SALES POLICY
Darby Dental Supply, LLC 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. All new accounts are subject to a verification process to ensure compliance with state and federal regulations
PAYMENT TERMS
We accept payment via ACH, Wire Transfer, Check, Credit Card (MasterCard, VISA, Discover, and American Express) or we can bill your order to your open account.
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. PO Box 26582, New York NY 10087-6582. Payments may also be made online at www.darby.com
CUSTOMARY RATES and FEES
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 $35.00 service fee will be charged on all returned checks. Check is not re-deposit. The customer is contacted to authorize a new payment.
OPEN CREDIT
Upon the receipt and review of a Credit Application, DARBY DENTAL SUPPLY LLC will place qualified customers on an open account. Other credit arrangements can be made for accounts not qualified for open credit.
SHIPPING AND HANDLING
Requests for upgraded service are subject to shipping charges. Orders cannot be shipped as COD.
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.
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.
Any shipping and handling fees will be billed on the invoice.
RX PRODUCTS & CONTROLLED SUBSTANCES
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 DARBY DENTAL SUPPLY LLC. Controlled Substances will be shipped only to the address that appears on the DEA Certificate.
TRANSFER OF TITLE
For all shipments of goods to customers located within California, title will pass upon receipt of goods by California customers.
For all other States, Title to goods transfers to customer at point of shipping from our warehouse or the manufacturer’s warehouse.
RETURNS AND ALLOWANCES
DARBY DENTAL SUPPLY LLC provides our customers with a generous return policy for obtaining credit or adjustment for products sold by DARBY DENTAL SUPPLY LLC.
Returns and Billing Adjustments may be requested by calling DARBY DENTAL SUPPLY LLC Customer Service at (800)-645-2310 through Contact Us on www.darby.com or arranged through your Account Manager.
RETURN AUTHORIZATION 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.
QUALIFICATION FOR CREDIT
All product returns and other requests for credit must receive prior authorization to ensure that credits will post to the customers' account in a timely manner. This authorization will be in the form of a Return Authorization number which must obtained by DARBY DENTAL SUPPLY LLC Customer Service Department.
DARBY DENTAL SUPPLY LLC 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. Due to the nature of some products, not all items are eligible for return.
DARBY DENTAL SUPPLY LLC reserves the right to deny credit on returns based on inspection of items upon receipt at a DARBY DENTAL SUPPLY LLC facility.
DARBY DENTAL SUPPLY LLC 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.
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 past 90 days are subject to a 20% restocking fee.
- 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.
- Items credited or returned due to product recalls will be issued at 100% credit regardless of date of invoice.
Under special circumstances, DARBY DENTAL SUPPLY LLC may directly credit your account in lieu of physical return of product.
- 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.
- 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.
NON-RETURNABLE/NON-REFUNDABLE
There are certain items that do not qualify for a Return or Credit Refund.
- Personalized and/or imprinted items are not returnable.
- Special Order items are not returnable.
PROP 65 CAUTIONARY STATEMENT
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.
WARRANTY
Product warranties, if available, are furnished by the product's manufacturer.
CUSTOMER ASSISTANCE
The employees of DARBY DENTAL SUPPLY LLC 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.
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
- 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.
- Purchaser shall pay the balance due on the date specified on the equipment quote and/or finance plan.
- 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.
- 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.
- 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
- All items listed as "Dr's Property" on final invoice are not returnable under any circumstances.
- 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.
- Purchaser is responsible for ensuring compliance with all state regulations pertaining to the use and installation of the equipment.
- Purchaser must fulfill any educational requirements set by the manufacturer or state authorities regarding the use and installation of the equipment.
- In the rare event Darby Dental Supply, LLC accepts a return of the equipment, Darby Dental Supply, LLC may charge Purchaser a restocking fee.
- 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.
- Darby Dental Supply, LLC is not responsible for typographical errors contained in this quote preceding final invoice of items ordered.
- 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:
a. The disconnecting and/or reinstalling of Purchaser's existing equipment.
b. Changes or additions in plumbing, electrical, or carpentry work.
c. Necessary governmental inspections, approvals, and fees.
d. Union intervention in installation or delivery of the equipment.
e. Disposal of old equipment.
f. Delivery of donated equipment.
g. Insurance covering the equipment.
- 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.
- 1M% PER MONTH WILL BE CHARGED ON PAST DUE BALANCES (18% PER YEAR).
- 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.
- 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.
- I represent and warrant that the name provided on the equipment order is the exact legal name of Purchaser.
- 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.
