Terms & Conditions
Please read the following statement below regarding Geniatech’s terms and conditions of our Web site and related sales.
The following are the Terms and Conditions of sale (“Terms and Conditions”) applicable to sales of products and services (“Products”) by Geniatech USA LLC. (“Geniatech”) or any and all use of the http://shop.geniatech.us.website by the website user or buyer (“You” or “Customer”). These terms shall govern the sale of Geniatech Products and the support thereof. In no event shall any conflicting or additional terms set forth in Customer’s purchase order (or any other document provided by Customer) apply to Geniatech’s sale of Products to Customer unless expressly agreed to in a separate written agreement signed by both Geniatech and Customer.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM GENIATECH OR MAKING ANY USE OF GENIATECH’S WEBSITE AT http://shop.geniatech.us (THE “GENIATECH SITE”). BY PURCHASING ANY PRODUCTS FROM GENIATECH, OR BY USING THE GENIATECH SITE, CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. Geniatech reserves the right, at its discretion, to change these Terms and Conditions at any time.
1. Geniatech Content: Customer acknowledges and agrees that all information and materials contained in the Geniatech Site or other Geniatech promotional or marketing materials, case studies, documentation accessible from the Site, trade names, trademarks or other intellectual property are Seller’s exclusive property or the property of its licensors (the “Geniatech Content”). Except as permitted in this Section 1 below, no Geniatech Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer may use and download Geniatech Content in connection with Customer’s use of the Geniatech Site to evaluate and purchase Products. In all circumstances, however, Customer agrees to: (i) keep intact all copyright, brand, trade name, trademark and other proprietary or intellectual property rights or notices, (ii) make no modifications to the Geniatech Content, and (iii) not download any quantities of Geniatech Content to a database server, or other computer that can be used to avoid future use of and/or downloads from the Geniatech Site or for any other purpose, commercial or otherwise, except as is set forth herein or may be expressly agreed to in writing by Geniatech.
2.Pricing: Retail prices for Products are available on the Geniatech Site. Customers may request a quote for volume orders of 5 or more units (“Volume Orders”). If a quote is issued by Geniatech, pricing is valid for 7 days unless otherwise noted, and does not include shipping. Prices are for minimum order quantities as stated. Prices are FOBshenzhen China, | Email: email@example.com.
3.Payment Terms: Geniatech accepts PayPal only at the present.. Geniatech may accept International Credit Cards, Check, Purchase Orders, and extends terms on a case-by-case basis and at Geniatech’s sole discretion. Geniatech accepts wire transfers on orders over $500.00 Customer agrees to pay applicable taxes, if any, including value-added, excise, all state and local sales and/or use taxes and personal property taxes, and any customs duties or charges imposed. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is shipped. Orders from International customers may be subject to customs duties and/or brokerage fees. Geniatech requires payment prior to shipment. In the event Geniatech grants credit terms, such term shall begin upon the earlier of the shipping date or invoice date. Any sum not paid by Customer when due shall bear interest until paid at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. If Geniatech brings an action for breach of these Terms and Conditions, including any action to enforce its right to payment, Customer shall be liable for Geniatech’s reasonable attorneys’ fees, costs, and expenses incurred in connection with such action.
4.Shipping: Customer is responsible for all shipping and insurance charges. Geniatech will ship anywhere in the U.S., Canada and, at its discretion and under specific terms, to other international destinations. Provided items ordered are in stock, orders for Products usually ship out within two business day and shipping method is UPS/DHL/Fedex, but this is not guaranteed. Orders are out of stock usually require 3-5 full business days for building and testing. Volume Orders may take longer.
Shipping and delivery dates are not guaranteed. Orders can be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Tracking numbers will automatically be sent to the Customer when the order has shipped. Geniatech does not process or ship orders on weekends or national holidays. Geniatech reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges are non-refundable.
