Products, Education and Rehabilitation Solutions

      Terms & Conditions

      The following are the terms and conditions under which MOBILITY RESEARCH (Seller) shall quote for sale or sell Products to any person offering to purchase or purchasing the Products (Purchaser). These terms and conditions supersede all prior quotations, proforma invoices, proposals, negotiations, and representations if any. In the event that this document is deemed to be an offer, acceptance is expressly conditioned on Purchaser’s assent to all terms hereof, including those which are additional to or different from the terms contained in any of the terms and conditions of the Purchaser. If these terms and conditions are not assented to, Purchaser must specifically object in writing to Seller at once, but in any event within five days after receipt hereof. Mere tender of Purchaser’s terms does not constitute a specific objection. Acceptance of the Products sold hereunder shall constitute assent to these conditions. Seller hereby objects to and rejects any and all additional or different terms proposed by Purchaser, no matter where contained.

      General Terms & Ordering

      Prices

      Seller reserves the right to invoice the Products at the prices in effect at the time of final confirmation of the purchase order. Seller’s price does not include any present or future customs duties, sales, use, excise, value added, or other municipal, state or federal taxes. Purchaser agrees to reimburse Seller for any and all taxes and fees or costs for approvals which may become payable with respect to Purchaser’s purchase or use of the Products.

      Terms of Payment

      Purchaser shall pay to Seller the price of the Products, in accordance with the payment terms per (accompanying) quote, and absent any other specific arrangements between Purchaser and Seller, payment is due at 3156 W. Lewis Avenue, Phoenix, AZ 85009. Credit Card payments are processed only for orders under $2500. Check, ACH, and wire transfers are the only accepted forms of Payment for invoices over $2500. Rental payments, Parts & Service invoices, and Sales invoices under $2500 may be paid with Credit Card. Prices invoiced reflect terms. Purchaser waives any right to reduce any amount due by means of counterclaims or setoff of any kind whatsoever. An additional charge of five percent above the prime rate as announced from time to time by Citibank, N.A. per month, may be added to any amount that is 30 days arrears of payment. If, at any time between the signing of the order and the completion of the transaction the financial condition of Purchaser does not reasonably justify adherence to the terms of payment previously agreed upon, Seller may require adequate assurance of Purchaser’s due performance and may suspend delivery until such assurance is received. All costs of collection including reasonable attorney’s fees, for amounts owed by Purchaser and outstanding, shall be the obligation of Purchaser.

      Acceptance of Orders

      All purchase orders are subject to acceptance at Seller’s office in Phoenix, AZ. No sales representative, agent, or employee of Seller is authorized to accept any purchase order. Such acceptance requires the approval of an authorized officer of Seller.

      Changes and Cancellations

      Orders accepted by Seller are not subject to changes, cancelation, or suspension, except with the Seller’s written consent, and then only on term that will indemnify Seller against any reasonable costs or losses incurred due to such change or cancellation.

      Agreement Modifications

      No terms or conditions other than those stated herein and no agreement or understanding, oral or written, purporting to modify these terms and conditions shall be binding on Seller unless hereafter made in writing and signed by the authorized representative of Seller. Sale representatives and agents have no authority to make such agreements or modifications.

      No Modification or Waiver

      The failure or omission of Seller to insist in any instance, upon strict performance by Purchaser of any term or condition of this Agreement or to exercise any of its rights hereunder shall not be deemed a modification of any term hereof or a waiver or relinquishment of the future performance of any such term or condition by Seller, nor shall such failure or omission constitute a waiver of the right of Seller to insist upon future performance by Purchaser of any such term or condition.

      Shipping, Delivery & Returns

      Fulfillment Policy

      Most system orders are shipped within two weeks of order confirmation unless custom. Most parts and accessories are shipped within 3 business days of order confirmation unless on back order.

      Delayed Shipments

      Estimated ship date later than two weeks from order confirmation are communicated with customer ordering.

      Prepayment of a quotation using Credit Card or check constitutes order confirmation.

      Purchase orders received generate order confirmation emails. Signed quotation and a PO constitute order confirmation.

      Returns

      All orders can be canceled within two weeks of order received, as long as the order has not been shipped, at no cost or for full refund if prepaid.

      Refunds

      All orders returned to company within 4 weeks after delivery date, will receive a refund if prepaid equal to amount paid minus shipping costs and a 15% restocking fee.

      All orders with a PO will be billed for shipping costs and the restocking fee only once unit is returned to company within allowed time.

      All canceled website purchases shall incur a 3% credit card processing fee deduction from the total amount being refunded.

      Consignment/Rentals

      Consignment and rental units returned after rental agreement duration incur no restocking fee.

      Rental units returned before the end of rental term per contract will result in forfeiture of deposit and restocking fee.

      Delivery

      Seller shall not be liable for unavoidable delays in delivery caused directly or indirectly by causes beyond its control or which it cannot remedy without material economic hardship. In no event shall Seller be obligated to purchase goods from others in order to enable it to supply Products to Purchaser. In no event shall the contract of sale be subject to cancelation by the purchaser as a result of delays in delivery or for any other cause, except by mutual written agreement of the parties. Unless otherwise agreed in writing at the time an order is placed. Seller reserves the right to make partial shipments independently of the remaining portion of the order, and to submit invoices for partial shipments.

      Standard freight delivery has a determined amount of "free time" allowed to unload equipment. Freight carriers have set this time at 15 minutes. Charges will begin upon expiration of the applicable "free time" allowed and will end when the trailer/doubles is unloaded and is available for movement. Most carriers will invoice consignee for any delays delivering under driver detainment. Consignee will be responsible for the invoice.

