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Now In: Terms and Conditions
These Terms and Conditions of Sale ("Agreement") apply to you ("Buyer") when purchasing products and/or services and support ("Product") from Med1Online ("Seller"), unless otherwise specifically agreed to in writing by Seller in a separate purchase agreement with Buyer. By submitting your order, Buyer accepts and is bound to the terms and conditions of this Agreement.
1. PRICES/SHIPPING CHARGES/PAYMENT TERMS All Product prices are quoted in U.S. Dollars and are exclusive of all taxes (except taxes levied against Seller's income), including state and local use, sales, property (ad valorem), and similar taxes. Buyer agrees to pay such taxes unless Buyer has provided Seller with a valid exemption resale certificate or unless such sale is otherwise exempt from such taxes. When applicable, such taxes shall appear as a separate item on Seller's invoice. Terms of payment are within Seller’s sole discretion, and unless otherwise agreed to by Seller, payment must be received by Seller prior to Seller’s acceptance of an order. Payment for the Products will be made by credit card, wire transfer, or other prearranged payment method unless credit terms are granted by Seller. Invoices are due and payable within thirty (30) days of the date of the invoice. A finance charge of 1% per month shall be applied to all fees not paid within 30 days of the invoice date. Buyer assumes responsibility for all costs of collection, including attorney fees, for fees outstanding beyond the 30 day period. Buyer’s order is subject to cancellation by Seller, at Seller’s sole discretion. Seller is not responsible for pricing, typographical, or other errors, in any quote by Seller and reserves the right to cancel any orders resulting from such errors. All quotes are subject to Product availability and/or prior sale. Shipment will be as selected by Buyer in the order form. If there are any concerns, a customer service representative will contact you prior to processing your order. For full shipping info, visit www.med1online.com. For U.S.A. sales, Product will be shipped to Buyer’s destination. For sales outside the U.S.A., Product will be shipped per INCOTERMS 2000 CIP port of export. Seller will arrange for all export documentation. Buyer is responsible for obtaining all the required import licenses and paying any additional shipping, insurance, customs, duties, taxes, and broker fees. Buyer hereby grants, and Seller reserves, a purchase money security interest in each Product purchased hereunder, and in any proceeds thereof, for the amount of its purchase price. Upon request by Seller, Buyer shall sign any document required to perfect such security interest. Payment in full of the purchase price of any Product purchased hereunder shall release the security interest on that Product.
2. SHIPMENTS, RISK OF LOSS, TITLE, INSURANCE All Product shipment delivery dates are estimated and Seller shall make a reasonable effort to meet any delivery date(s) quoted or acknowledged. However, Seller will not be liable for its failure to meet such date(s). For full Terms and conditions and further shipping information, visit www.med1online.com. Loss or damage that occurs during shipping by a carrier arranged by Seller is Seller’s responsibility. Loss or damage that occurs during shipping by a carrier arranged by Buyer is Buyer’s responsibility. Title to the products (except software and documentation) and risk of loss shall pass to Buyer at the Seller’s delivery point to Buyer. Title to software products and documentation will remain with the applicable licensors. Seller will insure to full value the Equipment shipped or declare full value thereof to the transportation company at the time of the shipment. Buyer shall provide and maintain at its sole expense from the time of such delivery of the Equipment until payment by Buyer of the full amount due hereunder, for the Equipment insurance against loss, theft, damage or destruction of the Equipment for its full replacement value, with loss payable to Seller or its assignee.
2.1 BUYER REQUESTED SHIPPING EXCEPTIONS Buyer shall notify Seller upon initial order of any alternative arrangements and/or delayed shipping requirements, including but not limited to, facility availability. If Seller is NOT notified by the Buyer of such exceptions, Seller will proceed with typical order processing and delivery and will not be liable for any exceptional shipping and/or storage costs and Buyer becomes solely responsible and liable for all such exceptional shipping and storage related costs.
2.2 CUSTOM ORDERS Buyer acknowledges that Custom Orders may be subject to longer order processing and delivery times as well as certain additional fees.