Bill and Hold: Any request by Customer to delay shipment of finished Products ready for shipment must be submitted to Geniatech in writing and must include the reasons for the request and a desired specific shipment date. Such requests shall be subject to approval by Geniatech, which shall not be unreasonably withheld if, in the sole discretion of Geniatech, it is practical to delay shipping, or the Products will be shipped to the designated address or location originally requested by Customer. Notwithstanding any language to the contrary in this Agreement, in the event of a request and approval to delay shipping of finished goods, Customer agrees and understands Transfer of Title and Risk of Loss to Products passes from Geniatech to Customer effective from the time of the request. Any such delay of shipment of finished goods shall not delay any and all payment terms and obligations.
5.Refunds & Returns
Our Returns Policy
It is important that you check your order or items upon receipt and always before use. If any errors occur or issues arise then these need to be reported to us immediately so we can investigate.
Before attempting to return an order you will need to contact our customer service team to request a returns authorization number. Without this number it can be difficult to process your return meaning the process may take longer.
You have the right to cancel this contract within 7 days without giving reason.But all changes or cancellations must occur before the order is processed by the Geniatech accounting department. Cancellation requests after this time may result in a cancellation fee of 5% on material cost.
The cancellation period will expire after 7 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires physical possession of the goods.
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. by selecting the appropriate option in your account ). You may use the example model cancellation form below, but it is not obligatory.Unauthorized returns will be refused and returned to sender.
Please ensure that the items you are returning are unopened and in any original packaging. Unwanted goods need to be in pristine condition with any retail seals unbroken.
If you cancel this contract, we will reimburse to you the purchase price(excluding the cost of delivery), within 14 days after we have received the returned item back and confirm that it meets below conditions.
We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. You will have to bear the direct cost of returning the goods.
Cancellation are not accetped outside North America
Model Cancellation Form
I hereby give notice that I cancel my contract of sale of the following goods:
Name of customer:
Address of customer:
Signature of customer (only if sent by paper):
Receiving damaged item
Although we take care to prevent any damage to your goods during transit it is possible that problems may arise. Please accept our apologies if you have received a damaged item.
We ask that you do not refuse delivery, instead accept the goods and contact us immediately. Refusal may actually result in a delay of the parcel being returned.
Please attach any pictures you have of the damage to the message. A member of our team will review the details and offer the best resolution to resolve your query.
Receiving incorrect item
We have high standards when it comes to packaging your order however mistakes, do occur from time to time. Please accept our apologies if you have received an incorrect item. As part of our customer objectives, we will do our upmost to resolve your query with speed, ease and with absolute minimal inconvenience.
We will review each case individually when considering the return of the product; in some cases we may require further information such as pictures so we can choose the best course of action. Our aim is to provide the best solution for you as quickly as possible.
Report a fault with Item(Repair&Exchange)
The product(excluding accessories) sold by Geniatech are 12 months warranty(please check Section 11 for Warranties). Customer can send email to firstname.lastname@example.org to check the problem first.We will review each case individually when considering the return of the product; in some cases we may require further information such as pictures so we can choose the best course of action. If customers receiving our confirmation to return the unit, customer can return the product directly to our after sales service. After 30 days from ship date, Geniatech will return unit to the customer.For warranty repairs, customer must bear shipping cost to Geniatech.
The warranty will be void if there is evidence of damage, misuse, or modification by customer. The warranty dose not extend to the following: final sale items and software. Our aim is to provide the best solution for you as quickly as possible.
Return for Refund:
Subject to the exceptions and fees below, Customer may return Products for its convenience for a refund within
14 days of the ship date. Shipping charges are non-refundable. Except in the event of a shipping error, Customers are responsible for the cost of shipping items back to Geniatech. The following Products and Fees are non-returnable and non-refundable:
● Products that have been defaced, modified, or physically damaged
● Products that have become non-functional due to user error or virus
● Products that have the warranty label/mark or serial number removed or altered by Customer
● Products returned without original retail packaging, or accessories (manual, CDs, cables, remote, PSU etc.)
