Agreement

Welcome to SakoMed, LLC.  (hereinafter “Company” or “Site”).

By using this Site, you agree to be bound by, and to comply with, these Terms and Conditions. By using this site, you also agree to comply with all rules and guidelines posted on the Site pertaining to any Product or Service we offer. The rules and guidelines posted are hereby incorporated by reference into these Terms and Conditions. If you are not satisfied with the site, its content, Terms and Conditions, and or any legal notices, please notify us immediately and or discontinue using the site.

PLEASE NOTE: We reserve the right, at our sole discretion, to modify, change, or alter these Terms and Conditions at any time. Amendments will become effective immediately unless otherwise indicated. Please review the Terms and Conditions periodically as changes can occur without any notice. Whether or not you review the Terms and Conditions, your continued use of the site following the posting of changes and or modifications will constitute your acceptance.

These terms contain legal obligations please read them carefully.

 

1. ONLINE STORE TERMS
   By agreeing to these Terms of Service, you represent that you are at least the age of majority 18 years or older in the United States of America, and or the age of majority in your state or province of residence. You are authorizing and giving us your consent to allow any of your minor dependents to use this site.
   You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   You are not authorized to purchase our products for resale unless you are an authorized vendor or service center. You may not use our product description listed on the website which may contain an error.
2. GENERAL CONDITIONS
   We reserve the right to refuse Service to anyone for any reason at any time.
   You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
   You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
3. OUT STATE PURCHASES AND END USER TAX
   It is your responsibility, and we ask that you please adhere to your local state and city tax regulations for use and or storage fees taxes. (If applicable) SakoMed is not and will not be held responsible for taxes owed on products purchased on our site for personal/company/private use.
4. SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
   All prices of our products and services are subject to change without prior notice. We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be held liable to you or any third-party for any changes or modifications, in price, suspension or discontinuance of the part or service.
5. SECTION 5 – PRODUCTS OR SERVICES
   There are certain products or services that may be available exclusively online through the website. These products or services may have limited quantities availability and are subject to return or exchange only according to our Refund Policy.
   Every effort is made as accurately as possible to display the colors and images that appear on the site. We cannot guarantee that your computer monitor may display the color accurately.
   We reserve the rights, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. (Special discounts and offers included.) Descriptions of products or product pricing are subject to change at any time without any notice, at the sole discretion of SakoMed. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
   We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. We will make it to the best of our ability to exceed or satisfy your expectations.
6. SERVICE:  SakoMed will service equipment and devices for the flat-rate charge if stated on the Service Report and or Estimates Form. If the service is based off labor and parts and is not covered by the flat-rate service charges SakoMed will ask for customer’s approval of estimate via email, phone, or fax. If you do not agree to the parts and labor charge for the repair SakoMed will return the product and will charge a diagnostic fee, applicable sales tax, and any shipping cost. SakoMed reserves the right to use new, used, or refurbished parts or products for your repair unless specifically specified. SakoMed may also exchange the product with a new, used, and or refurbished product at SakoMed sole discretion.
7. SERVICE EXCLUSIONS: The flat-rate repair service does not cover cosmetic damage, damage due to accident, abuse, neglect, misuse, unauthorized modification, extreme environment, extreme physical or electrical stress or interference, fluctuation or surges of electrical power, lightning, static electricity, fire, acts of God or other external causes. SakoMed reserves the right to refuse service for such damage. In such an event, SakoMed may return the product to you without servicing it, and may charge you a diagnostic fee, applicable tax, and shipping.
8. WARRANTY: What does SakoMed warranty cover? In servicing equipment, SakoMed warrants
   1. Service will be performed in a workmanlike manner
   2. All parts or products used in the service will be free from defects in materials and workmanship for the warranty period.
   3. Entire repaired or replaced product will be free from defects in materials and workmanship during the warranty period from the date of service

   This warranty is an express limited warranty. If non-conforming service is provided, or a defect arises in a replacement part or product during the warranty period, or a new defect arises in the repaired or replacement product during the warranty period repair assurance period, at its option, SakoMed will:

   1. Repair the part or product, using new, used, or refurbished replacement parts,
   2. Replace the part or product with a new, used or refurbished equivalent part or product,
   3. Lastly, if the part can no longer be repaired SakoMed will refund cost of part minus the labor/diagnostic fee

   Warranty (“Out of Box Failure”): Customer agrees to notify SakoMed, within (3) days to determine if “Out of box failure” exists. Customer agrees to report out-of-box failures within a reasonable time. Any claims made outside of the warranty period will be considered a new repair and is subject to diagnostic, service, and repair fees.

9. REFUND POLICY FOR SALES
   1. New – All unopened and sealed items may be returned within 7 business days and a 25% Restocking Fee will be charged. The new product must be sealed and in the original manufacture shipping packaging. If a seal is broken it will be considered as used and may not be accepted as a return.
   2. Recertified – Unit is in functioning and operational stage. (30 Day warranty unless otherwise expressed) 25% Restocking Fee
   3. Used –
   4. As Is or Final Sale – product made not be returned or exchange NO Refunds will be given.
10. REFUND POLICY FOR REPAIRS
    1. Repairs – All repairs come with a 30-Day Warranty on (New Parts and Labor)
    2. SakoMed will make every effort to repair the device if it is deemed non-repairable. SakoMed will refund you any new parts that can be used with a 25% Restocking Fee. Unfortunately, we are not able to refund you any labor cost associated with the original repair.
11. MODIFICATIONS TO THE SERVICE AND PRICES
    Prices for our products are subject to change without notice or notifications.
    We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of parts, devices, or service.
12. COMMUNICATIONS

    When you visit SakoMed online, purchase products or services through the Site, or instigate contact through our customer service department, you are communicating with us electronically. We will also communicate with you via email, phone, mail or by posting notices on and/or updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    Communication via email can always be convenient, however, there are risks and conditions that you agree to.