3. WARRANTY/WARRANTY REPAIR Your purchase of a NEW Product is covered by the manufacturer's standard warranty and is set forth in the documentation you will receive with the Product. Unless otherwise noted, (i.e. sold "as is without warranty") your purchase of a REFURBISHED Product, shall include a condition classification R(0) to R(5). Please compare your Product’s classification to the "Equipment Condition Statement" below to determine your warranty terms in addition to those listed within this warranty description. If an "R" classification is not provided for the product, a similar condition and warranty statement will be provided. Seller provides no warranty on accessories or the software portion of the Product. Products shipped to Merchant Buyers (Resellers) are limited to a 10 day warranty, from time of receipt, that the hardware portion of the Product will be free from material defects in materials and workmanship under normal use and service. Products shipped to International (Outside USA) Buyers have a 48 hour warranty, from time of receipt, that the hardware portion of the Product will be free from material defects in materials and workmanship under normal use and service. Seller's sole obligation and Buyer’s exclusive remedy for breach of the warranty shall be limited to the repair or replacement, in Seller's sole discretion, of Product that does not conform to this warranty during the applicable warranty period. This warranty shall be invalidated if the Product (a) has not been installed, handled, or used in accordance with the recommended procedures set forth in the applicable documentation; (b) has been modified; (c) has been damaged through misuse, negligence, or abuse by the Buyer; (d) is damaged by causes external to the Product, including (without limitation), power failure, fire, or accident or catastrophe of any nature; or (e) has been subjected to maintenance, repairs or attempted repairs by any person other than Seller or persons specifically authorized by Seller. Buyer must have equipment professionally installed to validate any available warranty. Warranty on equipment initially sent to buyer inside USA shall be invalidated if buyer subsequently transports equipment outside of USA. To obtain warranty repair service, Buyer must obtain a Return Authorization from Seller, return the Product to Seller and describe defect noted. Buyer must retain original packaging for return of equipment. Failure to retain packaging will result in Buyer being charged for substitute packaging. Damage to equipment caused by freight carrier must be reported to Seller within 72 hours of receipt to validate warranty. Buyer must prepay all shipping charges, customs broker fees, duties, and taxes. However, in the event of an "out of box" failure, Seller will pay for any and all shipping charges. Seller will refuse any collect shipments. Seller will pay for the return of warranty repaired Products to Buyers within the USA only. For countries other than the USA, Seller will return warranty repaired Products shipped per INCOTERMS 2000 CIP port of export. Seller will arrange for all export documentation. Buyer is responsible for obtaining all the required import licenses and paying any additional shipping, insurance, customs, duties, taxes, and broker fees. To obtain warranty repair please call 1-888-637-4677 (ext 550), or email inquiry to service@med1online.com.
THE WARRANTY SET FORTH ABOVE AND IN THE "EQUIPMENT CONDITION STATEMENT" BELOW IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Buyer acknowledges that unless buyer strictly complies with the Warranty policy set forth Above, Buyer’s purchase shall be deemed final and Buyer shall be deemed to have released Seller from (i) any claim for refund or credit, and (ii) any type of damages whatsoever.
4. PROPRIETARY MATERIALS Unless otherwise agreed to in writing by Seller, copyrighted materials (software and printed documentation) supplied by Seller may not be copied except for archive purposes or to replace a defective copy. All software is provided subject to the license agreement that is part of the Product/software package and Buyer agrees to be bound by such license agreement(s). Seller does not convey any title or
ownership in the copyrighted and other proprietary materials that may be attached to or come with the Product. It is Buyer’s responsibility to ascertain and comply with any applicable licensing agreement. For use of some Products, Buyer may be required to procure a license directly from the Product manufacturer.
5. LIMITATION OF LIABILITY, INDEMNITY SELLER SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS, LOSS OF DATA, COST OF COVER), OR PUNITIVE DAMAGES. SELLER’S TOTAL LIABILITY, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT AT ISSUE.
Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller’s reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer’s employees, agents and licensees, or any person not a party hereto, (b) damage, claim, or liability arising by reason of Buyer’s breach of any of its obligations as set forth in the Agreement.
6. GOVERNING LAW / DISPUTE RESOLUTION This Agreement shall be governed by, and construed in accordance with, the laws of the State of Colorado, USA, without giving effect to the conflict of law provision thereof. The parties hereby disclaim the applicability of the 1980 U.N. Convention on the International Sale of Goods. The parties agree that any dispute related to or arising from this transaction that can not be settled through informal negotiations shall be submitted to the exclusive jurisdiction of the courts of Jefferson County, Colorado. Buyer shall pay for any collection fees for past due invoices including but not limited to reasonable attorney’s fees and court costs.
7. GENERAL This Agreement constitutes the complete agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations or offers, written or oral. This Agreement may be amended only in writing, signed by an authorized representative of each party. Seller's failure to exercise any of its rights hereunder shall not constitute or be deemed a waiver or forfeiture of such rights. Buyer shall not export, re-export, or transfer technical data or Products supplied by Seller, directly or through others, to any country or user to which such export, re-export, or transfer is restricted by USA or local country law without first obtaining any required government authorization or approval. No U.S. Government Procurement regulations shall be included hereunder and binding on either party unless specifically agreed to in writing prior to incorporation herein.
