Terms & Conditions
1.0 AGREEMENT & EFFECTIVE DATE
- 1.1 These Terms & Conditions govern the transaction evidenced by the purchase order for part(s) you submitted to A+ Medical Company, Inc. (the “Company”). The purchase order, the Company’s written confirmation of the purchase order, and these Terms & Conditions shall collectively constitute the “Agreement”; and shall be effective as of the date the Company ships such part(s). The Agreement is fully integrated and constitutes the entire agreement between the parties (in the event of conflict, the terms of the written confirmation shall control over the terms of the purchase order, and the terms of these Terms & Conditions shall control over the terms of the purchase order or written confirmation).
2.0 CREDITS
- 2.1 Any credits issued pursuant to this Agreement must be used within one year of issuance. Failure to use or request refund of such credit within one year of issuance shall result in forfeiture of such credit.
3.0 EXCHANGE POLICY
- 3.1 All exchanges require a valid Return Material Authorization (“RMA") number. The Company will issue exchange part RMA numbers at the time of sale or upon your request.
- 3.2 Exchange parts are identified at the time of quotation and noted on ALL packing slips and invoices.
- 3.3 A "Like and/or Repairable" part (as determined in the Company’s commercially reasonable discretion) MUST be received at the Company, within 30 days of the original shipment date. If an exchange part is NOT received at the Company within 30 days of the original shipment date, you will be responsible for paying the current OEM list price, for which the company will additionally bill you.
- 3.4 If the exchange received is NOT a "Like and/or Repairable" part, in the Company’s commercially reasonable discretion, the Company will send you written notification requesting that you provide a "Like and/or Repairable" part within 5 business days. If the Company does NOT receive a “Like and/or Repairable” part within 10 days, you will be responsible for paying the current OEM list price, for which the company will additionally bill you. If you send the Company a part that the Company determines in its commercially reasonable discretion is not a “Like and/or Repairable” part, you may request its return, at your expense, within 15 days. If you do not request the return of the non-conforming part within 15 days, you agree that you relinquish any claim to such non-conforming part, which becomes the Company’s property.
- 3.5 Additional billing credit: If you deliver a “Like and/or Repairable” part to the Company after 30 days from the original shipment date, but within 45 days from the original shipment date, the Company will issue you a credit equal to 50% of the additional bill. If you deliver a “Like and/or Repairable” part to the Company after 45 days from the original shipment date, but within 60 days from the original shipment date, the Company will issue you a credit equal to 25% of the additional bill. You will receive NO credit to the additional bill for parts received after 60 days of the original date of shipment.
4.0 RESTOCKING POLICY
- 4.1 You are permitted to return parts to the Company if the company is notified for restocking within 5 days from the original date of shipment. The Company will not accept any restocking if the request is received more than 30 days have passed since the original date of shipment; in such cases, the original invoice will be due in full.
- 4.2 The Company will credit any part eligible for restocking as follows:
- Unopened = 25% Restock Fee
- Opened = 30% Restock Fee
- In order to be eligible for such restocking, you must notify the Company within 5 business days of your receipt of the parts. At such time, you must request a valid RMA number.
- The Company will process all parts returned without a restock RMA number as exchange parts, without prior notice. The Company will not issue any additional credit for any parts returned without a restock RMA number.
5.0 LIMITED WARRANTY POLICY
- 5.1 The Company warrants that all parts (other than x-ray tubes, ultrasound transducers, and other glassware) will meet manufacturer specifications during the applicable warranty period set forth on the invoice and packing list. X-ray tubes, ultrasound transducers, and other glassware will be eligible for a prorated warranty. Credit will be given to you for any remaining warranty period only.
- 5.2 Any warranty otherwise applicable under these Terms & Conditions is void if the serial number has been altered or removed from the part, or if the Company determines in the exercise of its commercially reasonable discretion that the failure of any part is a result of accident, abuse, tampering, misapplication, or acts of God.
- 5.3 To make a warranty claim, you must contact the Company within the warranty period set forth on the invoice and packing list to request a warranty RMA number.
- 5.4 The Company will process all parts returned without a warranty RMA number as exchange parts, without prior notice. The Company will not issue any additional credit for any parts returned without a warranty RMA number.
- 5.5 You must return all warranty parts to the Company within 15 days of the date on which you first notified the Company of your warranty claim. If you deliver a warranty part to the Company after 15 days from the first notification, but within 20 days from the first notification, the Company will issue you a credit equal to 50% of the warranty claim. The Company will issue no warranty credit if more than 20 days have passed since first notification; in such cases, the original invoice will be due in full and you agree that the Company may claim full ownership of the returned part without further compensation to you.
- 5.6 If you do not order a warranty replacement, the Company will charge you a 30% No Re-Order Fee; in such cases you will receive only a 70% credit.
- 5.7 Parts replaced under the terms of this warranty will be covered for the remainder of the original warranty.
- 5.8 The Company will conduct a technical review validation of all warranty claims, and will issue credit only for those claims that it determines in its commercially reasonable discretion to be valid and approved warranty claims. If the Company determines in its commercially reasonable discretion that a warranty claim is invalid, an opened restock fee will apply.
- 5.9 Except as specifically stated above, all parts are sold AS IS, and WITH ALL FAULTS, and the Company MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PARTS SOLD UNDER THIS AGREEMENT, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.0 LIMITATION OF LIABILITY
- The company’s total liability for any claim under this agreement is limited to the price of the part(s), whether such claim is made in law, in tort, in contract, or pursuant to any other theory, including strict liability. No party to this agreement will have any liability to the other for any punitive, incidental, special, or consequential damages such as lost profits or revenue, even if such party has been advised of the possibility of the same. The transaction described in and those occurring pursuant to this agreement are commercial transactions. Any action related to this policy shall be based solely on commercial law principles. Neither party shall have any negligence or other tort liability to the other arising from this policy or transactions occurring pursuant hereto.
7.0 SHIPMENT AND RISK OF LOSS
- 7.1 Unless otherwise stated, all parts shall be shipped FOB at the Company’s facility, with prepaid freight at your expense, and title and risk of loss shall pass to you at that point. Unless otherwise agreed, the Company shall select carriers.
8.0 NOTICES AND RETURNS
- 8.1 UNLESS OTHERWISE STATED, ALL NOTICES AND RETURNS MUST BE SENT TO THE COMPANY AT THE FOLLOWING ADDRESS:
A+ Medical Company, Inc.
1439 Dave Lyle Blvd
Suite 15
Rock HIll, SC 29730
9.0 FINANCE CHARGES AND COLLECTION COSTS
- 9.1 You are responsible for the full amount of any invoice. You agree to pay 1.5% per month on any outstanding past due balance. If you fail to pay pursuant to the terms of this Agreement, you agree to be responsible for all costs incurred by the Company, including, but not limited to, reasonable attorneys’ fees and court costs. You hereby assign to A+ Medical Company, Inc. as security for any indebtedness, incurred or to be incurred to A+ Medical Company, Inc., all of your existing or hereinafter acquired accounts receivable, equipment, and/or inventory. This Agreement shall be governed by the laws of the State of South Carolina, and the Courts of York County shall have jurisdiction over and be the sole venue for any matter in dispute.
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