The terms and conditions set forth below govern the redemption of certificates for Health Care Practitioners and consumers (“Redeemers”) by Healthcare Rewards (“HR”) for products of the Participating Program described in this on-line Product catalog (“Products”). Acceptance of the products in connection with the redemption of any rewards certificate by Redeemer constitutes an agreement by the Redeemer to be bound by these terms and conditions.
1. Terms of Redemption
Certificates may be redeemed only for Products selected from the product catalog for the participating program that issued the certificate. Certificates may not be combined with other certificates. Certificates that are expired shall not be honored. All Products and Product redemption values are subject to change at any time without notice to Redeemer or participating program.
2. Warranty, Disclaimer and Limitation of Liability
HR makes no warranty with respect to any of the Products. All Product warranties, if any, are manufacturer warranties. EXCEPT FOR THE FOREGOING MANUFACTURER WARRANTIES, IF ANY, THE PRODUCTS ARE AWARDED AS-IS AND WITHOUT ANY OTHER WARRANTY OF ANY NATURE WHATSOEVER. HR HAS NOT MADE AND DOES NOT MAKE ANY OTHER REPRESENTATION, WARRANTY, GUARANTY, OR COVENANT, EXPRESS OR IMPLIED WITH RESPECT TO THE DESIGN, CONDITION, DURABILITY, SUITABILITY, FITNESS FOR USE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF THE PRODUCTS IN ANY RESPECT. UNDER NO CIRCUMSTANCES AND IN NO EVENT WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE SHALL HR BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR OTHER ECONOMIC LOSS. IN NO EVENT SHALL HR'S LIABILITY TO THE REDEEMER WITH RESPECT TO THE PURCHASE OF A PRODUCT EXCEED THE FAIR MARKET VALUE FOR SUCH PRODUCT.
3. Returns
Once shipped, Redeemer must obtain a return authorization number from HR Corporate Office prior to returning any Products. To qualify for credit, Products must be returned, transportation prepaid, within thirty (30) days of original shipment date in same condition as received, and in original cartons. All returns are subject to a restocking charge of 25% of retail price.
4. Taxes
Redeemer shall be responsible for the payment of any and all applicable taxes, if any, due in connection with the redemption of the certificates.
5. Shipments
HR shall not be liable and assumes no responsibility for any loss or damage sustained to the Products in shipment, or sustained by Redeemer due to inability to meet a specified delivery date. Shipping discrepancies must be reported within ten (10) days from receipt of Products.
6. Shipping Policy
All Products shall be shipped to the Redeemer via United States Postal Service, first class mail, unless modified in advance per Paragraph 9 below.
7. Cancellations
Orders cannot be cancelled after acceptance by HR of the Redemption Certificate, and the Product has been shipped.
8. Force Majeure
HR shall not be liable for loss, damage, delay, or failure to deliver caused by accident, labor disputes, flood, earthquakes, riots, fire, civil commotion, insurrection, war, terrorism, the elements, embargoes, failure of carriers, inability to obtain transportation facilities, government regulations, acts of God or the public enemy or limitations of HR or its suppliers, production or marketing activities or any other causes or contingencies beyond its control.
9. Entire Agreement, Amendments, Special Terms
This Agreement contains the entire and only agreement between HR and the Redeemer respecting redemption of certificates for Products referred to herein, and all prior and collateral representations, promises and conditions in connection therewith are superseded hereby. No modification waiver or termination of any provisions contained in this Agreement nor any future representation, promise or conditions in connection with the subject matter hereof shall be binding upon HR or Redeemer unless made in writing and signed by an officer or other authorized representative thereof.
10. Choice of Law
This Agreement shall be interpreted and construed in accordance with the laws of the state of Georgia