EQUIPMENT CONDITION STATEMENT
Med1Online utilizes an industry standard code applying an "R" with a number designation afterwards to determine condition and functionality. Med1Online adds to this classification its own notations and in some cases has enhanced and further defined the condition code. Compare your product’s R condition listing to the table below, and see the applicable warranty information above, if any.
R(0)- The functionality, operating condition, safety and sterility of the device is unknown and the device may have been cosmetically altered. PRIOR TO CLINICAL USE, USER MUST CHECK FOR SAFETY, PROPER OPERATION, PROPER PERFORMANCE, AND, IF APPLICABLE, PROPER LEVEL OF STERILITY. Med1Online has designated this as a PARTS ONLY unit not ready for patient use. The presence of rust and significant cosmetic damage is expected and major repair is probable. Warranties are not available for this classification. The purchaser may, for a fee, request that a biomedical inspection and/or repairs be performed on the item.
R(1)- This device performs some of the functions for which it was designed, may have been cosmetically altered, and is not up to manufacturer specifications. This device is not ready for patient contact. Med1Online represents this item as FAIR CONDITION. The presence of rust is to be expected, moderate repair is likely and cosmetic condition could be marginal to include any cracks and blemishes that are present. Warranties are not available for this classification. The purchaser may, for a fee, request that a biomedical inspection and/or repairs be performed on the item.
R(2)- This device performs the functions for which it was designed and operates according to approved standards which may include criteria and procedures approved by the Emergency Care Research Institute (ECRI), manufacturer, and other qualified sources. It has been calibrated, where applicable and is believed to be ready for patient contact (once cleaning, decontamination or sterilization, where appropriate, has been performed by the User). Operational performance verification has been performed on this device and certain components may have been replaced as needed to obtain functionality. Med1Online represents this as an item in FAIR/AVERAGECONDITION. The presence of minor rust or cosmetic blemishes is possible but does not inhibit proper function of the item. A 10 day limited warranty on parts/labor as it relates to functionality has been placed on this item (except in the case of international shipments, please see warranty terms above). Additional Service Agreement options are not available.
R(3)-This device is provided in good repair, performs all functions for which it was designed, and operates according to approved standards which may include criteria and procedures approved by the ECRI, manufacturer, and other qualified sources. This device has been calibrated, where applicable, and is believed to be ready for patient contact, once the User, where appropriate, has performed cleaning, decontamination or sterilization. Preventive maintenance has been performed as identified by the manufacturer, including: inspection, cleaning, lubrication, adjustment and/or replacement of components. Components identified by user experience as needing periodic attention, or being subject to functional deterioration and having, or potentially having, a useful lifetime less than that of the complete device may have been replaced. Non-durable items such as batteries, filters, flexible tubing, cables, wire-ropes, bearing, etc., have been replaced with new, used/tested, or remanufactured parts (a list of the parts that have been replaced remain with the device). Med1Online represents this as an item in AVERAGE/ABOVE AVERAGE CONDITION. The presence of minor rust or cosmetic blemishes is possible but does not inhibit proper function of the item. A 90-day limited warranty on part(s) and labor has been placed on this item (except in the case of Dealer/Reseller and international shipments, please see warranty terms above). Extended Service Agreement options are available for an additional charge.
R(4)- Same as R(3) except that non-durable items such as batteries, filters, flexible tubing, cables, wire-ropes, bearing, etc. have been replaced with new or remanufactured production parts. Critical components, as identified by Med1Online or the manufacturer have been replaced with new or remanufactured parts. Med1Online represents this as an item in ABOVE AVERAGE CONDITION. We have attempted to remove rust or cosmetic blemishes; although, some may still exist. A 90-day limited warranty on part(s) and labor has been placed on this item (except in the case of Dealer/Reseller and international shipments, please see warranty terms above). Extended Service Agreement options are available for an additional charge.
R(5)- Med1Online has designated this added rating for those items that are in VERY GOOD TO EXCELLENT CONDITION. These items are generally demonstration inventory, and have not been previously sold to an end user. Original factory packaging may still be used. Very minor cosmetic blemishes may be present but are highly unlikely. Med1Online has placed a 90-day limited warranty on part(s) and labor (except in the case of Dealer/Reseller and international shipments, please see warranty terms above); however, a manufacturer warranty may still apply. Extended Service Agreement options are available for an additional charge.
R(6)- Med1Online has designated this added rating for those items that are in NEW CONDITION. Items are in original factory packaging, and have not been used for demonstration purposes. A manufacturer warranty applies to the item. Extended Service Agreement options are available for an additional charge.
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