Terms & Conditions of Service
Thank you for choosing The Laser Pros!
These Terms & Conditions of Service (“Terms”, “Terms of Service”) govern your access to the use of The Laser Professionals’ services and products (“LP” or the “Service(s)”). By using our Services, or by purchasing something from us, you agree to be bound by these Terms including any relevant Service, Sales, Repair, and/or Rental agreements.
LP reserves the right to update, change, or replace any part of these Terms periodically. By providing these Terms, and keeping them up-to-date, LP means to establish a clear and understandable agreement (“Agreement”) between you, the Client (“Client” or “You”), and The Laser Professionals. Should you disagree with these Terms and policies, you should not proceed with using any Services offered and/or provided by LP.
LP objects to any attempt by Client to introduce additional or different terms related to the sale of LP’s Products and Services. LP states that such attempts cannot be considered as LP’s acceptance of any additional or different terms. Any changes to these Terms must be made through a subsequent written agreement signed by an authorized representative of Client and LP’s Owner.
All medical equipment and related accessories (“Product(s)”) are sold without any implied warranty unless specified in writing. LP does not provide warranties or guarantees on the Products. It is the Client’s responsibility to inspect the purchased items before shipping or servicing, as no adjustments or credits will be issued. Verbal agreements are not applicable. The sale and service of the Products may be subject to regulations by the U.S. Food and Drug Administration and other regulatory agencies. Client is responsible for complying with the relevant rules and regulations.
By using our Services, Client also represents, knowing that LP is relying thereon, that: (a) the payment method Client uses is for an account Client owns, controls, and/or has the authority to use for business transactions; and (b) the Client shall promptly pay LP for all of the costs, losses, and expenses it incurs (including, without limitation, actual attorney fees and collection agency fees) if the Client’s attached referenced representation regarding applicable Service, Sales, or Rental Agreement(s) is false and/or LP is forced to engage collection efforts to recover full Service price. LP will not accept returned Products as payment for the debt and requires payment in full.
Prices:
All prices stated are in U.S. Dollars. The quoted prices do not include taxes, such as state and local use, sales, property (ad valorem), and similar taxes. Client is responsible for paying and indemnifying LP for these taxes, unless Client has provided LP with a valid exemption resale certificate in advance or the sale is otherwise exempt from such taxes. LP reserves the right to cancel Client’s purchase order at LP’s sole discretion. LP is not liable for pricing, typographical, or other errors in any quote provided, and LP retains the right to cancel any orders resulting from such errors. All quotes are subject to product availability and/or prior sale. Client is responsible for obtaining all necessary licenses and for arranging and covering the costs of freight, packing, shipping, insurance, customs, duties, taxes, and broker fees.
Payment and Security Terms:
Client is required to make payment for the purchase price in U.S. Dollars through wire transfer, credit card, cashier’s or company check, or another prearranged payment method, as determined solely by LP. If Client chooses to pay by credit card, LP may impose a 3.5% convenience fee. LP has sole discretion over the payment terms, and unless otherwise specified in these Terms or agreed upon in writing by LP, Client must pay LP in full before the Product is made available for shipment. Upon Client’s provision of a nonrefundable deposit, LP agrees to remove the asset(s) from the market until the specified date and transfer ownership to Client upon receipt of full payment.
Client agrees to pay all invoices issued by the service provider in accordance with the payment terms specified in these Terms. The due date for the payment shall be five business days from the date of the invoice issuance.
In the event of non-payment for services and/or materials furnished, LP will assert their right to file a Mechanics Lien upon the subject property as security for the unpaid invoices. The mechanics lien shall be enforceable in accordance with the applicable laws and regulations governing Mechanics Lien laws in the relevant jurisdiction.
These Terms expressly establish the obligation for the prompt payment of invoices within five business days from the completion of the rendered services. LP shall grant a grace period of two days during which late fees will not be imposed. After the expiration of the grace period, the late fees shall remain applicable, and any payment card on file will be subject to an automatic payment charge for the outstanding invoice balance. Non-compliance with this payment term may lead to the enforcement of the aforementioned mechanics lien.
Payment Clause:
Client represents that the credit card information provided belongs to them and that they will promptly pay LP for any costs, losses, or expenses incurred if their representation regarding the credit card is false or if collection efforts are required.