6.Force Majeure: Delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non-performance is caused by Force Majeure. For purposes of this Agreement, “Force Majeure” shall mean any cause preventing performance of an obligation under this Agreement (except for the payment of money) which is beyond the reasonable control of either party hereto, and which by the exercise of reasonable and customary due diligence, could not have been avoided or overcome, including without limitation, fire, flood, sabotage, shipwreck, embargo, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts, tariffs, duties or other obligations imposed based on laws or regulations now in existence as well as those enacted in the future), acts of God, and delays or failure in obtaining components from suppliers, raw materials or transportation.
7.Backorder Policy: Products marked “Out of Stock” or “Expected” on the Geniatech Site can still be ordered. Credit card charges will not occur until the order is scheduled to ship. In the event that an item ordered is out of stock, Geniatech will notify Customer and provide updates as necessary. Availability of out-of-stock items is dependent upon the manufacturer.Geniatech will not split orders unless the Customer requests a split shipment and provides payment for each shipment.
8.Warranties: Except when otherwise noted on the Geniatech Site, Geniatech warrants that, all Products will be free from defects in materials and workmanship for 12 months(accessories for 6 months warranty only). Extended warranties may be available on select Products but any extended warranties will apply only if (i) expressly set forth in writing by Geniatech and (ii) paid for by Customer. If the unit appears to be non-functioning or defective, read this section and send an inquiry to email@example.com. A Geniatech technician will contact you to discuss your issue and options.
If the Product is under warranty at the time Customer submits a warranty claim to Geniatech, and the warranty has not been voided, Geniatech will, at its sole option, either repair or replace the Product. In the case of discontinued items or those approaching end of life, a comparable replacement as determined by Geniatech, may be provided. The foregoing shall be Customer’s sole remedy and Geniatech’s sole liability under any warranty claim.
The warranty will be void if there is evidence of damage, misuse, or modification by the Customer. To avoid confusion between the parties, in the context of this clause, the meaning of “misuse” may include, but shall not be limited to any use or modification of the Products, whether in and of itself or in combination with other devices, software, application or environment which exceeds, or is outside the scope of the technical specifications or performance capabilities of the product and/or applications, as expressly stated in any product instructions, technical manuals, specifications or that which is or was expressly disclosed to and mutually understood and agreed to between the parties at the time of sale. The warranty does not extend to the following Products: closeout items, 3rd party software and firmware. For warranty repairs, International customers must bear shipping costs to and from Geniatech and any duties, taxes, or brokerage fees associated with the RMA.
When items returned for repair are found to be working or when the warranty has been voided, the cost of shipping back to the Customer will be charged to the Customer. Prior to sending the items for repair, customers should backup all valuable data.
9.DISCLAIMER AND LIMITATION OF WARRANTIES: EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN SECTION 10 ABOVE, ALL PRODUCTS ARE PROVIDED STRICTLY “AS IS,” WITHOUT ANYWARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AGAINST INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
This disclaimer and exclusion shall apply even if the express warranty and limited remedy set forth above fails of its essential purpose. The warranty provided is subject to the limitation of liability and waiver of consequential and other damages set forth in Sections 12 and 13, respectively, below. The Products are not designed, intended or licensed for use in hazardous environments or applications requiring fail-safe or mission-critical controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, autonomous vehicle navigation, control or safety systems, medical devices, whether or not subject to FDA, EMA or other governmental agency or regulatory oversight, life support or weapons systems. Geniatech specifically disclaims any express or implied warranty of fitness for such purposes. No oral or written information or advice given by Geniatech, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of any warranty provided in the Agreement.
10.Limitation on Liability: THE AGGREGATE LIABILITY OF GENIATECH, ITS SUPPLIERS AND ITS SUBCONTRACTORS IN CONNECTION WITH ANY CLAIM WHATSOEVER BROUGHT UNDER OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER TO Geniatech FOR THE PRODUCTS THAT GAVE RISE TO SUCH LIABILITY. THE LIABILITY OF GENIATECH, ITS SUPPLIERS AND ITS SUBCONTRACTORS SHALL BE CUMULATIVE AND NOT PER INCIDENT.
