Terms & Conditions
- Orders from a customer (“Customer”) are subject to acceptance by DailyNeeds Bangladesh at its executive office only. Acceptance by Customer of any goods from DailyNeeds Bangladesh constitutes acceptance of these terms and conditions. No terms and conditions appearing in Customer’s order that are in variance with or contrary to DailyNeeds Bangladesh terms and conditions shall be binding upon DailyNeeds Bangladesh unless specifically agreed to in a writing signed by DailyNeeds Bangladesh
- DailyNeeds Bangladesh will use its reasonable efforts to deliver products on or before the estimated delivery date, but is not liable in damages or otherwise for failure to do so, regardless of the cause. All backordered items will be shipped immediately upon receipt from our supplier. DailyNeeds Bangladesh reserves the right to cancel any item from customer’s order if the item is not received within thirty (30) days from the date of the backorder. DailyNeeds Bangladesh has the sole right to select the form of transportation. Shipment of Products per routine order to Customer and subsequent back orders related to the original shipment shall be shipped FOB Destination, except for drop shipments which shall be shipped in accordance with the vendor’s shipping policies. The cost of shipment, if any, will be added to Customer’s invoice. Any charges for special handling are the responsibility of Customer and will be added to Customer’s invoice. Shipping charges are subject to change without notice. Customer shall pay all shipping charges on special order drop shipments. Furniture and large equipment is shipped to Customer’s dock. Additional charges will be applied for lift gate service, inside delivery, or set up. Certain products may be subject to different or additional shipping terms including those products described below: Drop Shipment: Drop shipped Item is shipped directly from the manufacturer. Since delivery times may vary, please ask our representatives for details when placing your order.
- › Refrigerated Shipment: Any item requiring refrigeration may be shipped separately from the rest of your order. Items are shipped on ice Monday through Wednesday only, and will arrive in two business days. Add Six Dollars and Ninety-Five Cents ($6.95) per order to cover additional handling. Refrigerated items cannot be returned.
- › Hazardous Materials: The Department of Transportation has determined that this item requires special handling. Hazardous material charges are the responsibility of Customer and will be added to Customer's invoice. Please see important information in the Returns Section.
- › Warranty: The warranties (if any) on the Products sold hereunder are only those of the manufacturer, assembler or packager of the Product, as stated in any warranty accompanying such Products, and Supplier makes no warranty, express or implied, with respect thereto.
- › Damaged Goods: All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, Customer should note the extent of the damage on the freight bill and contact DailyNeeds Bangladesh. Claims for loss or damage in transit must be entered and prosecuted by Customer. DailyNeeds Bangladesh' responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will DailyNeeds Bangladesh be held liable for any damages or expenses caused by delay in delivery.
- › Inspection/ Returns, Shortages: Customer shall have five (5) days from the date of delivery to inspect the Products and to reject any or all Products which are nonconforming or defective. Products rejected shall be promptly returned to ZogoMedical at ZogoMedical' expense; provided, however such Products are returned no later than thirty (30) days from invoice date. Credit will be given for incorrectly shipped, damaged, or defective products. In no event will DailyNeeds Bangladesh consider claims for damage or errors in shipment unless notice of such claims are transmitted to DailyNeeds Bangladesh within five (5) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the shipping carrier in accordance with such carrier’s policies and procedures. All return freight charges for Products that are deemed to be not defective or nonconforming are the responsibility of Customer. All Product shortages must be reported to DailyNeeds Bangladesh' Customer Relations department at 877-806-5888, within five (5) days of invoice date.
- The following Products have return restrictions or are not returnable and Customer should contact ZogoMedical' Customer Relations for further information:
- › Limitation of Actions
No action, regardless of form, arising out of these terms and conditions may be commenced more than one (1) year after the cause of action has occurred, except an action for nonpayment.
› Limitation of Liability
- Product Changes and Force Majeure:
- › Product Changes
Factors beyond DailyNeeds Bangladesh' control and the need for continuing improvements of Products require the making of changes in Products from time to time.DailyNeeds Bangladesh reserves the right to make reasonable changes in Products of any kind without notice, and to deliver revised versions of Products against any order, unless this right is specifically waived by it in writing. ZogoMedical shall have no responsibility whatsoever with respect to the changes made by the manufacturer of Products sold by but not manufactured by DailyNeeds Bangladesh and Customer acknowledges that such Products are subject to change at any time and from time to time.
› Force Majeure
Neither party shall be responsible for non-performance or delays due to any causes beyond such party’s reasonable control, including but not limited to Acts of God, delays of vendors or carriers, strikes, terrorism, floods, fire, acts or demands of any government or governmental or regulatory agency or otherwise. Any party seeking to excuse or delay performance will provide detailed written notice to the other party of the nature and anticipated duration of the delay. Any such delay shall effect a corresponding extension of DailyNeeds Bangladesh estimated delivery date.
- › Governing Law/ Consent of Jurisdiction