TERMS AND CONDITIONS OF SALE
Welcome to FFF Enterprises, Inc. (“FFF”) and thank you for your interest in purchasing our products. Our goal is to provide a pleasant purchasing experience, while we strive to deliver quality products. If you have any questions about our ordering process, please call Customer Services at 1-800-843-7477.
These Terms and Conditions of Sale (“Terms of Sale” or “Terms”) apply to any order placed or purchase made through https://BioSupply.FFFEnterprises.com; www.FFFEnterprises.com; OrderMyFlu.MyFluVaccine.com; www.MyFluvacine.com; and Narcanworkplace.com (collectively, the “Site” or “Store”) and are between you and FFF (“FFF” or “we” or “us” or “our”). By placing an order for or making a purchase of products at the Site, you agree to be bound by these Terms of Sale and represent and warrant that you have the right, authority, and capacity to enter into these terms with us. If you place an order on behalf of an entity, you further represent that such entity is a valid legal entity in the jurisdiction in which it was formed, and that you have the authority to enter into these terms on behalf of your entity and bind such entity to these terms.
1. Order Acceptance. You can place an order by the purchase button located in various sections of the Site and adding the Products of your choice to the checkout basket. When placing an order, you will be required to provide us with information such as your name, mailing address, and billing information. You represent and warrant that all such information is accurate, and complete.
After you place an order, you may receive a communication from us acknowledging that we have received your order and/or it is processing (“Order Acknowledgment”). Please note that an Order Acknowledgment does not mean that your order has been accepted. We will confirm our acceptance of your order by sending you a communication that confirms that your order has been processed and/or the purchased Products have been shipped (“Order Acceptance”). Any delivery dates or times provided by us (or a courier) are estimates only and are not guaranteed. The risk of loss in the Products you purchase passes to you upon delivery of the Products to you.
2. Order Rejection. At any time prior to Order Acceptance, we reserve the right to decline or reject your order. If this occurs, we will attempt to notify you through email or other reasonable means.
3. Payment. Unless otherwise agreed to by both parties in writing, all orders for products sold on the site (the “Products”) shall be invoiced by FFF on the date shipped. The terms of payment for invoices shall be net thirty (30) days. Prices billed are the prices in effect at the time customer’s order is accepted by FFF. Customer agrees to pay all debts, accounts and invoices owing to FFF in full accordance with these Terms. In the event such debts, accounts or invoices owing are not paid when due, they will accrue late charges at the rate of 1.5% per month or the maximum rate allowed by law, whichever is the lesser rate. Customer hereby agrees to pay all fees and collection costs including attorneys’ fees, in the event this account is placed for collection.
4. Returns. Credit for returned merchandise will be issued only for items that are authorized for return by FFF, in compliance with FFF’s Return Goods Policy. All credits will be reflected in customer’s account to apply toward future purchases. Customer must report any order discrepancies within 48 hours of receipt of product. FFF is not obligated to issue credit on discrepancies not reported within 48 hours.
5. Limitation of Warranties. FFF warrants that it will acquire the Products from the manufacturer of the Products and the Products, while in the possession of FFF, will be stored and handled in a manner which will not cause the Products to become adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act, as amended. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. ALSO, FFF MAKES NO WARRANTY OF NON-INFRINGEMENT.
6. Disclosure of Discounts and Other Reductions in Price. Customer agrees that the price paid for Products may be subject to discounts or rebates, which must be fully and accurately disclosed and reported in accordance with all federal and state laws, including the requirements of the federal healthcare anti-kickback statute, Section 1128(B)(b) of the Social Security Act (42 U.S.C. §1320a-7b(b)) and its implementing regulations (42 C.F.R. §1001.952(h)). The dollar value of any discounts or other reductions in price provided pursuant to this Agreement are “discounts and other reductions in price” under Section 1128B(b)(3)(A) of the Social Security Act (42 U.S.C. 1320-a-7b(b)(3)(A)) (“Discounts”). Purchaser understands and agrees that it must fully and accurately account for and report these Discounts in strict accordance with Section 1128B(b)(3) of the Social Security Act (42 U.S.C. § 1320a-7b(b)(3)) and comply in all respects with the implementing regulations contained in 42 C.F.R. § 1001.1 et. seq. Purchaser agrees that it is aware of its responsibility to disclose fully and accurately all Discounts under this Agreement, and warrants and represents that it shall do so in strict compliance with applicable law.
