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Terms & Conditions

The SaltFacial Skin Renewal Therapy System Terms and Conditions

Prescribing Practitioner Acknowledgment

Federal (USA) and certain states laws may restrict this medical/beauty device to sale or use by or on the order of a physician or other practitioner licensed in the state in which this device is used or ordered (a “Prescribing Practitioner”). Customer and Customer’s Prescribing Practitioner are solely responsible for the use and operation of this device in accordance with all applicable laws and regulations, and treatment guidelines, and for ensuring that each operator of this device is adequately trained and qualified to use and operate this device safely and properly in accordance with such laws, regulations and guidelines. SaltMED makes no representations or warranties regarding federal, state or local laws or regulations, or treatment guidelines that might apply to the use and operation of this device. Customer and Customer’s Prescribing Practitioner are solely responsible for contacting state and local licensing agencies regarding requirements applicable to the use and operation of this device. Use of this device involves certain risks of injury to patients. Customer and Customer’s Prescribing Practitioner are solely responsible for ensuring that patients are informed of these risks. Improper use of this device may increase the risk of injury to patients.

Limited Warranty

Med-Aesthetic Solutions Inc. doing business as SaltMED (“SaltMED”) warrants to the original buyer (“Buyer”) that the SaltMED system purchased by Buyer from SaltMED (the “Equipment”) shall be free from defects in material and workmanship for a period of twelve (12) months from the date of installation, but in no event, more than thirteen (13) months from the date of shipment of the original equipment. During such warranty period, SaltMED shall at its sole option either repair or replace any warranted parts that are determined by SaltMED to be defective in material or workmanship. Repair or replacement shall be SaltMED’s sole obligation and Buyer’s sole remedy for breach of warranty hereunder for all warranted parts of the Equipment, and shall be conditioned upon SaltMED receiving written notice of such defect within ten (10) days after its discovery and unless otherwise agreed, return of defective parts or Equipment to SaltMED at SaltMED’s U.S. facility in accordance with SaltMED’ “Depot Service,” policy. “Equipment” as used herein does not include consumable components or accessories or disposable components or accessories.

No warranty shall arise from any description of the warranted product or its effectiveness or ability to achieve any particular result(s), whether written or oral and whether stated in specifications, samples, demonstration units, bulletins, marketing or promotional materials or similar statements made or furnished to Buyer. SaltMED makes no warranty or representation of revenue or profits which may be derived from Buyer’s use of the warranted product and no such representation or warranty shall arise from any projections, studies or other statements or materials given to Buyer prior to or at the time of purchase.

THIS WRITTEN LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL; SALTMED DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

This Limited Warranty shall be void and of no effect if: (a) the warranted product is not installed by an authorized SaltMED representative or such other person as is expressly authorized to do so by SaltMED (b) anyone other than an authorized person removes a product casing or attempts to make any modifications or repairs to the warranted product or makes any attachments or additions to the warranted product; (c) the warranted product is not operated with the type and level of power specified by SaltMED or is not otherwise operated in accordance with SaltMED’s instructions; (d) the warranted product has not been properly maintained or has been subjected to misuse, negligence or abnormal conditions; (e) a warranted product is moved from the site of its original installation by anyone other than one expressly authorized by SaltMED to do so; (f) the warranted product is sold, leased or otherwise transferred to any party other than the original Buyer; or (g) the warranted product is used with supplies or consumables that are not provided by SaltMED or expressly approved by SaltMED for use with the warranted product.*

Supplies and Consumables. Buyer understands that the proper and effective operation of The SaltFacial® Skin Renewal System depends on the use of supplies and consumables that meet strict specifications. To assure the safe use of the system and as a precondition of Buyer’s warranty, Buyer agrees to use only SaltMed supplies or consumables expressly approved by SaltMED. Unless otherwise agreed in writing, Buyer will not use, sell, gift or distribute any non-approved product for use with the System.

In no event shall the repair or replacement of the Equipment or any part thereof extend the period of warranty set forth herein. Except as otherwise agreed in writing, SaltMED’s liability with respect to the warranted product shall be limited to the warranty provided herein, and shall in no event exceed the price paid for the warranted product. SaltMED SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SaltMED, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. Without limiting the generality of the foregoing, SaltMED specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of the warranted product or any associated equipment, cost of capital, cost of substitute products, facilities or services, down-time, shut-down, slow-down costs or any other types of economic loss, or for claims of Buyer’s customers or any third party for any such damages. SaltMED SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR CONTINGENT DAMAGES WHATSOEVER AND EXPRESSLY DISCLAIMS ALL SUCH DAMAGES.

