Terms of Sale
Taxes: MED will collect sales tax in all states where MED carries nexus. Otherwise: Customer to reconcile directly with the taxing authority.
MEDICAL EQUIPMENT DYNAMICS, INC.’S TERMS AND CONDITIONS OF SALE
1. OFFER AND ACCEPTANCE; ENTIRE AGREEMENT: These Terms and Conditions of Sale are incorporated by reference into all Sales made by Medical Equipment Dynamics. (SELLER) for the BUYER’S purchase of any and all equipment being sold by SELLER to BUYER and shall supersede all prior understandings, transactions, and communications, whether written or oral, with respect to the matters referenced herein and form the complete contract between SELLER and BUYER. SELLER’S ACCEPTANCE OF ANY OFFER MADE BY BUYER IS EXPRESSLY CONDITIONAL ON BUYER’S ASSENT TO THESE TERMS AND CONDITIONS. No amendments or modifications of this Agreement shall be binding or effective unless in writing and signed by both parties. SELLER and BUYER agree that the sale of the Goods described is not a consumer transaction.
2. INSPECTION/ACCEPTANCE OF GOODS: BUYER shall be responsible for inspecting all equipment prior to acceptance; provided, however, that if BUYER has not given SELLER written notice of rejection within fourteen (14) days of BUYER’s receipt of equipment, the equipment shall be deemed to have been accepted by BUYER. If an item is listed “as-is for parts”, the BUYER shall be responsible for accepting all equipment and components as-is that there will be no refunds.
3. WARRANTY: SELLER warrants to BUYER that the Goods shall be free from material defects for the warranty period specified in SELLER’S Quotation. There are no warranties which extend beyond the time period described in SELLER’s Quotation, but any manufacturer’s warranties will be passed through SELLER to BUYER if allowable. This express warranty excludes all implied warranties and there are no warranties which exist beyond those stated in this Agreement. SELLER, in no event, shall be liable for a breach of warranty in an amount in excess of the purchase price of the equipment. All warranty claims must be made by written notice to SELLER within the specified warranty period. This warranty is contingent upon: (a) BUYER’S establishing that the equipment has been properly installed, maintained, and operated in accordance with the manufacturer’s recommendations, (b) SELLER’s prompt receipt of written notice of any such defect, and (c) such defect is verified by SELLER upon return of the equipment to SELLER at BUYER’S expense or upon inspection by an authorized representative of SELLER at SELLER’s option. If an item is listed “as-is for parts”, the SELLER does not warrant to BUYER that the Goods shall be free from material defects for the warranty period specified in SELLER’S Quotation. These items are for sale as-is, where-is, without any implied or expressed warranty.
4. EXCLUSIVE REMEDY: If the terms and conditions of paragraph three (3) are met by BUYER, then SELLER shall have the option of fulfilling its warranty obligations either by repair of the equipment or return of the purchase price for such defective equipment.
5. CHOICE OF LAW: This agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, with the exception of Massachusetts’ choice of law rules. All causes of action concerning or relating to this Agreement shall be brought in Bristol County, Massachusetts, USA and shall expire unless brought within one (1) year of the occurrence of the event which gives rise to the claim. Buyer waives any argument that jurisdiction within said forum is inconvenient or improper and agrees that any action brought by BUYER or SELLER shall be brought in a Court located in Bristol County, Massachusetts, USA.
6. FORCE MAJEURE: Seller shall not be liable for any delay in performance or non performance which is due to war, fire, flood, acts of God, acts of third parties, acts of terrorism, acts of governmental authority or any agency or commission thereof, accident, or breakdown of equipment, or similar causes beyond its reasonable control.