7. Orders and Shipping: All orders are shipped FOB Destination. FFF will only ship to the address shown on a valid DEA certificate, Registration Permit and/or license as applicable or as otherwise permitted by law, rule or regulation.
8. Sales Tax Information: If applicable, customer will be charged state sales tax until such time as a valid state resale card is filed in our administrative office. There will be no retroactive credits granted for purchases made prior to the receipt. The resale card must contain a description of exempted materials for which resale is allowed in the course of business.
9. Customer’s Representation: Customer represents and warrants that all information contained in customer’s credit application with FFF is current, correct and complete, and that FFF may rely on such information in deciding to extend or discontinue credit. Customer agrees to notify FFF immediately, in writing, of any change in the foregoing information including, without limitation, any change in the nature of the business, ownership, licensure, registration name, location of the business, or financial condition.
10. Own Use: Customer represents, warrants, and agrees that customer is purchasing products from FFF for customer’s “own use” and use by customer’s affiliated healthcare providers in delivering services to patients and not for resale. Customer acknowledges that FFF is relying on this representation in making its decision to sell products to customer.
11. Damages. Except as may otherwise be provided by law, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RELATED TO THE PRODUCT PURCHASED BY CUSTOMER EVEN IF THE OFFENDING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY UNDER WHICH SUCH DAMAGES ARISE (INCLUDING CONTRACT, TORT, PRODUCT LIABILITY, NEGLIGENCE OR STATUTE). THE FOREGOING DAMAGES THAT ARE EXCLUDED INCLUDE BUT ARE NOT LIMITED TO LOST PROFITS, LOST OPPORTUNITIES, LEGAL FEES, OUT OF POCKET EXPENSES AND RIPPLE EFFECT DAMAGES SUCH AS PERSONNEL EXPENSES ASSOCIATED WITH RESCHEDULING PATIENT APPOINTMENTS OR OTHERWISE SERVICING PATIENTS. If any remedy fails of its essential purpose, the damage, warranty, and remedy exclusions and limitations in these Terms still apply.
12. Limitation of Liability and Exclusive Remedy. CUSTOMER’S EXCLUSIVE REMEDY FOR ANY LIABILITY OF FFF RELATING TO PRODUCT PURCHASED OR ANYTHING ELSE RELATING TO FFF’s PERFORMANCE (COLLECTIVELY, THE “FFF ITEMS”) SHALL BE, AT FFF’S OPTION, REPAIR, RETURN OR REPLACEMENT OF ANY OR ALL OF THE PRODUCT.
13. Data Protection. To the extent that we process any of your personal information for the purposes of any order, purchase or download described in these Terms, FFF will do so in accordance with its Privacy Policy.
14. Force Majeure: FFF shall not be liable for delay or failure of performance due to force majeure, including, but not limited to, strikes, accidents, acts of God, weather conditions, inability to secure labor and/or products, fire, earthquake and rules, regulations or restrictions imposed by any government or governmental agency, or any other causes beyond the commercially reasonable control of FFF. FFF shall not be responsible for any additional costs incurred by customer in securing product from other sources.
15. Compliance with Law. Each party shall comply with all applicable laws, including without limitation, government export control, and privacy and data protection laws.
16. Governing Law and Venue. These Terms shall be governed by the laws of the State of California, without giving effect to conflicts of law principles. Customer agrees that any action to enforce these Terms may be brought by FFF in the State of California.
17. Change in Terms: FFF may change these Terms at any time by posting revised terms on the Site. Any such new terms will be effective as of the date of posting and shall in no event be applicable to sales which concluded prior to the date the new terms are posted. You may not assign these Terms or any of the rights granted hereunder without the prior written consent of FFF, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