Medical Judgment and Skill. Use of the products requires the exercise of sound medical judgment, and clinical results may vary based on operator skill and experience, individual patient suitability, individual patient response to treatment and other factors. Any suggestions by Seller or Seller’s agents regarding use, application or suitability of the products shall not be construed as an express warranty unless confirmed to be such in writing by Seller.

Buyer shall indemnify SaltMED against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys’ fees and other costs of defending any action) which SaltMED may incur as a result of any claim by Buyer or others arising out of or in connection with Buyer’s purchase or use of the warranted product (including, without limitation, any claim arising from misuse or improper use of the warranted product, whether by Buyer or any other person, whether or not authorized by Buyer, and any claim arising from any modification to or alteration of the warranted product not authorized by SaltMED), except for claims based on the breach of this Limited Warranty.

TERMS AND CONDITIONS OF SALE

1. Offer; Cancellation. This writing constitutes an offer or counter-offer by SaltMED(“Seller”) to sell the products described on Seller’s quotation or purchase order attached hereto in accordance with these terms and conditions. This writing is not an acceptance of any offer made by buyer, and acceptance is expressly conditioned upon assent to these terms and conditions. Seller objects to any additional or different terms contained in any purchase order or other communication previously or hereafter provided by Buyer to Seller. No additional or different terms or conditions will be binding upon Seller unless specifically agreed to in writing. No order may be canceled or altered by buyer except upon terms and conditions acceptable to Seller, as evidenced by Seller’s written consent.

2. Prices and Payment. All prices are subject to change upon notice. Payment in full is due prior to shipment, unless Seller requires payment in advance.

3. Taxes and Other Charges. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and buyer (collectively, “taxes and other charges”) shall be paid by buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes and other charges, buyer shall reimburse Seller therefore.

4. Delivery, Claims and Force Majeure. Unless otherwise agreed in writing by SaltMED and Buyer, delivery of products shall be F.O.B. Seller’s facility. Selection of carrier and routing of shipment shall be at Seller’s option. Title to and risk of loss of or damage to the products shall transfer to Buyer upon delivery by Seller for shipment at Seller’s facility. Seller reserves the right to make delivery in installments, unless otherwise expressly stipulated herein. Delay in delivery of any installment shall not relieve buyer of its obligations to accept remaining deliveries. Buyer shall inspect each product promptly upon receipt. Claims for errors in delivery must be made in writing to SaltMED within 10 days after Buyer’s receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Buyer.

All delivery dates are approximate. Seller shall not be liable for any damages as a result of any delay or failure to deliver due to any cause beyond Seller’s reasonable control, including, without limitation, any act of God, act of buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay. Buyer’s exclusive remedy for other delays and for Seller’s inability to deliver for any reason shall be rescission of this agreement.

5. Trademarks and Tradenames. “Buyer “acknowledges the validity and proprietary value of Company trademarks and
trade names including, but not limited to, the names SaltFacial, SaltFacial L’avantage, Macro Salt Exfoliation, Macro Infusion, Macro LED, MAStique, DermMasque , SaltMED and undertakes to display Company’s trademarks and trade names in the sale and marketing of Products hereunder. “Buyer “shall not be entitled to use said trademarks and trade names in conjunction with Master Distributor’s own trademarks and trade names etc. except as may be approved by Company in writing, which approval not to be unreasonably withheld. Upon the expiration or termination of this Agreement, “Buyer “shall immediately discontinue all use of Company’s trademarks or trade names.

6. Grant of Security Interest. Until the full purchase price is obtained by SaltMED or its assignee and in order to secure the payment of the purchase price and any other performance obligations of buyer hereunder, buyer hereby grants to Salt MED a security interest in the products sold hereunder and all components thereof, and in all of buyer’s general intangibles relating to such products and such components, and in all proceeds of any of the foregoing, in each case whether now owned or hereafter acquired. Buyer authorizes SaltMED to file such financing statements or other documents as SaltMED may deem necessary to perfect such security interest. Buyer shall, upon request, execute and deliver any documents and take any actions reasonably deemed advisable by SaltMED to preserve such products or to establish, determine priority of, perfect, continue perfecting, terminate and/ or enforce SaltMED’s interest in the products or rights hereunder. Buyer shall maintain the products in good condition and repair and not permit their value to be impaired, shall keep them free from all liens, encumbrances and security interests (other than SaltMED’s security interest), and shall not sell, lease or otherwise dispose of any of them. In no event, shall buyer move the products from buyer’s facility before SaltMED has received each and every payment of the purchase price hereunder. Upon the occurrence of any event of default by Buyer hereunder, SaltMED may enter into premises where the products are located and may take possession of the products, all without notice or hearing.

