TERMS AND CONDITIONS:

1. CONSTRUCTION AND LEGAL EFFECT: We accept your offer upon the express condition that you agree to the terms and conditions set forth herein. They supersede and reject any conflicting terms and conditions of yours, any statement in yours to the contrary notwithstanding. Exceptions to any of our terms and conditions must be contained in a written or typed (not printed) statement received from you; we shall not be deemed to have waived any of our terms and conditions or to have assented to any modification or alteration of such terms and conditions unless such waiver or assent is in writing and signed by an authorized officer. No representation of any kind has been made by us except as set forth herein; this agreement conclusively supersedes all prior writings and negotiations with respect thereto and we will furnish only the quantities and items specifically listed on the face hereof. The various callcare instructions contained in the various price bulletins are hereby incorporated herein. This agreement contains the entire agreement between the parties. We assume no responsibility for furnishing other equipment or material or shown in any plans and/or specifications for a project to which the goods ordered herein pertain. Any action for breach of contract must be commenced within one year after the cause of action has accrued. Our published or quoted prices, discounts, terms and conditions are subject to change without notice.

2. PRICES: Prices shown are current and are subject to change without notice. Prices billed will be those in effect at time order is placed. The amount of any applicable present or future tax or other government charge upon production, sale, shipment or use of goods ordered or sold will be added to billing unless you provide us with an appropriate exemption certificate.

3. PRODUCT RETURN POLICY: All items to be returned must have a Return Authorization Number. The returned products must be unused in order to receive credit towards future purchases. callcare does not give cash refunds.

3A. RESTOCKING CHARGES:

CUSTOM ORDERS: Product made specially for you order cannot be returned. This includes all Breath Activated call cords.

SPECIAL ORDERS: Product not stocked by callcare and ordered specifically for your order will have a 50% restocking charge.

ALL OTHER ORDERS: Any product returned within 60 days of ship date will not have any restocking charge. Returns over 60 days will be subject to callcare approval. Any item processed for shipping can be cancelled but requires written or verbal approval from callcare.

4. RECORDS, AUDITS & PROPRIETARY DATA: Unless otherwise specifically agreed in writing signed by two authorized officers, neither you nor any representative of yours, nor any other person, shall have any right to examine or audit our cost accounts, books or records of any kind or on any matter, or be entitled to, or have control over, any engineering or production prints, drawings or technical data which we, in our sole discretion, may consider in whole or in part proprietary to ourselves.

5. DELIVERY: No allowance has been made, nor shall we be liable directly or indirectly for, delays of carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, fires, accidents, failure or delay in obtaining materials or manufacturing facilities, acts of government affecting us directly or indirectly, bad weather, or any causes beyond our control or causes designated as Acts of God or force nature by any court of law, and the estimated delivery date shall be extended accordingly. We will not be liable for any damages or penalties whatsoever, whether direct, indirect, special or consequential, resulting from our failure to perform or delay in performing unless otherwise agreed in writing by an authorized officer.

6. FREIGHT CHARGES AND CLAIMS: Orders are shipped "freight prepaid" unless otherwise specified. Claims for loss or damage in transit should be made immediately with callcare on "freight prepaid" shipments, or with the carrier on "freight collect" shipments. No allowance has been made, nor shall we be liable directly or indirectly for, delays of carriers or delays from labor difficulties, shortages, strikes or stoppages of any sort, fires, accidents, failure or delay in obtaining materials or manufacturing facilities, acts of government affecting us directly or indirectly, bad weather or any causes beyond our control or causes designated as Acts of God or force of nature by any court of law, and the estimated delivery date shall be extended accordingly. We will not be liable for any damages or penalties whatsoever, whether direct, indirect, special or consequential, resulting from our failure to perform or delay in performing unless otherwise agreed in writing by an authorized officer.

7. SHIPPING, TITLE & SHIPPING: Shipping instructions will be listed on each individual order. Delivery of product to a carrier from callcare shall constitute delivery to purchaser; and regardless of freight payment, title and risk of loss or damage in transit shall pass to purchaser at that time. Great care is taken in the packing of each callcare product. callcare cannot be held responsible for breakage after having received "in good order" receipts from the transportation company. In case of shortage in shipments, callcare must be notified of the shortage within five days after receipt of material. For more information click here.

8. PATENTS, COPYRIGHTS AND MASK WORKS:

8A. If Buyer receives a claim that any product or part thereof (herein called "Product") manufactured by Seller infringes a U. S. Patent, Copyright or Mask Work, Buyer shall promptly notify Seller promptly in writing and give Seller information, assistance and exclusive authority to evaluate, defend, and settle such claim. Seller shall then at its own expense and option (1) settle such claim; (2) procure for Buyer the right to use such Product; (3) replace or modify it to avoid infringement; (4) remove it and refund the purchase price; or (5) defend against such claim. Provided such timely notice, information, assistance and authority has been given by Buyer to Seller, should any court of competent jurisdiction hold such product to constitute infringement, Seller shall pay any costs and damages finally awarded on account of such infringement and, if the use of such product is enjoined, Seller shall take at its option one or more of the actions under (2), (3) or (4) above. With respect to any product not manufactured by Seller, the patent indemnity, if any, given by the manufacturer thereof shall apply in place of the foregoing indemnity.

B. The foregoing indemnity shall not apply to any claim that arises out of Seller's compliance with the specification or design of Buyer and it shall not apply to any claim of infringement resulting from the use of Product in combination with other equipment and materials not furnished by Seller. Buyer shall hold Seller harmless and indemnified against all claims described in this paragraph B. The sale of any goods hereunder does not carry with it any license to use such goods in combination with other goods not purchased from Seller and which combination is the subject of any patent owned or controlled by Seller.

C. The rights and obligations of the parties with respect to Patents, Copyrights and Mask Works are solely and exclusively as stated herein.

D. Should any court of competent jurisdiction hold such product to constitute infringement, Seller shall pay any costs and damages finally awarded on account of such infringement and, if the use of such product is enjoined, Seller shall take at its option one or more of the actions under (2), (3) or (4) above. With respect to any product not manufactured by Seller, the patent indemnity, if any, given by the manufacturer thereof shall apply in place of the foregoing indemnity.

E. The foregoing indemnity shall not apply to any claim that arises out of Seller's compliance with the specification or design of Buyer and it shall not apply to any claim of infringement resulting from the use of Product in combination with other equipment and materials not furnished by Seller. Buyer shall hold Seller harmless and indemnified against all claims described in this paragraph B. The sale of any goods hereunder does not carry with it any license to use such goods in combination with other goods not purchased from Seller and which combination is the subject of any patent owned or controlled by Seller.

F. The rights and obligations of the parties with respect to Patents, Copyrights and Mask Works are solely and exclusively as stated herein.