11. Waiver of Consequential and Other Damages: IN NO EVENT SHALL EITHER GENIATECH, ITS SUPPLIERS OR ITS SUBCONTRACTORS BE LIABLE FOR ANY COSTS OR EXPENSES FOR THE PROCUREMENT OF SUBSTITUTE EQUIPMENT, ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR ANY INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING IN ANY WAY OUT OF THE AGREEMENT OR THE TERMINATION THEREOF, EVEN IF GENIATECH, ITS SUPPLIERS OR SUBCONTRACTORS HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THE AGREEMENT.
Geniatech will never sell or rent your personal information. Information provided is used solely for the fulfillment of your order and possible promotional notifications from Geniatech. The Geniatech Newsletter provides Customers with product updates, promotions, etc. Customers may unsubscribe to the newsletter at any time.
The cookie saves information relative to the specific device used. However, this does not mean that we can receive direct information about your identity.
One of the reasons for using cookies is to make using our services easier for you. For example, we use what are known as session cookies to see which individual pages of our website you have already visited. These are automatically deleted when you leave our website.
We also use temporary cookies in order to optimise user-friendliness, these are stored on your device for a specific period of time. If you visit our website again in order to use our services, it is automatically detected that you have visited us before and what input and settings were provided, so that you do not need to repeat them.
The data processed by the cookies is required for the above purposes and to preserve our justified interests and those of third parties in accordance with art. 6, para. 1, clause 1, letter f GDPR.
Most browsers accept cookies automatically. However, you can configure your browser not to save cookies on your computer or to always display a notification before saving a new cookie. But disabling cookies completely may mean that you cannot use all the functions on our website.
14.Acceptance of Orders: Geniatech holds the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify Geniatech’s acceptance of an order or confirmation of Geniatech’s offer to sell. Terms of payment are at the discretion of Geniatech. In the event of incorrect pricing or information due to typographical error, Geniatech can refuse or cancel the order. In this case, a refund will be issued immediately. Geniatech reserves the right to make exceptions to these Terms and Conditions.
15.Insurance: Geniatech has, for itself and any permitted subcontractor it engages, procured and will maintain with an insurance carrier, at Geniatech’s expense, insurance coverages for General Liability, Personal Injury and Automobile Liability, in coverage amounts commensurate for Geniatech’s industry.
16.Indemnification: Customer assumes all responsibility and liability for injury or damages resulting from its handling, possession, use or sale of Products supplied hereunder, including, but not limited to any injury or damage resulting from the use of Products in combination with other products, and agrees to hold harmless, defend and indemnify Geniatech, its contractors and subcontractors, from and against all claims, losses, liabilities and expenses (including attorney’s fees and other litigation or settlement costs) arising out of such handling, possession, use or sale. The foregoing duty of Customer to hold harmless, defend and indemnify Geniatech shall not apply to the extent such claim, loss, liability or expense results from the willful misconduct or gross negligence of Geniatech.
17.Relationship: Geniatech and Customer are independent from each other. No relationship of principal to agent, master or servant, employer to employee, or franchisor to franchisee is established hereby between us. Neither has the authority to bind the other or incur any obligation on behalf of the other.
18.Applicable Law: Any dispute arising from the services will be governed by, and construed in accordance with, the laws of the State of Vermont (excluding the United Nations Convention on Contracts for the International Sale of Goods) without regard to conflict of laws principles. Any proceeding brought under or related to these Terms and Conditions shall be brought solely and exclusively in the state and federal courts located within the State of Indiana, and the parties expressly consent to the exclusive jurisdiction of such courts.
19. Notices: Any notice, communication or statement required or permitted to be given hereunder shall be in writing and deemed to have been sufficiently given when delivered in person, by registered or certified mail, postage prepaid, return receipt requested, or by reputable overnight carrier. Notices to Geniatech shall be directed to Geniatech USA LLC and notices to Customer shall be directed to the address listed in the Customer order to which these Terms and Conditions apply, or to such other address or addresses as either party may hereafter designate in writing