Pricing

Prices are subject to change without notice. All prices are EXW per Incoterms. Shipping, handling and insurance charges can be quoted at time of order upon request.

ordering

AMERICAN BIONIC accepts orders through phone, fax or email. When ordering, please specify the quantity and model number and describe the item in detail. Be sure to include shipping and billing addresses  (if different). All orders received from customers shall be deemed to be an acceptance by the customer of AMERICAN BIONIC standard policies and conditions. When your order is accepted by AMERICAN BIONIC, you will receive confirmation from Customer Service.

Payment Terms

AMERICAN BIONIC standard payment terms are valid for 30 days from date of invoice, unless otherwise agreed in writing or required by AMERICAN BIONIC. AMERICAN BIONIC accepts payments by check or wire transfer. Non-standard product orders  require payment in advance. Non-standard products are not refundable, unless otherwise agreed in writing or required by AMERICAN BIONIC.  If any payment is past due, AMERICAN BIONIC may impose a service charge and interest. Refund payment method will be chosen by American Bionic. If the customer choses a third party for payment such as paypal or credit card systems, any charges incurred during the refund process, including but not limited to the third party service fee and interest,  will be the customer's liability.

Shipping and delivery

Unless otherwise specified by the customer at time of order, shipments in the continental United States are made via ground traceable carrier. Shipments outside of the continental United States are made via insured, traceable air-freight, unless this option is not available. The customer is allowed to change the shipping method and shipping insurance based on his or her own interest, if approved by American Bionic. American Bionic is not liable for the damages incurred through shipping. The shipping method for returning items  (for repair or refund) as well as the shipping insurance method is also chosen by the customer. American Bionic is not liable for the damages caused by the shipping and delivery services through the return process.

AMERICAN BIONIC may cancel or delay shipment of any accepted order if the customer’s credit becomes impaired or unsatisfactory to AMERICAN BIONIC, or the customer fails to meet any financial obligation to AMERICAN BIONIC, or any other event or circumstance occurs or exists which causes AMERICAN BIONIC to believe that cancellation or delay of the order is advisable. AMERICAN BIONIC is not responsible for any delay in shipment or delivery of products occurring after AMERICAN BIONIC delivers the products to a common carrier for shipment, or due to any cause beyond AMERICAN BIONIC’ control. In case of shortages, AMERICAN BIONIC reserves the right to allocate available supplies in such manner as it may determine.

standard Product improvements

AMERICAN BIONIC standard items are subject to modification without notice. The customer is assured that the item delivered will equal or exceed the item described in all respects or the item may be refused and returned in accordance with AMERICAN BIONIC’ return policies and conditions.

Quotations for non-standard  Product

An informal “ball park” estimate of non-standard product pricing can be provided for budget purposes based on initial discussions. Such estimates are not contractual and orders cannot be accepted based on estimates. In order to provide a formal quotation, additional time and effort on the part of AMERICAN BIONIC is often required. Formal quotations will include an invoice and written specifications. All designs, drawings, specifications and associated documents prepared by AMERICAN BIONIC are the sole property of and proprietary to AMERICAN BIONIC. It is your responsibility to carefully review quotations for accuracy and completeness, and to maintain the confidentiality of AMERICAN BIONIC quotations and related designs, drawings, specifications and documents. Re- seller discounts do not apply to non-standard product quotations.

All non-standard purchase orders must clearly reference the AMERICAN BIONIC quotation number. Submittal of a purchase order to AMERICAN BIONIC is deemed acceptance of specifications referenced in the quotation. Upon receipt of a purchase order, AMERICAN BIONIC will confirm receipt of the order. This does not indicate acceptance of the order by AMERICAN BIONIC or agreement by AMERICAN BIONIC to fill the order.  Additional time is often required for further assessment, planning and scheduling. When this process is completed to AMERICAN BIONIC’ satisfaction you will receive separate notice of order acceptance and estimated shipping date.  AMERICAN BIONIC will make every effort to ship on or before the estimated date; however, due to the nature of non- standard product manufacture, AMERICAN BIONIC cannot guarantee the delivery date.