In the event that Client fails to make payment for any invoice by the specified due date, Client hereby authorizes LP to automatically charge the outstanding amount to the payment method provided by Client at the time of initiating the repair/sales/rental contract. The automatic charge will occur two days after the original due date, providing Client with a grace period to settle the outstanding amount.
Prior to initiating the automatic charge, LP shall make reasonable efforts to notify Client via email or any other contact information provided by Client in the relevant contract. The notice shall inform the Client about the impending automatic charge, the outstanding amount, and the date on which the automatic charge will be processed.
Client shall be given a grace period of two days from the automatic charge notice to remit the outstanding payment in full. If the payment is received during the grace period, the automatic charge shall not be processed. However, if the outstanding amount remains unpaid at the end of the grace period, LP reserves the right to charge Client automatically for the total amount due, along with any applicable late fees as specified in the contract.
In the event of any dispute regarding an invoice or any charges, Client shall promptly notify LP in writing, providing detailed information about the dispute amount and reasons for such dispute. During the dispute resolution process, the automatic charge will be temporarily suspended until the matter is resolved to the satisfaction of both parties.
Client agrees to promptly inform LP of any changes to their payment information, such as credit card expiration, change of credit card, bank account updates, written check, or any other relevant details, to ensure the continuous and smooth processing of payments.
Failure to settle outstanding invoices and repeated automatic charges may lead to termination of services at the discretion of LP. In such cases, Client shall be liable for any remaining outstanding balance and may be subject to additional penalties or legal action.
Shipments, Insurance, Storage Fees:
If LP has agreed to ship the Products upon Client’s payment of a nonrefundable deposit, the remaining balance must be paid prior to delivery.
The delivery dates for all Products are approximate and subject to estimation. LP cannot be held responsible for any damages, costs, or losses incurred by Client or others due to failure to meet these delivery dates.
Ownership of the Products (excluding software products and documentation) and the risk of loss and damage transfer to Client upon Delivery, as indicated by the purchase invoice. However, title to software products and documentation remains with the respective licensors.
If Client has any specific shipping requirements or delays, they must inform LP in writing at the time of signing and presenting the Service/Rental/Sales agreement. Client will be responsible for any additional costs incurred by LP as a result of such requirements. Failure to notify LP of these requirements will result in LP following its standard order processing and delivery procedures, and Client will bear sole responsibility for any exceptional shipping, delivery, and storage costs.
Client is obligated to obtain and maintain insurance for the Products at their own expense, from the time of Delivery until the full payment of the amount due. This insurance should cover the full replacement value of the Products, with any loss payable to LP or its assignee.
In the event of Client’s failure to retrieve their property from LP’s premises within a reasonable timeframe, LP shall have the right to impose storage fees upon Client. The determination of such fees shall rest solely with LP technicians, taking into account factors such as the dimensions, weight, and storage requirements of Client’s equipment.
Prior to initiating the invoicing process, LP will provide Client with a preliminary notice, notifying them to collect their property. Should Client fail to respond within a period of 10 business days from the date of the preliminary notice, LP will proceed to issue invoices that include the applicable storage fees, which Client will be obligated to pay.
Licensure:
Client acknowledges that they must possess a verified medical license to purchase the Products. If Client lacks a medical license, they are responsible for buying and using the Products in compliance with all relevant state and local laws. This may include ensuring that the Products are operated under the supervision of a licensed medical practitioner, where necessary. Client asserts that their medical license is valid, in good standing, and meets all state and local requirements for purchasing and using prescription Products.
If the Products are sold to a distributor, the distributor must confirm that all purchasers have the appropriate licenses to buy and possess prescription medical devices according to the applicable state and local laws. The distributor must also retain evidence of the purchaser’s valid and active state license for purchasing prescription medical devices. Furthermore, the distributor is prohibited from soliciting or encouraging purchases by individuals who lack the necessary state license to prescribe and/or possess prescription medical products.