      Product Warranty & Claims

      Warranty

      Seller warrants the Products to conform to written specifications (within the limitations explicit below) and to be free from defects in material or workmanship under normal use and service for the period of twelve months from the date of production. If the product should fail to conform to this agreement or to any warranty outlined herein, Purchaser’s remedies shall be limited to the repair or replacement, at Seller’s option, of the nonconforming products, or parts thereof. Purchaser shall return any defective Products or parts to the Seller’s service facilities freight and insurance prepaid, with an explanation of why the Product is being returned. If Seller accepts the Product as defective, and sends Purchaser a replacement product, then Seller will reimburse Purchaser for the reasonable costs of freight and insurance paid by Purchaser to send Seller the defective Product. No part may be returned without Seller’s prior approval. Purchaser shall bear all costs of labor and installation. Any defective Products or parts that have been replaced will be returned to Seller unless instructed otherwise and upon receipt will become Seller’s property.

      The foregoing warranties are exclusive and seller disclaims all other warranties, whether express or implied, written or oral, including warranties of merchantability and fitness for a particular purpose. The remedies provided in this section shall be the sole and exclusive remedies of Purchaser and of any other person with respect to breach of such warranties.

      The foregoing warranties shall not apply to parts not manufactured by MOBILITY RESEARCH; such products are sold as is. Seller is further not responsible for Products improperly installed, misapplied, improperly maintained or other acts of the Purchaser or any third person. The foregoing warranties shall not apply to any Product manufactured by MOBILITY RESEARCH that is modified. MOBILITY RESEARCH devices should never be modified and thus any modification will constitute a purposeful violation of safety requirements, and is an improper use of the Product.

      Upon receipt of Products, Purchaser is obligated to examine the products for defects or other deviation from the written contract between the parties. Any claims must be presented to Seller within ten days after delivery of the Products to Purchaser’s premises.

      Company will provide return label and pay for return of items replaced at no charge under warranty.

      Inspection and Claims

      Purchaser shall notify Seller of any claim or objection reasonably discoverable upon inspection of the Products, within ten days after delivery to Purchaser’s facilities. The retention of the Products by purchaser beyond this period, or the use of Products for any purpose whatsoever, shall constitute an unconditional acceptance of the same by Purchaser, with respect to such patent defects, and no claim or liability in this respect shall survive or be enforceable against Seller.

      Product Specifications and Alterations

      Seller reserves the right to alter the Products including after confirmation of order, provided that such changes do not render the Products useless. Technical specifications can never be met with infinite exactness and Products are created to be within five percent of any specification (where “within five percent” is defined as less than or equal to 5.490%). Any Product not meeting such specifications can be returned for a product that does satisfy such specifications at Seller’s costs.

      Product Use, Intellectual Property & Legal Requirements

      Approvals; Exclusion of Certain Claims

      The Purchaser is solely responsible for all governmental or other approvals required to use the Products or other items into which the Products are incorporated. MOBILITY RESEARCH products under no circumstances must be exported, re-exported, transshipped, or in any other way transported outside the United States or within the United States in such a way that violates applicable law.

      Intellectual Property and Copying

      Seller hereby licenses to Purchaser the intellectual property rights required to use the Product. The Product may not be copied nor provided to a third party for copying. The Purchaser shall indemnify Seller for all legal fees and expenses incurred by Seller to prevent such actions and/or protect Sellers intellectual property rights in the Products.

      Liability, Disputes & Additional Terms

      Limitation of Liability

      In no event shall seller be liable under this agreement or with respect to the Products or their use for any incidental, indirect, special or consequential damages, including but not limited to lost profits. Whether claimed on the basis of breach of contract or warranty, tort (including strict liability) or any other legal theory.

      Security Interest

      Purchaser hereby grants Seller a continuing security interest in any Products and in the proceeds thereof (including proceeds of sale or insurance) until the entire purchase price for the Product currently or previously sold to Purchaser is paid. Which shall include all late payment interest, legal fees and expenses required to enforce Seller’s rights and any costs, expenses, taxes, or other charges required to be paid by Purchaser. Purchaser specifically agrees that Seller may file one or more financing statements or other documents and take all action necessary or appropriate in order to create, perfect, preserve or enforce Seller’s security interest in the Product pursuant to the Uniform Commercial Code and other applicable law, and hereby grants to Seller a power of attorney to execute such statements or documents in Purchaser’s name Seller’s reasonable costs and expenses (including but not limited to attorney and court fees) for pursuing, searching for, receiving, taking, keeping, storing, advertising and selling the Products shall be paid by Purchaser, who shall remain liable for any deficiency resulting from the sale of the Products and shall pay any such deficiency forthwith on demand. The requirement of reasonable notice of sale shall be met if such notice is mailed and addressed to Purchaser at its last address appearing on Seller’s records at least ten days prior to the date of sale.

      Applicable Law and Venue

      This agreement shall be governed by and construed in accordance with the laws of the State of Arizona without regard to the principles of conflicts of laws. Exclusive jurisdiction and venue of any dispute arising out of or with respect to this Agreement or otherwise relating to the commercial relationships of the parties shall be vested in the Federal and/or State courts located in the City of Phoenix, as shall have jurisdiction over the subject matter hereof and to the extent permitted by law all parties hereto consent to such jurisdiction and venue; provided, however, that if such a court finds that it lacks jurisdiction or venue, any party hereto may pursue its claim in another court where jurisdiction and venue are appropriate.

      Webinars and ELP

      Both webinars and ELP are non-refundable. If a webinar does not meet the expectations of attendee a credit towards another class will be awarded provided explanation of said expectations are in written form.

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