Terms and Conditions of Sale
Governing Provisions and Acceptance. All sales by Psych Screen, Inc. ("PSYCH SCREEN") are subject to these Terms and Conditions. PSYCH SCREEN objects to any additional or different terms which may be contained in Buyer's purchase order, acknowledgment, or other form. Acceptance of Buyer's purchase order is expressly conditioned upon Buyer's assent to the Terms and Conditions set forth herein, and no other terms, provisions or conditions shall be effective.
Use of Licensed Programs. Any tests, software, and related materials (the "products") sold by PSYCH SCREEN are licensed exclusively through PSYCH SCREEN. Reproduction, without the express written consent of PSYCH SCREEN is expressly prohibited. Buyer agrees not to provide or otherwise make available the products to any other person without the prior written consent of PSYCH SCREEN. Buyer agrees to take appropriate action by instruction, agreement or otherwise with its employees who are permitted access to the products in order to satisfy Buyer's obligations as required herein. All products sold and licensed are the proprietary products of PSYCH SCREEN and are protected by copyright law.
Scope of License. The purchase by Buyer of the products grants a nonexclusive license to the Buyer and its qualified employees to use the products. The products may not be transferred, sold, assigned or otherwise conveyed by Buyer to any other party without PSYCH Screen’s prior written consent. Buyer may not grant sublicenses, leases, or other rights in the products to others.
User Qualification. PSYCH SCREEN products may be purchased only by qualified professionals and qualified treatment facilities. All orders must include the name of the qualified professional who will supervise and be responsible for the use of the products. PSYCH SCREEN may require a Qualification Form to be completed prior to filling any order. Qualifications are subject to the approval of PSYCH SCREEN and generally must include the following: graduate degree in psychology, education, or closely related field that includes training in the administration and interpretation of psychological tests; membership in a professional association that requires training and experience in the ethical and competent use of psychological tests; or licensing and certification by a qualified agency or treatment facility.
Confidential Information. Buyer agrees and acknowledges that the content of the products sold and licensed by PSYCH SCREEN constitute the confidential and proprietary information of PSYCH SCREEN. Buyer agrees that the ownership of and all proprietary rights in the confidential information is reserved to and will at all times remain with PSYCH SCREEN. Buyer acknowledges that the unauthorized disclosure of such confidential information may cause substantial economic loss to PSYCH SCREEN and Buyer agrees to keep in confidence and shall not disclose such confidential information to any other party without the express written consent of PSYCH SCREEN.
Limited Warranty. During the first ninety (90) days following sale, if the products are found to be defective, PSYCH SCREEN will replace any such products free of charge during the ninety (90) day warranty period. Buyer's remedy is limited to the return of the products to PSYCH SCREEN for replacement. This limited warranty is in effect for claims made within the ninety (90) days from the original date of sale. EXCEPT AS SPECIFICALLY STATED ABOVE, PSYCH SCREEN MAKES NO WARRANTY REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GIVES THE USER SPECIFIC LEGAL RIGHTS, AND MAY ALSO IMPLY OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, AND DO NOT ALLOW A LIMITATION ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. No PSYCH SCREEN employee, supplier, or agent is authorized to make any modification or addition to this warranty.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF PSYCH SCREEN, IF ANY, FOR DAMAGES RELATING TO ANY PSYCH SCREEN PRODUCTS SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY BUYER FOR SUCH PSYCH SCREEN PRODUCTS AND SHALL IN NO EVENT INCLUDE INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.
Handling and Shipping. Reasonable handling, shipping and insurance charges shall be added to your order. For two-day or overnight delivery, Buyer should call for a quote. Unless otherwise specified, orders will be shipped via parcel service. Canadian orders will be charged GST. Unless otherwise specified, foreign orders will be shipped by airmail, duty and VAT collect.
Payment. Advance payment must accompany all orders. Payment may be made by check, money order, VISA or Master Charge. Prices in the catalog are subject to change without notice. Buyer should contact PSYCH SCREEN for current prices. All orders outside the United States, Canada, Puerto Rico, and the U.S. Virgin Islands, must be prepaid in U.S. dollars.
Applicable Law. Buyer agrees that all orders shall be deemed to have been executed and performed in and shall be governed by, construed, interpreted, and the rights of the parties determined in accordance with the laws of the State of Wisconsin.
Breach. In the event of Buyer's violation of any of the Terms and Conditions contained herein, PSYCH SCREEN shall be entitled to recover all damages and costs, including attorneys' fees, required in the enforcement of these Terms and Conditions.
Indemnity. Buyer agrees to indemnify, defend and save PSYCH SCREEN harmless from and against any and all damage, claims, demands or suits of whatever nature, and any expense incidental thereto, including attorneys' fees, which may be made, claimed or brought by Buyer, its employees or agents, or any other person or persons in connection with the use of the products, its test reports, or how test findings are interpreted by or in connection with any third party. PSYCH SCREEN reports are based on widely used psychological tests with the accuracy and validity of these tests being the responsibility of respective test publishers. PSYCH SCREEN is not responsible for test scoring, data entry or other secretarial errors. PSYCH SCREEN is not liable for the misuse, interpretation or implementation of test findings.
Separability. If any provisions of these Terms and Conditions shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any legal and enforceable provisions hereof which shall be construed as if such illegal and unenforceable provision or provisions had not been inserted herein.
Entire Agreement. These Terms and Conditions shall constitute the entire agreement between PSYCH SCREEN and Buyer.