Indemnity:
Client agrees to protect, defend, and hold LP, its directors, officers, employees, and agents harmless from all liabilities, damages, losses, claims, or expenses, including court costs, expert witness fees, and reasonable attorneys’ fees (referred to as “Losses”) that may arise from the following:
(a) Any intentional or negligent use of the Products by Client, its employees, contractors, or representatives. (b) Unauthorized use, sale, lease, transfer, or any other exploitation of any Product not permitted by these Terms. (c) Any injury, death, or property damage caused by acts or omissions of Client, its agents, employees, and contractors related to the handling, storage, sale, application, or use of the Products. (d) Client’s breach of these Terms. (e) Failure of Client, its employees, agents, or contractors to comply with these Terms of Service, as well as applicable federal, state, and local laws, guidelines, and regulations.
Limitation of Liability:
LP, its officers, directors, employees, contractors, or agents will not be held liable, under any circumstances, for any indirect, special, incidental, consequential (including loss of profits, loss of use, or cost of cover), or punitive damages, regardless of the legal basis for the claim, be it contract, tort (including negligence and strict liability), warranty, or otherwise. In no event will LP’s total liability, regardless of the legal theory, exceed the price paid for the specific products or services involved. The prices and liability limitations stated in these Terms represent the agreed allocation of risk between Client and LP. Client acknowledges that LP would not sell Products or Services without these liability limitations, and they will still apply even if any limited remedy provided in these Terms fails in its essential purpose.
Export Controls:
The Products may contain technology that is subject to the customs and export control laws of the United States and the country where they are manufactured or used. Client bears sole responsibility for ensuring full compliance with these laws and regulations. Specifically, Client must not use the Products for the benefit of, or engage in the sale, lease, export, re-export, or transfer of the Products to restricted or boycotted countries identified by the U.S. Department of State or the U.S. Treasury Department. Before exporting or re-exporting the Products, Client must obtain all necessary licenses and governmental approvals. Both Client and LP hereby declare that the 1980 U.N. Convention on the International Sale of Goods does not apply to their purchase agreement.
Force Majeure:
LP’s fulfillment of its obligations under this agreement may be postponed or canceled at its sole discretion due to circumstances beyond its reasonable control. These circumstances include, but are not limited to: the inability to obtain or safely transport any Products, necessary materials, and components; labor disturbances such as strikes and unavailability of workers; natural disasters like fire and flood, and other acts of God; acts of war, terrorism, civil unrest, and other disturbances; production or engineering challenges; and government regulations, orders, directives, and restrictions.
Termination:
LP may terminate or suspend your right to access or use LP services for any reason on appropriate notice. We may terminate or suspend your access to Service immediately and without notice if we have reasonable cause, including any violation of these Terms. Note that upon termination, you continue to be bound by all applicable sections of these Terms of use.
Miscellaneous:
The parties mutually consent that any and all claims, demands, disagreements, controversies, or disputes arising from this transaction will be governed and interpreted in accordance with the laws of the State of Florida. Exclusive jurisdiction in the event of any disputes is in Palm Beach County, Florida. The County Court for the 15th Judicial Circuit, Palm Beach County, Florida, would be the proper forum to commence an action for resolving all claims. Both parties agree and stipulate to the jurisdiction and venue of these courts for the resolution of any claims, excluding all other courts, forums, and venues.
All necessary notices must be given in written form to Client at the address or through email/fax as specified in these Terms. For LP, notices should be sent via email to [email protected] or through an overnight carrier to The Laser Professionals LLC, c/o Frank Greco, Owner, 8725 SE Pinehaven Ave, Hobe Sound, FL 33455, or to any other address that either party may designate by providing written notice to the other.
Client is prohibited from assigning or transferring any of the rights, duties, or obligations outlined in these Terms without obtaining LP’s prior written consent. Any attempt to do so without express consent will be considered null and void.
If any court deems any provision of these Terms unenforceable, the parties agree to reinterpret or modify that provision, or its relevant part, in a way that upholds the clear intent of the provision to avoid its unenforceability. If such reinterpretation or modification is not feasible, the provision will be excluded from the Terms, while all other provisions will remain completely valid and effective.
By using LP’s Services, Client acknowledges and confirms the following: (a) Client has read, comprehends, and is bound by the policies and Terms of use specified in this Agreement. (b) The Terms of Service outlined in this document constitute the only and complete agreement between Client and LP. (c) By entering into this Agreement to use the Services provided by LP, Client has not relied upon any promises, commitments, agreements, or representations other than those expressly stated herein.
Date Updated: August 14th, 2023
