Conditions of Sale
To all buyers. To the best of our ability, Brava Medical shall describe all equipment and products with both the written word and photographs. Therefore all items are sold “As Is” and “Where Is” without any warranty and unless the seller (Brava Medical) has indicated otherwise, there will be no refunds or returns.
All transportation, license fees, custom duties and other such charges shall be paid by Buyer and added to the total purchase price UNLESS NOTED OTHERWISE. If applicable, there shall also be added to the prices shown on the listing the amount of any applicable sales, use or other taxes, however designated, levied or based on such prices or on this agreement or the sale or use of the Equipment, including state and local privilege or excise taxes based upon gross revenue, and any taxes or amounts in lieu thereof. Any personal property taxes assessable on the Equipment after delivery to the carrier shall be borne by the Buyer. Terms are subject to change without notice.
INDEMNIFICATION. Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller’s reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer’s employees, agents and licensees, or any person not a party hereto, (b) damage, claim, or liability arising by reason of Buyer’s breach of any of its obligations as set forth in the Agreement, or (c) to the extent that Equipment is manufactured according to Buyer’s specifications and/or drawings, any charge that said Equipment infringes any patent or other proprietary right of any other person.
DISPUTE RESOLUTION. Should any dispute arise between the parties to this Agreement, as a result or relative to this Agreement, and such dispute cannot be resolved informally, the parties agree to submit such dispute to the exclusive jurisdiction of the District Court in Yavapai County, Arizona. The prevailing party in such action shall be entitled to recover its reasonable attorney fees and other costs and expenses.