Precision Pulse LLC
Purchase Agreement & Terms of Sale
This Purchase Agreement and Terms of Sale (the “Agreement”) is entered into by and between Precision Pulse LLC, a Utah limited liability company (“Precision Pulse,” “we,” “us,” or “our”), and the purchaser identified at checkout or in the applicable order documentation (“Buyer” or “you”). This Agreement governs your purchase of the products described below. By placing an order or clicking to accept these terms, you acknowledge that you have read, understood, and agree to be bound by it.
01 Eligibility — Licensed Healthcare Professionals Only
The products sold under this Agreement are offered exclusively to, and may be purchased only by, licensed healthcare professionals and the clinics, practices, or business entities they own or are authorized to purchase on behalf of. By placing an order, Buyer represents and warrants that Buyer is a licensed healthcare professional in good standing (or an authorized purchasing agent for such a professional or practice) and holds all licenses, registrations, and credentials required to acquire and operate the Product in Buyer’s jurisdiction.
Precision Pulse may, at its discretion, request evidence of professional licensure before accepting or fulfilling an order and may refuse or cancel any order where eligibility cannot be reasonably verified.
02 Products and What Is Included
Precision Pulse offers three models (each, a “Product”): the Precision Pulse FX, the Precision Pulse RX, and the Precision Pulse MX. Each Product ships with the accessories described for its model below. Operating software comes pre-installed and integrated on arrival.
Precision Pulse FX includes: focused applicator; water tank tube and funnel tube; power cord; one (1) spare bladder replacement; replacement ringlets; and an Allen wrench.
Precision Pulse RX includes: power cord; radial applicator with two (2) bullets; one (1) backup shaft replacement; thirteen (13) transmitter tips; laser applicator with three (3) interchangeable guards; wire cleaning brush; screws and applicator housing for both the radial applicator and the laser; optic cable roll; blackout glasses for the patient; and UV regulatory-grade protective glasses for the operator performing laser treatment.
Precision Pulse MX includes: the applicators included with the configured system; a detached touchscreen; screws and housing for the applicators; and, if the laser applicator is included, a rubber laser attachment.
All orders additionally include the necessary screws and backup ringlets where applicable. The owner’s manual is not shipped in physical form; it is available online and accessible via the QR code affixed to the back of the unit.
Not included. The following are excluded from purchase unless separately ordered: extra consumables; distilled water (not required for the RX); and any parts, accessories, or components not expressly listed above for the applicable model.
03 Intended Use; General Wellness; No Medical Claims
The Product is sold as a general wellness product. It is intended to support general wellness applications only. The Product is not intended, marketed, or sold to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
Precision Pulse makes no representation that the Product has been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA) for any medical, diagnostic, therapeutic, or curative purpose. Any statement to the contrary — whether in marketing, resale, or in Buyer’s own communications to patients or clients — is unauthorized and outside the scope of this Agreement.
Buyer acknowledges and agrees that Buyer is solely responsible for how the Product is used within Buyer’s own professional practice, including any determination of clinical appropriateness, any representations Buyer makes to Buyer’s own patients or clients, and any use of the Product beyond the general wellness applications for which it is sold. Buyer assumes all responsibility and liability for such use.
04 Orders and Order Acceptance
An order placed by Buyer constitutes an offer to purchase the Product subject to this Agreement. All orders are subject to acceptance by Precision Pulse. Precision Pulse may accept, decline, or limit any order, and no order is binding until Precision Pulse confirms it in writing (including by order-confirmation email) and, where applicable, verifies Buyer’s eligibility and payment or financing approval.
05 Price and Payment
The purchase price is the price stated at the time of order. Unless otherwise agreed in writing, payment is due in full and up front at the time of purchase. Buyer is responsible for all applicable sales, use, and similar taxes, except taxes based on Precision Pulse’s net income.
Financing. Buyer may instead finance the purchase through Precision Pulse’s official financing partner, NCMIC, or through another third-party lender approved by Precision Pulse. Precision Pulse does not provide in-house or direct financing of any kind. Any financing arrangement is solely between Buyer and the lender and is governed by the lender’s own terms; Precision Pulse is not a party to, and bears no responsibility for, that arrangement. Where a purchase is financed, the order is not accepted until the lender approves and confirms funding.
06 Shipping, Delivery, Title, and Risk of Loss
Precision Pulse ships to destinations within the United States only. Precision Pulse pays all shipping and handling costs for the initial delivery of the Product.
Precision Pulse assumes all risk of loss for shipments lost in transit prior to delivery. Title to the Product, and risk of loss for any damage occurring after delivery, pass to Buyer upon delivery to the address specified in the order. Delivery dates are estimates only and are not guaranteed.
07 Software License
The Product includes pre-installed, integrated operating software (the “Software”). Precision Pulse grants Buyer a limited, non-exclusive, non-transferable, revocable license to use the Software solely as embedded in and for the operation of the Product. Buyer shall not copy, modify, reverse engineer, decompile, distribute, or create derivative works of the Software, or transfer the Software separately from the Product. All rights not expressly granted are reserved by Precision Pulse and its licensors.
