Terms And Conditions
Drive DeVilbiss Healthcare
Terms and Conditions
(Effective October 2, 2023)
These terms and conditions for the sale of products (these "Terms") are the only terms that govern the sale of the products (the “Products”) by Drive DeVilbiss Healthcare ("Drive") to the buyer named on the applicable quotation or accompanying order confirmation ("Buyer"). Notwithstanding anything herein to the contrary, if Drive and Buyer have entered into a written contract for the sale of the Products (“Contract”), the specific terms and conditions contained in the Contract will prevail over any conflicting terms or conditions contained in these Terms. Buyer acknowledges and agrees that Drive reserves the right to amend these Terms in its sole discretion.
The quotation or order confirmation accompanying these Terms, these Terms, and the Contract (if any), (collectively, this "Agreement") comprise the entire agreement between Drive and Buyer and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. This Agreement prevails over any of Buyer's general terms and conditions of purchase regardless of whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend this Agreement.
1. Purchase Orders.
Each purchase order or request for quotation must include a description of the Products, quantity, requested delivery date, and a “ship to” address. Purchase orders or requests for quotations must be submitted to Drive via e-mail, EDI, or other format agreed upon by the parties. Unless otherwise specified in the quotation, Drive’s quotation expires thirty (30) days from its date and may be modified or withdrawn by Drive before receipt of Buyer's acceptance. Upon Buyer’s timely acceptance of a quotation, Drive will treat the quotation as a purchase order. Drive may accept or reject any purchase order, in whole or in part, in its sole discretion, unless it originated as a quotation and was timely accepted by Buyer, in which case Drive will be deemed to have accepted the purchase order. Buyer may not modify or cancel any purchase order once accepted by Drive without Drive's written consent. All quotations and order confirmations issued by Drive are subject to these Terms and the Contract (if applicable). For the avoidance of doubt, any variations made to these Terms or the Contract by Buyer in any purchase order are void and have no effect.