Terms and Conditions of Sale
Welcome to FFF Enterprises, Inc. ("FFF") and thank you for your interest in purchasing our products. Our goal is to provide pleasant purchasing experience, while we strive to deliver quality products. If you have any questions about our ordering process, please call Customer Services at 1-800-843-7477.
- Contract Terms. These are the terms and conditions of sale ("Terms") under which FFF sells products and services. These Terms, together with the quotation (if any), create the contract ("Contract") between FFF and customers for the purchase and sale of products and services. The Contract is created when FFF accepts customer's order, either by sending a written confirmation, or by shipping the product or otherwise initiating action to provide what customer have ordered. If there is a conflict between the quote terms and these Terms, the quote terms shall prevail.
- Payment: Terms of payment for all orders are Net 30 days from the date of invoice, unless otherwise agreed to in writing by FFF. Prices billed are the prices in effect at the time customer's order is accepted by FFF. Prices are subject to change without notice. Customer agrees to pay all debts, accounts and invoices owing to FFF in full accordance with these Terms. In the event such debts, accounts or invoices owing are not paid when due, they will accrue late charges at the rate of 1.5% per month or the maximum rate allowed by law, whichever is the lesser rate. Customer hereby agrees to pay all fees and collection costs including attorneys' fees, in the event this account is placed for collection.
- Credits and Returns: Credit for returned merchandise will be issued only for items that are authorized for return by FFF, in compliance with FFF's Return Goods Policy. All credits will be reflected in customer's account to apply toward future purchases. Customer must report any order discrepancies within 2 business days of receipt of product, except for controlled substance order discrepancies, which must be reported within 1 business day of receipt. FFF is not obligated to issue credit on discrepancies not reported within the applicable time period.
- Orders and Shipping: FFF will be responsible for shipping charges associated with shipments using standard shipping modes. Customers requesting expedited or emergency shipping modes will be responsible for shipping charges. All orders are shipped FOB Destination. FFF will only ship to the address shown on a valid DEA certificate, Registration Permit and/or license as applicable or as otherwise permitted by law, rule or regulation.
- Sales Tax Information: If applicable, customer will be charged state sales tax until such time as a valid state resale card is filed in our administrative office. There will be no retroactive credits granted for purchases made prior to the receipt. The resale card must contain a description of exempted materials for which resale is allowed in the course of business.
- Customer's Representation: Customer represents and warrants that all information contained in customer's credit application with FFF is current, correct and complete, and that FFF may rely on such information in deciding to extend or discontinue credit. Customer agrees to notify FFF immediately, in writing, of any change in the foregoing information including, without limitation, any change in the nature of the business, ownership, licensure, registration name, location of the business, or financial condition.
- Own Use: Customer represents, warrants, and agrees that customer is purchasing products from FFF for customer's own use and use by customer's affiliated healthcare providers in delivering services to patients and not for resale. Customer acknowledges that FFF is relying on this representation in making its decision to sell products to customer.
- Limitation of Warranties: FFF represents and warrants that it will acquire the product ordered by customer directly from the manufacturer. Except as provided herein or as may otherwise be provided by law, FFF MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PRODUCTS, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY OR EFFECTIVENESS. ALSO, FFF MAKES NO WARRANTY OF NON-INFRINGEMENT.
- Excluded Damages. Except as may otherwise be provided by law, FFF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RELATED TO THE PRODUCT PURCHASED OR ANYTHING ELSE RELATING TO FFF's PERFORMANCE (COLLECTIVELY, THE "FFF ITEMS") EVEN IF FFF HAS BEEN ADVISED THAT SUCH DAMAGES ARE POSSIBLE AND REGARDLESS OF THE THEORY UNDER WHICH SUCH DAMAGES ARISE (INCLUDING CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE OR STATUTE). THE FOREGOING DAMAGES THAT ARE EXCLUDED INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITIES, LEGAL FEES, OUT OF POCKET EXPENSES AND RIPPLE EFFECT DAMAGES SUCH AS PERSONNEL EXPENSES ASSOCIATED WITH RESCHEDULING PATIENT APPOINTMENTS OR OTHERWISE SERVICING PATIENTS. If any remedy fails of its essential purpose, the damage, warranty, and remedy exclusions and limitations in these Terms still apply.
- Limitation of Liability and Exclusive Remedy. CUSTOMER'S EXCLUSIVE REMEDY FOR ANY LIABILITY OF FFF RELATING TO THE FFF ITEMS (AS DEFINED ABOVE) SHALL BE, AT FFF'S OPTION, one or more of the following:
- Repair, return, or replacement of any or all of the product
- If FFF becomes aware that delivery will not occur on or before the delivery date because FFF is not able to timely tender product to a carrier for delivery, FFF will offer customer an opportunity to either consent to a delay in shipping, or cancel the order and receive a full refund. It FFF notifies customer of a delayed delivery date which is 30 days or less after the original delivery date and does not receive notice that customer wishes to cancel before the product is shipped, customer will be deemed to have accepted the delayed delivery date;
- If (i) FFF has provided customer with notice of delayed delivery date that is more than 30 days after the original delivery date, or provided customer with notice that it does not know when it can deliver the product; (ii) customer has not previously agreed to a delayed delivery date that is more than 30 days after the original delivery date; and (iii) FFF does not tender the product to a carrier for delivery within 30 days after the original delivery date, the order will be deemed to have been cancelled and FFF will refund the amount actually prepaid to FFF for the non-delivered product.
- Withhold or seek return of delivery of all or part of the products ordered
- Require customer to accept the products ordered and to pay the balance of the amount due and any collection costs or attorney's fees associated with collection of the unpaid balance
- Cancel the entire, unshipped order and deduct a reservation/administrative fee in the amount of 10% of the purchase price from customer's deposit
- Retain customer's deposit and any other balances that customer has paid and ship products fully paid for by those balances
- Avail itself of the remedies provided to sellers of product under the Uniform Commercial Code and other applicable laws
Last Updated: May 31, 2019