08 Limited Warranty
Precision Pulse warrants that the Product will be free from defects in materials and workmanship under normal use, in accordance with the coverage and terms below, measured from the date of delivery (or, for impulse-based coverage, over the stated number of impulses):
| Coverage | Applies To | Term |
|---|---|---|
| Core machine parts | FX · RX · MX | 12 months from delivery |
| Applicators (normal use) | RX · MX | 12 months from delivery |
| Applicator | FX | 1,000,000 impulses |
| Pulse Switch (consumable) | FX | 1,000,000 impulses |
| Bullet — consumable within the applicator | RX | 1,000,000 impulses |
This warranty extends only to the original Buyer and is non-transferable. To make a warranty claim, Buyer must contact Precision Pulse in writing during the applicable warranty period and follow Precision Pulse’s return-authorization instructions. Precision Pulse’s sole obligation, and Buyer’s exclusive remedy, is — at Precision Pulse’s option — repair or replacement of the defective part or Product, or refund of the amount allocable to the defective item.
09 Warranty Exclusions and Disclaimer
The limited warranty does not cover, and Precision Pulse is not responsible for, damage or failure resulting from: misuse, abuse, or operation outside the intended general-wellness use; failure to follow the owner’s manual or maintenance instructions; unauthorized modification, service, or repair; use of non-approved consumables or parts; accident, neglect, power surge, or improper environmental conditions; or normal wear of consumable components beyond their rated life.
EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY STATED IN THIS AGREEMENT, THE PRODUCT AND SOFTWARE ARE PROVIDED “AS IS,” AND PRECISION PULSE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
10 Lifetime Technical Support
Precision Pulse provides lifetime technical support to all of its customers. Technical support is always available by emailing service@precisionpulsefx.com, and remains available even after the applicable warranty period has expired. For any technical issue that arises, Precision Pulse will work in good faith toward a reasonable and timely resolution.
For support requested outside the applicable warranty period, the costs of resolution are the responsibility of the Buyer, including parts, labor, and the shipping of any parts or of the machine by the Buyer. The route of resolution will be determined by mutual agreement between Precision Pulse and the Buyer.
11 Returns and Refunds
- Return window. Buyer may return the Product within thirty (30) days of delivery, subject to the conditions below.
- How to initiate. Buyer must initiate a return by contacting Precision Pulse in writing within the 30-day window and at least twelve (12) days before shipping the Product back. Returns cannot be initiated after the 30-day window has closed.
- Condition. Returned Products must be in like-new condition and must include all parts and accessories included in the original shipment.
- Return shipping. Buyer is responsible for return shipping costs.
- Restocking fee. No restocking fee applies.
- Training access. Upon a return, Buyer’s access to the ACRT Shockwave Mastery program will be revoked. Any ACRT books already shipped to Buyer do not need to be returned.
- Refund. Once Precision Pulse receives and inspects the returned Product and confirms it meets the conditions above, Precision Pulse will issue a refund of the purchase price using the original payment method (or, for financed purchases, in coordination with the lender).
12 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PRECISION PULSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATING TO THE PRODUCT, THE SOFTWARE, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRECISION PULSE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCT GIVING RISE TO THE CLAIM.
13 Buyer Representations, Covenants, and Indemnification
Buyer represents, warrants, and covenants that Buyer will:
- operate the Product only in accordance with the owner’s manual and its intended general-wellness use;
- hold and maintain all professional licenses, permits, and authorizations required to acquire and use the Product;
- make no representation to any third party that the Product is FDA-cleared or FDA-approved, or that it diagnoses, treats, cures, or prevents any disease or condition; and
- comply with all applicable federal, state, and local laws in connection with Buyer’s purchase and use of the Product.
Buyer shall indemnify, defend, and hold harmless Precision Pulse and its members, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to Buyer’s use of the Product, Buyer’s representations to its patients or clients, Buyer’s off-label or non-wellness use, or Buyer’s breach of this Agreement.
14 Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-laws principles. The parties agree that the exclusive venue for any dispute arising out of or relating to this Agreement shall be the state or federal courts located in Utah, and each party consents to personal jurisdiction there.
15 General Provisions
Entire Agreement. This Agreement, together with the order confirmation and any documents expressly incorporated by reference, is the entire agreement between the parties regarding the Product and supersedes all prior understandings.
Amendments; Updates. Precision Pulse may update these Terms of Sale prospectively by posting a revised version; the version in effect at the time of Buyer’s order governs that order.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Assignment. Buyer may not assign this Agreement without Precision Pulse’s prior written consent. Precision Pulse may assign it freely.
Force Majeure. Precision Pulse is not liable for delays or failures caused by events beyond its reasonable control.
Waiver. No waiver of any term is effective unless in writing, and no failure to enforce a term waives the right to later enforce it.
Notices. Notices to Precision Pulse must be sent in writing to [company address / email]. Notices to Buyer may be sent to the contact information provided at order.
16 Acknowledgment and Acceptance
By clicking to accept these terms at checkout, Buyer acknowledges that Buyer has read and agrees to this Agreement, is a licensed healthcare professional (or authorized purchasing agent), and understands that the Product is a general wellness product not intended to diagnose, treat, cure, or prevent any disease or condition.