    Here are some risks of emailing and communicating by email.

    • Email may spread computer viruses.
    • Email may be forwarded, printed, and stored on paper and received by unintended recipients.
    • Email copies may exist even after deleted.
    • Email may be intercepted, altered, or used without detection.

    Here at SakoMed, we welcome your feedback about the Site. Any comments, ideas, notes, messages, suggestions, or other communications sent to the Site shall be and remain the exclusive property of SakoMed. We may use all such communications in any manner, including reproducing, disclosing, and publishing such communications, all without compensation to you.

13. ELIGIBILITY
    SakoMed does not intend the Site to be used by individuals under the age of 18 (a “Minor”) without the supervision of a parent or guardian 18 years of age or older (a “Guardian”). SakoMed relies upon Guardians to determine if any content or items available on the Site is inappropriate for the viewing, access or purchase by such minors. If a User is a Minor, he/she may use the Site only under the supervision of a Guardian. If you are making a purchase on behalf of a business or third party through the Site, you must have the authority to bind them to these Site Terms and Conditions.

    By entering any information on this Site, you represent and warrant that you: (i) are at least 18 years of age or are using the site under the supervision of a Guardian; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information; (iv) any billing address and phone number You provide will be the address and phone number Your credit card bank has on file for you; (v) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; and (vi) are not using the Site for any improper purpose. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.

14. BILLING AND ACCOUNT INFORMATION
    We reserve the right to refuse any order or service you place with us. We may limit and cancel quantities purchased per person, per household or per order at our sole discretion without any notice.

    Restrictions may include orders placed under the same name, account, billing and/or shipping address. In the event we decide to edit, make a change, cancel, or adjust an order, we may attempt to notify you by contacting via email, phone number and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

    You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

15. ACCOUNT USERNAME AND PASSWORD
    User accepts full responsibility for (i) keeping his or her account password confidential and secured, (ii) restricting access to such Users computer; and (iii) keeping the e-mail address associated with that account current. Users accept full responsibility for all activities that occur within such Users account. You must notify us immediately of any suspicion activity or unauthorize use of your account. SakoMed will not be responsible for any loss or damage arising from your failure. We reserve the right to change or delete or make any necessary changes to the username or password. We may also terminate or suspend your use of the account at any time. You are personally liable for any orders placed under your account and any charges you incur prior to termination.

16. SHIPPING
    SakoMed, will make best efforts to ship merchandise within 3-5 days of the receipt of a properly completed and paid order. While this is only an estimate shipping time may fluctuate you will be advised. If a package is shipped international waiting and processing times may be greater. In case a dispute may happen, we have a 15-business day waiting period before any product will be re-sent in the USA. International orders may take longer since tracking can be affected by customs and or weather. (30-45 days) is the standard waiting period for international orders. SakoMed shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery. Unless SakoMed is responsible for the shipping and handling we will not open a claim with any transportation company, it is your sole responsibility

    (PRE-PAID SHIPPING / LABEL / INSURANCE)
    Insurance: SakoMed offers our customers the option of sending in a pre-paid transit label. While this is convenient for our customers, SakoMed is not responsible for packages that are mishandled, misdelivered and damaged in transit. It is your obligation to make sure that the proper insurance is added to the package when sending in a pre-paid shipping label. SakoMed will not be responsible for packages delivered to wrong addresses, please make sure your address is correct and verified before sending the label. SakoMed will not be responsible for packages that are damaged and not fully insured in shipping and handling.

17. CONFIRMING, CANCELING & CHANGING YOUR ORDER/ORDERS
    For orders that have already been shipped, you are able to confirm the date and shipping method. With the tracking number you may be able to track packages and get an estimated date of arrival. If you need to make a change, please call (844) 433-7256 or email [email protected] immediately. Unless cancelled in a timely manner and packaged has left our facility we will not be able to credit the shipping and handling charges.

18. INDEMNIFICATION
    You agree to indemnify, defend and hold harmless SakoMed and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
19. SEVERABILITY
    In the event that any provision of these Terms of Service is determined to be void, unenforceable, unlawful, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the remainder of this Agreement, which shall continue to be in force.

20. PLACE OF PERFORMANCE
    You understand and agree that Company does business primarily in the State of California. Company does not own or operate any facilities outside of California. References to any Company product or service do not constitute an offer to sell or supply that product or service, nor does it mean that the product or service is available in all jurisdictions. Those who choose to access this site from locations outside California do so at their own initiative and are responsible for compliance with all applicable local laws.

21. GOVERNING LAW
    Any agreement or terms of service we provide you services shall be governed by and construed in accordance with the laws of the United States.

22. CHANGES TO TERMS OF SERVICE
    We reserve the right, at our sole discretion, to modify, change, or alter these Terms and Conditions at any time. Amendments will become effective immediately unless otherwise indicated. Please review the Terms and Conditions periodically as changes can occur without any notice. Whether or not you review the Terms and Conditions, your continued use of the site following the posting of changes and or modifications will constitute your acceptance.

23. TERMINATION
    Any obligations or liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement for all purposes. You may choose to terminate these Terms and Service at any time by notifying us via email, phone, fax, or when you cease using our site.

    If we suspect that you have failed or in our sole judgement you fail to comply with any provision or term, we may terminate this agreement at time without notice. You will be liable for all amounts due up to the termination date. We may deny you access to our services (or any part thereof).

24. CONTACT INFORMATION
    Any questions or suggestions about the Terms and Conditions should be sent to us at [email protected] or by Calling (844) 433-7256