Terms and Conditions
Medicaldevicestore.com Terms and Conditions
Thank you for ordering from MEDICALDEVICESTORE.COM. We hope you are satisfied with the items purchased. Please refer to our "Terms and Conditions" which follow below, for all your product-related needs.
1. Purchase of Products
1.1 Purchases of instruments, devices, equipment and accessories ("products") from MEDICALDEVICESTORE.COM ("MDS") are subject to, and governed exclusively by, these Terms and Conditions, all of which constitute the sole and entire agreement between MDS and you with respect to such purchases.
1.2 MDS sells its products only to medical facilities, licensed providers of medical services, governmental agencies and educational institutions, and to customers that sell, lease and/or rent the products to the foregoing.
1.3 By purchasing products from MDS: (i) you accept and agree to be bound solely by these Terms and Conditions, (ii) you agree that any conflicting, inconsistent and/or additional provisions contained in any documentation or communication by you shall be of no force or effect and these Terms and Conditions will supersede and prevail over such conflicting, inconsistent and/or additional provisions, (iii) you represent and warrant that you are a medical facility, licensed provider of medical services, governmental agency or educational institution or that you sell, lease and/or rent to the foregoing any products you purchase from MDS, and (iv) you acknowledge and accept all responsibility for federal, state, local and foreign regulatory compliance required in the further sale or use of products purchased from MDS.
2.1 Prices are subject to change at any time.
2.2 Payments for all products purchased must be made only in US Dollars (US $) by credit card at the time of purchase. Amounts payable to MDS for the purchase of products are not subject to withholding, set-off, or counter-claim under any circumstances.
2.3 Shipments are F.O.B. shipping point; freight, handling and all applicable taxes will be added to invoice and charged to you at time of purchase.
2.4 Any and all collection expenses, including reasonable attorneys fees, which are incurred by MDS to secure payment of any sums due from you, together with a finance charge on unpaid balances equal to the lesser of one and one-half percent (1-1/2%) per month or the maximum amount allowed by law, and/or to effectuate repossession of products purchased from MDS will be borne by you.
2.5 All controversies, disputes and claims, shall be adjudicated by a court of competent jurisdiction within the County of Los Angeles, State of California or the United States District Court, Central District of California, which courts shall have exclusive jurisdiction of such matters; you consent to the exclusive jurisdiction of such courts.
2.6 The Terms and Conditions and all purchases shall be governed by, construed and interpreted in accordance with the substantive laws of the State of California (not including its conflicts of laws rules).
2.7 The invalidity or unenforceability of any of these Terms and Conditions will not affect the validity or enforceability of any other or remaining Term or Condition. These Terms and Conditions are subject to change at any time and without prior notice to you.
3.1 Although products are carefully packed to minimize in-transit damage, all shipments should be carefully examined upon receipt and if a product is damaged, you must document the nature and extent of the damage and immediately contact MDS.
3.2 If concealed loss or damage is discovered, you must retain all packing materials and immediately notify MDS, requesting an inspection.
3.3 If shipments are received short, you must contact MDS at once.
3.4 MDS is not liable for any damages caused by, or attributable to, delays and/or non-delivery due to any cause whatsoever.
4. Return Policy
4.1 Credit will only be issued for products that are returned within 30 days of invoice date in resalable condition and in the original, as well as undamaged, packaging. No credit will be issued for products returned after 30 days from the date of invoice.
4.2 Returns must be carefully packed and shipped pre-paid to MDS. Shipping charges will be reimbursed if the return was due to an error on the part of MDS. When returning products, you must include a copy of the original invoice or packing slip to ensure prompt issuing of credit.
4.3 The following products may not be returned for credit or exchanged: (1) products held longer than 30 days from invoice date; (2) products that are etched or engraved by you; (3) products damaged or defaced by you; (4) products not complete as shipped; and (5) products used after delivery to you.
4.4 In order to prevent the transmission of disease to your and/or MDS' personnel, all products must be cleaned and then sterilized and/or disinfected before sending the products back to MDS, who reserves the right to return unclean and contaminated products to you or to charge a "cleaning fee" to handle such products.
4.5 If any product becomes damaged and is not immediately returned for repair, MDS assumes no responsibility or liability for continued use of that damaged product.