Change orders for non-standard  Product

You may at any time, by written order, make changes in any of the following: (a) the drawings, designs and/or the specifications applicable to the items covered by your order, (b) the method of shipment and/or packing and (c) the place of delivery. Changes may result in additional costs to you, and AMERICAN BIONIC shall not be deemed to have accepted your proposed changes until AMERICAN BIONIC notifies you in writing of acceptance of the change request.

Refunds and return policy

Customers can request refunds within the first 30 days of receiving the order. The refund will not include the shipping price and the original price may be deducted, in case of damages to the product, not incurred by routine use.

Warranties

AMERICAN BIONIC  MAKES  NO  WARRANTIES WITH  RESPECT TO  ANY  OF  ITS PRODUCTS OTHER THAN AS EXPRESSLY  STATED IN AMERICAN BIONIC’ PRINTED LIMITED WARRANTY ACCOMPANYING  DELIVERY OF THE PRODUCT, OR IN AMERICAN BIONIC’ THEN CURRENT PRODUCT CATALOG OR WEBSITE.  THERE ARE NO OTHER WARRANTIES  WITH REGARD TO AMERICAN BIONIC PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, OR AGAINST INFRINGEMENT OF PATENT OR OTHER RIGHTS OF THIRD PARTIES. THE SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCTS NOT COMPLYING WITH AMERICAN BIONIC’ LIMITED WARRANTY WILL BE EITHER REPAIR, RECALIBRATION, REPLACEMENT  OR REFUND, WHICHEVER  AMERICAN BIONIC DETERMINES  TO BE APPROPRIATE.

Limited Liability

All risk of loss or damage from any cause whatsoever will be borne by the customer after delivery of any products to the carrier at AMERICAN BIONIC’ facility.  The customer is responsible for determining the appropriate use of all products, and assumes all risk and liability associated with their use.  AMERICAN BIONIC’ liability for any claim arising from the sale or use of any of its products will be limited to the actual price paid by the customer for the product involved. In no event will AMERICAN BIONIC be liable for any claim or demand against it by any party other than the customer, or for any indirect, special, incidental or consequential damages, regardless of whether AMERICAN BIONIC knows or is advised of the possibility of such damages.

Interpretation and enforcement of Terms

All purchases and sales of AMERICAN BIONIC products, and all agreements  between AMERICAN BIONIC and its customers, will be governed by and construed in accordance with the substantive laws of the US and local state applicable to transactions and agreements made and to be performed entirely within US. Any legal action by any customer relating to any transaction, agreement or relationship between AMERICAN BIONIC and the customer, whether based on breach of contract or any other event or cause, (i) must be commenced within one year after occurrence of the breach or other event on which the action is based, and (ii) must be brought and conducted in a state or federal court of competent jurisdiction situated in the US. AMERICAN BIONIC and the customer irrevocably consent to the jurisdiction and venue of such courts with respect to any litigation between them.  The customer shall pay, and indemnify and hold AMERICAN BIONIC harmless against, all costs and expenses (including reasonable attorney’s fees) incurred by AMERICAN BIONIC in connection with any disputes, collection actions or litigation arising out of dealings or relations between AMERICAN BIONIC and the customer.

Limitation of Terms

All sales of AMERICAN BIONIC products are subject to the above terms and conditions and such other terms, conditions, policies and procedures as AMERICAN BIONIC may from time to time publish on its website, or otherwise communicate to its customers. Each contract for order or sale of AMERICAN BIONIC products is expressly limited to such terms, conditions, policies and procedures, which shall be deemed accepted and agreed to by each customer’s ordering or accepting delivery of any AMERICAN BIONIC products.  Additional or different terms in any purchase order or other writing sent by a customer will be deemed to be objected to and rejected by AMERICAN BIONIC and will not become part of the contract between AMERICAN BIONIC and the customer.