SCOPE
These Legal Terms and Conditions apply to the entire Darby Dental Supply LLC Website and all portions of the site contained therein (excluding links to other Websites as provided below), including, but not limited to, the Darby Dental Supply LLC Corporate, Darby Dental Supply LLC Dental, Darby Dental Supply LLC Medical, Darby Dental Supply LLC Technology, and Darby Dental Supply LLC Worldwide portions of the company Website. These Legal Terms and Conditions shall apply to any future portions of the Darby Dental Supply LLC Website (excluding links to other Websites as provided below) unless otherwise stated.
USE OF THIS WEBSITE
Use of this Website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this Website constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any Darby Dental Supply LLC server, or the network(s) connected to any Darby Dental Supply LLC server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any Darby Dental Supply LLC server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. By using this website, you agree to abide by all restrictions set forth herein with respect to the access and use of this website and all information contained therein (the "website information"). Your use of the access credentials to this website is personal to you and such credentials may not be shared with or used by third parties. You will not permit any third-party to directly or indirectly access the website through your logon information. All website information is for your own personal use and may not be shared with third parties, even if they are analyzing such information for you. You may not transfer, redistribute, license or sublicense, copy, reverse-engineer, disassemble, attempt to derive the source code for, modify, or create derivative works of the website information. You may not either directly or through the use of any software, device, internet site, web-based service or other means download, stream capture, store in a database, archive sell, rent, lease, copy, lend, broadcast, transmit or otherwise disseminate, or distribute any part of the website information. Darby Dental Supply LLC reserves the right to revoke access to this website for any reason, including but not limited to any use in violation of these terms. Darby Dental Supply LLC makes no representation that the Website is appropriate or available for use in locations outside the United States, and accessing the Website from territories where such content is illegal is prohibited. Those who choose to access this Website from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
SECURITY
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name. You agree (a) to immediately notify Darby Dental Supply LLC of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.
LINKS TO OTHER WEBSITES
This Website may contain links to other Websites not owned or managed by Darby Dental Supply LLC or its affiliates. Darby Dental Supply LLC provides such links solely for the convenience of our visitors. Darby Dental Supply LLC is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by Darby Dental Supply LLC. The inclusion of links to such sites does not imply approval or endorsement of the site by Darby Dental Supply LLC or any association with its operators. We urge you to read the terms of use policies on linked Websites before utilizing their products or services as Darby Dental Supply LLC is not responsible for these areas.
PROPRIETARY RIGHTS
Copyrights. Darby Dental Supply LLC is the owner or licensee of all copyrights in and to the content on this Website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Website; and (ii) the design, selection and arrangement of this Website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on the Website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with Darby Dental Supply LLC or its licensors. Darby Dental Supply LLC and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Website for any purpose not expressly authorized herein without the prior written permission of Darby Dental Supply LLC or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the "Marks") are the sole property of Darby Dental Supply LLC, VeriSign, Inc., or other third parties that have granted Darby Dental Supply LLC the right and license to use such Marks. Nothing contained on this Website should be construed as granting any license or right to use any such Marks without the written permission of Darby Dental Supply LLC or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Website by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.
In the event that you receive communications from us regarding, among other things, information about new products, services, or upcoming events, you may opt out of receiving such communications by following the steps set forth in the Privacy Statement or on our website.
TYPOGRAPHICAL OR OTHER ERRORS
While Darby Dental Supply LLC takes reasonable care and skill to provide information which is accurate and up to date when first included on the Website, typographical and other errors may nevertheless occur. Darby Dental Supply LLC does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this Website at any time without notice to you. While Darby Dental Supply LLC makes reasonable efforts to prevent unauthorized tampering with the Website, Darby Dental Supply LLC does not guarantee that its efforts will always be successful. Therefore, as set below, Darby Dental Supply LLC does not warranty that the Website materials will be error-free, and disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
DARBY DENTAL SUPPLY LLC MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. DARBY DENTAL SUPPLY LLC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, DARBY DENTAL SUPPLY LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE. DARBY DENTAL SUPPLY LLC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Darby Dental Supply LLC makes no representation that the Website or its contents are appropriate for use in every country of the world. Your use of this Website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of the Darby Dental Supply LLC Website or any software application installed by you in connection with the use of this Website, is at your sole risk. While Darby Dental Supply LLC makes reasonable efforts to ensure the safety and functionality of our Website and any software applications associated with its Website, these efforts may fail and errors may occur. IN NO EVENT SHALL DARBY DENTAL SUPPLY LLC OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY. DARBY DENTAL SUPPLY LLC WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE. THESE WAIVERS APPLY EVEN IF DARBY DENTAL SUPPLY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DARBY DENTAL SUPPLY LLC'S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO DARBY DENTAL SUPPLY LLC FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.