4.6 MDS does not guarantee the performance of, and may decline to repair or accept for exchange, any product that has been repaired, modified and/or altered by any person or entity other than MDS or an authorized repair facility of MDS.
5. Limited Warranty Policy
5.1 All products are sold, and accepted by you, in "as is" condition, subject only to this Limited Warranty Policy.
5.2 Products sold by MDS are warranted to be in good working order and free from defects in workmanship and materials for 30 days from date of sale. Any product with such defect may be returned for credit pending product evaluation upon receipt.
5.3 THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS AND/OR OF SUITABILITY FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALL PRODUCTS OR SERVICES. ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND/OR GUARANTEES, OF ANY TYPE, NATURE OR EXTENT, BE IT IMPLIED, EXPRESS AND/OR WHETHER ARISING UNDER OR AS A RESULT OF ANY STATUTE, LAW, COMMERCIAL USAGE, CUSTOM, TRADE OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.
5.4 Any contrary course of performance by and between the parties will not modify any representations and/or warranties set forth in these Terms and Conditions.
5.5 MDS neither assumes, nor authorizes, any person to assume for it, any other liabilities in conjunction with and/or related to the sale and/or use of the products. The remedies provided in these Terms and Conditions are the exclusive remedies under this Limited Warranty Policy.
6. Limitation of Liability
6.1 MDS is not liable, directly or by way of indemnity, either expressly or impliedly, for: (1) any damages which might arise or be caused, whether by you or by any of the users of the products provided by MDS, as a result of, in connection with, or otherwise attributable to: (a) misuse, abuse, mishandling and/or improper operation of the products; (b) any repairs, servicing, modifications and/or alterations (c) use in combination with adaptors, accessories and/or equipment from other manufacturers or, (d) use in any manner other than those for which such products are designed and are otherwise intended to be used; and, (2) any special, incidental, consequential, punitive, exemplary or indirect damages, including but not limited to alleged damages for delayed shipment, non-delivery, product failure, product design or production, inability to use such products, loss of future business (lost profits), or from any other cause, whatsoever, in connection with or arising from the purchase, sale, lease, rental, installation or use of such products or with respect to these Terms and Conditions even if a party has been advised of the possibility of such damages.
6.2 SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATIONS AND/OR EXCLUSIONS, SET FORTH IN THE WITHIN TERMS AND CONDITIONS (MORE SPECIFICALLY IN THE "LIMITED WARRANTY POLICY" AND "LIMITATION OF LIABILITY" SECTIONS HEREOF), MAY NOT APPLY. IN THAT EVENT, MDS' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THE SUBJECT JURISDICTION.
7. Software Ownership and Licensing
7.1 With respect to products containing software components, you are granted a non-exclusive, limited, non-transferable license to use the programmed logic, computer programs and/or software ("Software") supplied by MDS, in connection with, and incorporated into, the products internally, but only in the form in which delivered to you and for the sole purpose of operating in accordance with written instructions for such products provided to you (and for no other product or purpose).
7.2 The Software, and all modifications, enhancements and upgrades thereto, will, at all times, remain the property of the manufacturer of the products. You may not, and may not permit anyone else to, duplicate, copy, reverse-engineer, de-compile, or disassemble the Software or in any way modify the Software. You have no right to, and may not, create derivatives of the Software, and you may not attempt to copy, create or re-create the source code of the Software. Any and all such modifications or enhancements to the Software in contravention of this license will immediately become the sole property of MDS or the manufacturer of the products.
7.3 You hereby acknowledge and agree: (i) that the purchase of products does not constitute a sale of the Software, (ii) that the Software is the property of MDS or the manufacturer of the products, (iii) that you neither own nor acquire any interest in any copyright, patent or other intellectual property right in or to the Software, and, (iv) MDS and/or the manufacturer of the products retains and owns all right, title, and interest in and to the Software and the ownership rights therein, at all times, regardless of the form or media in or on which the original or other copies of the Software may exist.
7.4 In the event of a failure by you, or your agents, employees or representatives, or third-party end-users, to comply with any terms and conditions of the License herein granted, the License will, without any further action by MDS, the manufacturer of the products or any other party, immediately terminate.