Terms & Conditions
Practitioners (individually or collectively, referred to as the Guarantor or Customer) agree that payment is due immediately upon placing an order and that all disputes will be handled through Les Encres, LLC standard credit process. Customer is authorizing Les Encres, LLC's and the merchant bank to charge the credit card indicated on file for orders placed directly or through their sales representative. Authorization to charge this credit card shall remain in effect until Les Encres, LLC has received written notice from the customer to terminate the authorization.
The Practitioner (individually or collectively, referred to as the Guarantor) hereby jointly and severally guarantees to Les Encres, LLC that Guarantor will fully and promptly pay all its present and future obligations to Les Encres, LLC, whether direct or indirect, joint or severed, absolute or contingent, secured or unsecured, matured or not, and whether originally contracted with Les Encres, LLC or otherwise acquired by Les Encres, LLC This guaranty applies to all the Guarantor’s obligations to Les Encres, LLC, even if such obligations are invalid and unenforceable or not perfected. This guaranty is an absolute and unconditional guaranty of payment. It is a continuing guaranty and covers any future extensions of credit by Les Encres, LLC to Guarantor. This guaranty is a legally binding guaranty of payment when due and not merely of collectability after judgment or other action against applicant. Les Encres, LLC may at any time, without guarantor’s consent, without notice to guarantor and without affecting guarantor’s obligations under this guaranty, do any of the following: (i) renew, modify (including any increase or decrease in the rate of interest), or extend any obligations of applicant, co-guarantors (whether hereunder or under a separate agreement) or of any other party at any time directly or contingently liable for the payment of any of Guarantor’s obligations; (ii) enter into additional extensions of credit to the applicant; (iii) accept partial payments for applicant’s obligations; (iv) settle, release (by operation of law or otherwise), compound, compromise, collect or liquidate any of the applicant’s obligations and the security therefore in any manner; (v) consent to the transfer of security or (vi) bid and purchase at any sale of security. Guarantor agrees, without Les Encres, LLC first having to proceed against Guarantor or any security held by Les Encres, LLC, to pay on demand Guarantor’s default on its obligations or Guarantor’s default under this guaranty. Guarantor agrees to pay on demand any deficiency resulting from a sale of security held by Les Encres, LLC even if the sale is made without notice to the guarantor. Guarantor’s obligations under this guaranty are independent of and separate from the obligations of the applicant. Upon the occurrence and during the continuance of any default by the applicant, Les Encres, LLC can sue guarantor separately from applicant, whether Les Encres, LLC sues applicant in such a lawsuit and whether Les Encres, LLC sues applicant in a separate lawsuit. If Les Encres, LLC elects to proceed with any course of action under this guaranty or against applicant, that election shall not preclude Les Encres, LLC from taking any other course of action. This guaranty shall not be affected by any termination or change in the relationship between guarantor and applicant. Guarantor assumes all responsibility for keeping informed of (i) applicant’s financial condition and assets, (ii) all other circumstances bearing upon the risk of nonpayment of applicant’s obligations to Les Encres, LLC and (iii) the nature, scope and extent of the risks which guarantor assumes and incurs under this guaranty. Guarantor agrees that Les Encres, LLC shall have no duty to advise guarantor of information known to Les Encres, LLC regarding such circumstances or risks. Guarantor waives (i) notice of Les Encres, LLC acceptance of this guaranty, (ii) presentment, demand, protest and notice of non-payment or protest as to any note or obligation signed, accepted, endorsed or assigned to Les Encres, LLC by applicant, (iii) any other demands and notices required by law and (iv) all set-offs and counterclaims.
CREDITS AND RETURNS: Refunds or exchanges will not be given on any open pouches of threads or product after 10 days of receipt of order. Credit for returned merchandise will be assessed upon receipt of the merchandise and only for items that are authorized for return by Les Encres, LLC. Issuance of a return authorization does not guarantee a credit will be issued. All credits will be reflected in Practitioner’s account to apply toward future purchases. Practitioner must report any errors and/or discrepancies in orders within 48 hours of receipt, Les Encres is not obligated to issue credit for errors on discrepancies not reported within such time period. Credits will be issued at the original purchase price shown on the invoice or current program price (whichever is less), less the amount of off-invoice allowances or adjustments, including but not limited to a 10% handling charge, restrictions and/or adjustments. Items returned due to Practitioner error or overstocking are subject to a 25% handling charge. All returns must comply with these terms and conditions and all applicable laws, rules and regulations. GOVERNING LAW: This Application shall be construed and enforced in accordance with the laws of the State of Wisconsin, without reference to its principles of conflict of laws. Practitioner agrees that Les Encres, LLC may bring any legal or equitable action against Practitioner, and that Practitioner shall bring any legal or equitable action against Les Encres, LLC, in any court of general jurisdiction in Loudon County, Tennessee. Practitioner irrevocably consents to personal jurisdiction, and waives any objection it may have to the laying of venue of any such action, in such court. Practitioner irrevocably agrees to service of process by certified mail, return receipt requested, to the address of Practitioner set forth on the attached business form or any related agreement. WAIVER OF JURY TRIAL: Except as prohibited by applicable law, the parties herby waive any and all rights they may have to a jury trial in connection with litigation commenced by or against Les Encres, LLC with respect to their rights and obligations under this form or any other agreement between the parties, in any manner connected with, related to or incidental to transactions between the parties, whether sounding in contract, tort or otherwise. ACKNOWLEDGEMENTS: By signing this form, you affirm that you have received and read this form in its entirety and any supplemental documents governing this relationship. You affirm that neither you, nor your business has ever been sanctioned by the FDA or state medical Board. You affirm that you and your business representatives fully understand, acknowledge and accept the Refund and Exchange policy of Les Encres, LLC as described above and described in full on the Les Encres, LLC website. You affirm that you and your business representatives hereby agree fully and forever release and discharge Les Encres, LLC and their officers, employees, and agents (collectively, the “Released Parties”), from any and all claims, demands, causes of action, damages or liability arising directly or indirectly from all medical acts or omissions. You affirm that you and your business representatives hereby assume the risk of any damages, injuries or future liabilities which may now be latent or unexpected or which may hereafter appear, develop or occur as a result of the acts or omissions, and will hold the Released Parties harmless from any and all claims therefor. You affirm that the information you have provided is accurate and you agree to notify us of any changes.
