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Terms of Service

 

Effective Date of Terms and Conditions; Modification

These Terms and Conditions of Sale (“Terms”) are effective for all Purchase Orders (defined below) placed by any buyer (“Buyer”) with Community Health Trilogy Inc (“Community Health” or “CHT” or “Community Health Trilogy” ) on or after April 1, 2020 (the “Effective Date”).  Unless otherwise agreed to in writing by Community Health Trilogy, on or after the Effective Date, these Terms will supersede all prior terms and conditions regarding the purchase by Buyer and sale by Community Health Trilogy Inc of any and all medical supplies or personal protective equipment (“PPE”) sold by CHT  (the “Products”).  Community Health Trilogy reserves the right to further modify these Terms from time to time (the “Modified Terms) either upon written notification to Buyer by electronic mail or by posting any changes to the Community Health website: www.communityhealthtrilogy.com (the “CHT Website”). The Terms contained on the CHT Website shall be the most current Terms and shall be effective for any Purchase Orders placed after such modification is published thereon. In the event of an inconsistency between these Terms and the current Terms contained on the CHT Website, the current Terms shall apply. BUYER SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND ANY MODIFIED TERMS UPON THE EARLIER TO OCCUR OF (I) BUYER SIGNING OR OTHERWISE AUTHENTICATING A PURCHASE ORDER OR (II) BUYER CONTINUING TO USE THE COMMUNITY HEALTH WEBSITE AND/OR PLACING A PURCHASE ORDER WITH CHT BY ANY METHOD AFTER THE APPLICABLE EFFECTIVE DATE.  Please note that by accessing or using any part of the CHT Website or placing any Purchase Orders, Buyer agrees that Buyer has read, understands, and agrees to be bound by these Terms and any Modified Terms. If Buyer does not agree to be so bound, Buyer should not use or access the Website or Place any Purchase Orders.  

Purchase Orders

Buyer may order Products by completing a CHT purchase application available to Buyer by telephone or by visiting the Community Health Trilogy Inc Website. The Purchase Order must include (1) contact information including name, company, phone number and email address, (2) shipping information including name and address; (3) type and quantity of Products; and (4) payment information. If the Products are being paid for by credit card, a separate paypal invoice will be sent to the buyer’s email.  All Purchase Orders are subject to acceptance by CHT at its sole discretion. Any terms or conditions in any Purchase Order that are inconsistent with or are in addition to these Terms or any Modified Terms shall be null and void. CHT shall use reasonable efforts to timely deliver orders accepted by CHT subject to availability, demand, inventory and other factors.  

Payment Terms

Buyer must pay for all Products upon execution of a Purchase Order.  Any payment not made when due shall accrue interest up to the rate of 1% per month (12% A.P.R.) until paid in full. If payment is by check, such check shall be made out to Community Health Trilogy Inc and delivered to Community Health at 901 N Penn St. Philadelphia, PA 19123.  No Purchase Order shall be deemed effective or accepted until two (2) days after such check is received by CHT.  

Delivery

The Products will be shipped to the destination specified by Buyer on a Purchase Order.  All shipping dates are approximate only, and CHT will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver, when such delay or failure is due to any cause beyond CHT’s reasonable control.  In the event of a delay beyond CHT’s reasonable control, CHT reserves the right to terminate the order or to reschedule shipment within a reasonable time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations or to a refund as the result of such delay.  Orders in process may be cancelled or modified by Buyer only with Seller’s written consent. Neither credit nor a refund shall be allowed for Products returned or cancelled without the prior written consent of CHT. 

Warranty

Products delivered by CHT are obtained by CHT from an original manufacturer or third party supplier and are not warranted by CHT, but CHT agrees to assign to Buyer any warranty rights in such Product that CHT may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier.  
IN THE EVENT BUYER RECEIVES A DEFECTIVE OR NONCONFORMING PRODUCT, BUYER SHALL NOTIFY CHT WITHIN THREE DAYS OF DELIVERY OF SUCH DEFECTIVE OR NONCONFORMING PRODUCT. CHT WILL WORK WITH SHIPPER AND SELLER ON EXCHANGES, OR REFUNDS. IN THE EVENT THE SITUATION IS STILL NOT SOLVED, CHT WILL DIRECTLY CONNECT THE BUYER WITH WHOM CHT BROKERED THE PRODUCTS FOR.  CHT IS RESPONSIBLE FOR PROMPT COMMUNICATION WITH BUYER AND SELLER WHEN AN ORDER IS NOT CORRECT. HOWEVER, COMMUNITY HEALTH TRILOGY INC IS NOT RESPONSIBLE FOR DIRECT REFUND OR REPLACEMENT OF GOODS AS CHT IS SERVING AS BROKER BETWEEN BUYER (Customer) WITH SELLER (Supplier). 
EXCEPT AS EXPRESSED IN THIS WARRANTY STATEMENT, CHT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. COMMUNITY HEALTH TRILOGY INC DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.

Indemnification

Buyer shall indemnify, defend with competent and experienced counsel and hold harmless CHT, its parent, subsidiaries or affiliates, and their respective officers, directors, shareholders, members and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees and costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer; (ii) use of a Product in combination with equipment not supplied by CHT; (iii) use of a Product in an application or environment for which it was not designed; or (iv) modifications of a Product.  

Miscellaneous

Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller’s prior written consent, and any such attempted delegation or assignment shall be void. The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Colorado. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the City and County of Philadelphia, Pennsylvania in any action arising out of or relating to these Terms and waives any other venue to which it may be entitled by domicile or otherwise.  In the event of any legal proceeding between Community Health Trilogy Inc and Buyer relating to this Agreement, the prevailing party shall be entitled to collect from the non-prevailing party reasonable attorneys’ fees and costs.  

 

 

 

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