7. Changes. SaltMED may at any time make such changes in design and construction of products as SaltMED deems appropriate. If the design of any product purchased hereunder is materially changed prior to shipment, SaltMED shall notify buyer of such change as soon as reasonably practicable after such change. In the event of any such change, buyer may accept the product with such change, or buyer may cancel this agreement with respect to the changed product only.

8. Installation. Installation of the products at buyer’s facility will be completed by SaltMED directly or by SaltMED’s designated representative. Subject to the terms and conditions hereof, SaltMED will provide to buyer SaltMED’s standard training in the use and operation of the products.

9. Consequential Damages and Other Liability; Indemnity. Except as otherwise agreed in writing, SALTMED’s liability with respect to the products sold hereunder shall be limited to the Limited Warranty referenced above. SALTMED SHALL NOT BE LIABLE FOR, AND HEREBY DISCLAIMS, AND ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. Buyer shall indemnify SALTMED against any and all losses, liabilities, damages and expenses (including, without limitation, attorneys’ fees and other costs of defending any action) that SALTMED may incur as a result of any claim by Buyer or others arising out of or in connection with the products and/or services sold hereunder.

10. Technical Information. Any sketches, models or samples submitted by SaltMED shall remain the property of Seller and shall be treated as confidential information unless SaltMED has in writing indicated a contrary intent. No use or disclosure of such sketches, models and samples, or any design or production techniques revealed thereby, shall be made without the express written consent of SaltMED. The purchase and sale of products hereunder shall in no way be deemed to confer upon buyer any right or interest in or license to any patent, patent application, design, copyright, trademark, service mark or trade name or any other proprietary or intellectual property right of SaltMED relating to any product sold hereunder.

11. Manuals, Brochures, Instructions. Any and all operating manuals, instructions, brochures, warnings and the like concerning the products supplied hereunder are supplied as an aid to Buyer and are not represented to be accurate, complete or sufficient for every use or purpose, or for treatment of every patient in Buyer’s clinical setting. Buyer warrants that it will train all of its employees and/or third party users of the products purchased by Buyer hereunder so that such employees and/or third parties will use the products properly and safely. Buyer will indemnify and hold harmless Seller against all liabilities and expenses (including attorneys’ fees) arising out of the use of the products by Buyer or by a third party.

12. Compliance with Laws. Buyer is solely responsible for the use and operation of the products in accordance with all applicable laws and regulations and for confirmation of all user qualifications.

13. Governing Provisions. These terms and conditions shall constitute the entire agreement between SaltMED and buyer with respect to the subject matter hereof. THIS CONTRACT AND THESE TERMS AND CONDITIONS SHALL BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS.

14. Late Payment Policy: SaltMED has the right to add 3% credit card fee and a late charge for payments not processed at the agreed upon time of payment due.

THE SaltFacial SKIN RENEWAL THERAPY SYSTEM QUOTE

Included in Purchase: 

  • 1 – The SaltFacial Skin Renewal Therapy System
  • 1 – The SaltFacial Accessories Kit
    • 2 – 2.4mm Handpieces
    • 1 – Powder Cap
    • 1 – Temperature / Humidity Monitor
    • 1 – No-Vac Eductor Cap
    • 1 – Year System Warranty
    • 1 – Ultrasound
    • 1 – LED Eye Shields
    • 2 – Dehumidifiers
    • 1 – Quick Reference Guide

    Other Services: 

      • 1 – SaltFacial Package:
      • 2 – Salt Kits
      • 1 – Case of Gliding Gel
      • 1 – Additional Years System Warranty
      • 1 – 4-hour Onsite Clinical Training
      • 1 – SaltFacial Marketing Kit

    *Excluding all applicable taxes. Customer is responsible for all applicable local, state and federal taxes
    The undersigned buyer expressly acknowledges and agrees that the purchase of a system pursuant to this purchase order is in accordance with the Terms and Conditions of Sale of Med-Aesthetic Solutions, Inc., doing business as SaltMed (“SaltMed”) and SaltMed’s Limited Warranty Agreement, which are an integral part of this system quote.

    A SaltMED Credit Card Authorization Form is required at time of sale for all agreements that include Net 30 payment terms. The credit card will remain on file with SaltMED and will be automatically charged for the remaining balance due on Day 30. 

     

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