EDUCATIONAL SESSIONS AND DEMONSTRATIONS: Les Encres makes all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two weeks in advance of commitments. Therefore, Practitioners who reschedule within two weeks in advance of their confirmed session service date may be subject to a 10% services fee. Practitioners who cancel within two weeks in advance of their confirmed session or demonstration service date may be subject to at 30% services fee. Les Encres, LLC is not responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside our control that may cause the cancellation or postponement of travel to or from a session or demonstration. Refunds will be reflected in Practitioner’s account as a credit to apply toward future purchases; no refunds will be offered after a Session has commenced. Practitioner or Practitioner's Medical Director must have an active unrestricted license to practice medicine, for the state in which the Session is to be provided. Practitioner or Practitioner's Medical Director shall present the original license and provide a photocopy of the license to the Company, prior to the session or demonstration being provided. The session or demonstration must be conducted under the direct on- site medical supervision of the Practitioner or Practitioner's Medical Director who is licensed to practice medicine at the location. The session or demonstration procedure(s) may only be conducted upon a current patient of the licensed physician supervising the session or demonstration. Practitioner acknowledges and agrees that Les Encres, LLC does not make any guarantees or warranties as to any result which may arise or result from the session, demonstration or procedure(s) performed on the patient at the session or demonstration. Practitioner and the licensed physician supervising the session or demonstration agree to the following conditions: 1. Practitioner represents and warrants the licensed physician supervising the session or demonstration has an active unrestricted license to practice medicine in the state where the session or demonstration is being performed. 2. Practitioner represents and warrants the licensed physician supervising the session or demonstration maintains adequate medical malpractice insurance covering the medical procedure(s) to be performed at the session or demonstration. 3. Prior to the session or demonstration being conducted and procedure(s) being performed on the patient, the licensed physician shall provide a medical evaluation assessing the patient's suitability for the procedure(s) to be performed. The licensed physician shall provide a consultation to the patient, explaining the procedure(s) to be performed and the risks involved. In the consultation, the licensed physician shall explain and discuss the nature of the procedure(s); reasonable alternatives to the proposed procedure(s); the potential risks, uncertainties, and benefits of the procedure(s) and each alternative; the patient's understanding of the procedure(s); and the patient's acceptance of the risks involved in undergoing the procedure(s). 4. Prior to the session or demonstration being conducted and procedure(s) to be performed on the patient, the patient must provide a signed written consent and waiver, indicating the patient's informed consent to the procedure(s), and releasing Les Encres, LLC, and Practitioner from all liability arising from the procedure(s). 5. On the day of the session or demonstration, the licensed physician supervising the session or demonstration shall conduct a medical examination of the patient prior to the procedure(s) being performed, according to the requirements of the procedure(s), as provided by Les Encres, LLC. 6. After performance of the procedure(s) at the session or demonstration, Practitioner and the licensed physician supervising the session or demonstration shall provide all required post procedure(s) care and monitoring to the patient, including monitoring for and providing care for any potential adverse effects from the procedure(s). Practitioner hereby agrees to release and hold harmless Les Encres, LLC, its officers, employees, and agents (hereafter, the “Released Parties”) from any and all claims, damages, liabilities, and causes of action arising from any and all acts or omissions performed or made by the Released Parties at the session or demonstration, and from the procedure(s) performed at the session or demonstration. Practitioner hereby agrees to assume any and all liability arising from the session, demonstration and procedure(s) performed on the patient at the session or demonstration. Practitioner hereby agrees to assume any and all future and potential future liabilities which may arise from the session, demonstration and procedure(s) performed on the patient at the session or demonstration, including from any latent and unexpected injuries which may develop or occur after the procedure(s). Practitioner agrees to indemnify, hold harmless, and defend Released Parties against any claims, damages, and/or lawsuits which may arise from the session, demonstration and procedure(s) performed on the patient at the session or demonstration.