not returnable.
  • Special Order items are not returnable.
  • Items credited or returned due to product recalls will be issued at 100% credit regardless of date of invoice.

C.Transportation of Returned Items: Return authorizations will be issued along with a prepaid UPS Authorized Return Service (ARS) label. To ensure prompt and accurate credit a copy of the Return Authorization form should be included with the returned items.

D.Special Conditions:
  1. PRESCRIPTION DRUG, CONTROLLED SUBSTANCE and SCHEDULE II RETURNS: All sales for Prescription Drug, Controlled Substance and Schedule II items are final. To dispose of these items please contact your local DEA office or local pharmacy for proper disposal instructions.


  2. HAZARDOUS MATERIALS: Items requiring Diamond-label Hazardous packaging are not eligible for return. These items must be disposed of according to Federal, State and/or Local guidelines.


  3. Under special circumstances, DDS may directly credit your account in lieu of physical return of product.

  4. Prop 65 Cautionary Statement:

    5. Darby Dental Supply, LLC is required by California law, Proposition 65, to disclose users about the Safe Drinking Water and Toxic Enforcement Act of 1986, Which is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use. The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 850 chemicals. In August 2016, OEHHA adopted new regulations, effective on August 30, 2018, which change the information required in Proposition 65 warnings.


    Additional Information about Proposition 65
    For background on the new Proposition 65 warnings, see https://www.p65warnings.ca.gov/new-proposition-65-warnings.
    Proposition 65 and its regulations are posted at https://oehha.ca.gov/proposition-65/law/proposition-65-law-and-regulations.
SALES AND USE TAX: DDS provides our customers with a generous return policy for obtaining credit or adjustment for products sold by DDS.
WARRANTY: Product warranties, if available, are furnished by the product's manufacturer.
CUSTOMER ASSISTANCE: The employees of DDS stand ready to serve you in any way they can. You may find the following people helpful. If you would like to email a specific department, please refer to our website at www.darbydental.com under Contact Us.
Territory Sales Representatives: The name, address, and telephone number of the Representative covering your area may be obtained by calling
        (800) 645-2310.

Telesales Centers: For help with orders, prices, shipments and product returns call (800) 645-2310.

Customer Service Department: For help with invoices, statement information, and account balance, including payments received and applied, call
        (800) 645-2310.

Credit Department: For credit assistance and arrangement of payment programs call
        (800) 645-2310.
EQUIPMENT SALE TERMS AND CONDITIONS:
  1. Purchaser may be required to pay a minimum down payment of the purchase price, which will be forfeited in the event Purchaser breaches these Terms and Conditions.
  2. Purchaser shall pay the balance due on the date specified on the equipment quote and/or finance plan.
  3. Darby Dental Supply, LLC shall use good faith efforts to deliver on date specified on the equipment order, but shall not be responsible for delays beyond its control, nor shall such delays be considered a breach by Darby Dental Supply, LLC hereunder. In the event of any default by Darby Dental Supply, LLC hereunder, Purchaser shall, upon demand, be entitled to the return of the down payment made under Section 1 as the Purchaser’s sole and exclusive remedy.
  4. Darby Dental Supply, LLC assumes no responsibility for, and does not warrant the installation work of any third party nor does Darby Dental Supply, LLC assume responsibility for overseeing or supervising the work. DARBY DENTAL SUPPLY, LLC MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, EXCEPT AS CONTAINED IN THIS AGREEMENT. DARBY DENTAL SUPPLY, LLC MAKES NO WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Darby Dental Supply, LLC Equipment Specialists are not authorized to bind the company or to make warranties. Oral statements do not constitute warranties and may not be relied upon or considered part of this agreement.
  5. By signing this document purchaser acknowledges that they have reviewed and validated the attached quote and all items and quantities are correct. The accuracy of the items ordered is the sole responsibility of the purchaser. Items ordered incorrectly may NOT be returned. ALL EQUIPMENT SALES ARE FINAL.
  6. All items listed as “Dr’s Property” on final invoice are not returnable under any circumstances.
  7. Darby Dental Supply, LLC is not responsible for ensuring the compatibility of items on the attached quote with other items not listed on the attached quote unless explicitly stated in writing by Darby Dental Supply, LLC.
  8. . In the rare event Darby Dental Supply, LLC accepts a return of the equipment, Darby Dental Supply, LLC may charge Purchaser a restocking fee.
  9. Service, repairs, replacement of defective parts and labor will be furnished without charge by Darby Dental Supply, LLC for 90 days following the date of installation of new equipment. Thereafter, Purchaser shall look only to the manufacturer’s standard warranty.
  10. Darby Dental Supply, LLC is not responsible for typographical errors contained in this quote preceding final invoice of items ordered.
  11. Costs relating to the following activities shall be the sole responsibility of Purchaser and ARE NOT INCLUDED IN THE PURCHASE PRICE unless explicitly agreed upon in writing:
    1. The disconnecting and/or reinstalling of Purchaser’s existing equipment.
    2. Changes or additions in plumbing, electrical, or carpentry work.
    3. Necessary governmental inspections, approvals, and fees.
    4. Union intervention in installation or delivery of the equipment.
    5. Disposal of old equipment.
    6. Delivery of donated equipment.
    7. Insurance covering the equipment.
  12. In the event Purchaser breaches these Terms and Conditions, Darby Dental Supply, LLC shall, in addition to any other remedies provided under law, have the right, at its option, to retain the down-payment or other payments made by Purchaser hereunder as liquidated damages, it is being agreed that Darby Dental Supply, LLC’s actual damages are difficult, if not impossible to ascertain. Purchaser agrees to pay Darby Dental Supply, LLC’s reasonable attorney’s fees and other costs in enforcing the terms hereunder.
  13. 1/½ % PER MONTH WILL BE CHARGED ON PAST DUE BALANCES (18% PER YEAR).
  14. Office plans and/or mechanical drawings issued by an agent of Darby Dental Supply, LLC are the sole property of Darby Dental Supply, LLC and are not to be used without consent.
  15. The equipment order and these Terms and Conditions when accepted by a duly authorized officer or manager of Darby Dental Supply, LLC, shall constitute the entire agreement between the parties and shall supersede all prior and contemporaneous written or oral negotiations, warranties, representations, and agreements relating to the equipment order.
  16. I represent and warrant that the name provided on the equipment order is the exact legal name of Purchaser.
  17. Purchaser acknowledges that Darby Dental Supply, LLC, or its designee may file an initial financing statement and any amendments required for Darby Dental Supply, LLC to perfect its security interest in the equipment described on this equipment order. Such security interest will be maintained until Darby Dental Supply, LLC receives payment in full for such equipment.
COMPREHENSIVE COMPLIANCE:
Read about Darby Dental LLC's California Comprehensive Compliance Program

These Sales Terms and Conditions are subject to change without notice. Please reference the current version of this document as updated on our website, or ask your Darby Dental Supply Sales Representative for the most current version.
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