OUR COMMITMENT AND GOAL
Our commitment to excellence goes far beyond
the initial sale. We will be there for you
in the long run. We sell and can source
a very wide array of equipment and strive
to be your single source for reliable and
cost efficient medical equipment.
OUR EXPERT RECOMMENDATIONS
We also pride ourselves in our team of expert
medical equipment reps. Not sure which item
to buy? Why not call for a recommendation.
We have experts in most fields ready to
help you make an informed decision. Call
anytime,(866) 590-4878
PAYMENT INFORMATION for USA Buyers
Payment is accepted via bank check or certified
check, bank wire transfer, and credit cards.
Credit cards accepted are Visa, Mastercard,
and American Express. We do not accept Discover
card. Payments with credit cards are only
accepted from USA bidders who ship to the
credit card billing address.
PAYMENT INFORMATION for INTERNATIONAL
Buyers
The only accepted payment form for international
buyers is BANK WIRE TRANSFER. We cannot
accept credit cards directly. We can only
accept bank checks or certified checks drawn
on USA banks.
SHIPPING INFORMATION for USA buyers
The standard default shipment method is
UPS Ground service. Overnight UPS is also
offered. Large items like ultrasound machines
will ship with a insured national freight
company. Freight rate mentioned below.
SHIPPING INFORMATION for INTERNATIONAL
Buyers
International shipments for smaller items
is made via UPS expedited service. Larger
items will ship with a international air
freight carrier. Email for a quote.
SALES TAX
NO SALES TAX is collected when item is shipped
outside of California.
RETURN POLICY
Our Goal is to provide the highest quality
equipment at the lowest possible cost to
the costomer. Due to this, we can only accept
returns for items that have been inadvertently
misrepresented. Returns must be preauthorized
before sending back. Please contact us within
7 days of receiving your item if you feel
that you qualify for a return. The returned
item must be in as shipped condition to
be eligible for a refund.
WARRANTEE
All items are sold with a 30-DAY WARRANTEE.
Some have a longer term. See the description
above. If your item fails to perform or
function properly within the warrantee period,
contact us for service. Most items will
be serviced via send-in service only. Larger
items like Ultrasound machines will be serviced
via in house technician where available.
DISCLAIMER
This disclaimer may or may not apply to
this purchase. The sale if this item may
be subject to regulation by the U.S. Food
and Drug Administration and state and local
regulatory agencies. If so, do not bid on
this item unless you are an authorized purchaser.
If the item is subject to FDA regulation,
we will verify your status as an authorized
purchaser of this item before shipping of
the item. Please see the FDA website for
more information. http://www.fda.gov/cdrh/consumer/index.html
If you are not a licensed practitioner,
the purchase of this item may require a
prescription. Please contact us in advance
for clarification.
TERMS and CONDITIONS of SALE
1. PRICE. The prices of the product
purchased (the "Equipment") in the listing
are F.O.B. AKW MEDICAL, (the "Seller"),
SUFFERN California, UNLESS NOTED OTHERWISE.
All transportation, license fees, custom
duties and other such charges shall be paid
by Buyer and added to the total purchase
price shown in the listing UNLESS NOTED
OTHERWISE. If applicable, there shall also
be added to the prices shown on the listing
the amount of any applicable sales, use
or other taxes, however designated, levied
or based on such prices or on this agreement
or the sale or use of the Equipment, including
state and local privilege or excise taxes
based upon gross revenue, and any taxes
or amounts in lieu thereof. Any personal
property taxes assessable on the Equipment
after delivery to the carrier shall be borne
by the Buyer. Terms are subject to change
without notice. In the event that any item(s)
are for any reason out of stock, discontinued,
or not available for delivery, Seller's
liability shall be limited to a house credit
or refund of any monies Buyer may have paid
for such items that are not deliverable.
If the User's Manual is not included in
the purchase price of the Equipment, it
is the obligation of the end user of the
Equipment to obtain the User's Manual and
other necessary operating documentation
directly form the equipment manufacturer.
2. SECURITY INTEREST AND TITLE. Seller
retains, until Buyer performs all of its
obligations hereunder, all security interest
and right of title in said Equipment. Buyer
agrees, upon demand by Seller, to promptly
execute any security agreement, financing
statement, application, registration or
other documents necessary and to take any
other action deemed necessary or desirable
by Seller in order to evidence or perfect
Seller's security interest. Buyer hereby
appoints Seller as its attorney-in-fact
to prepare, sign and file or record for
the Buyer, in Buyer's name, any such documents.
Buyer agrees to keep the Equipment in good
order and repair until the full purchase
price has been paid. Buyer shall not attempt
to transfer an interest in the Equipment
until said purchase price has been paid
in full.
3. COPYRIGHT PROTECTION. As the Buyer,
you have purchased medical equipment that
may contain copyright protected software.
This software may be subject to a licensing
agreement placing restrictions on its sale
and use. It is Buyer's responsibility to
ascertain and comply with any such restrictions
contained in any applicable licensing agreement
and to avoid violating U.S. copyright law.
4. DEFAULT. Failure of Buyer to perform
its obligations hereunder, including, but
not limited to, payment in full of purchase
price, as a result of insolvency, bankruptcy,
assignment for the benefit of creditors
or dissolution, liquidation, or closing
of business by Buyer, shall constitute a
default under this Agreement and shall afford
the Seller all remedies or a secured party
under the Uniform Commercial Code of the
State of NEW YORK.
5. EVENTS BEYOND CONTROL. Fulfillment
of this order is contingent upon the availability
of materials. Seller shall not be liable
for any delay in delivery or for non-delivery
in whole or in part caused by the occurrence
of any contingency beyond the control of
either the Seller or suppliers to the Seller,
including, but not limited to, war, sabotage,
acts of civil disobedience, failure or delay
in transportation, act of any government
or agency for subdivision thereof, judicial
action, labor dispute, fire, accident, explosion,
quarantine, restrictions, storms, flood,
earthquake, or acts of God, shortage of
labor, fuel, raw materials, or machinery
or technical failure where Seller has exercised
ordinary care in the prevention thereof.
If any contingency occurs, allocation of
product and delivery thereof will be at
the discretion of Seller.
6. RISK OF LOSS AND INSURANCE. Risk
of loss or damage to the Equipment shall
pass to Buyer upon delivery of the Equipment
to a common carrier at Seller's shipment
facility, or, if drop shipped, the manufacturer's
shipment facility. 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. Confiscation or destruction of,
or damage to, the Equipment following shipment
shall not in any way affect the liability
of Buyer to pay the purchase price. Buyer
shall inspect the Equipment upon receipt
and notify Seller within 24 hours following
delivery when there is evidence of shipping
damage. Buyer's failure to notify Seller
of shipping damage within 24 hours of delivery
shall constitute a waiver by Buyer of any
such claim.
7. GOVERNMENTAL RESTRICTIONS AND PERSONAL
INJURY INSURANCE. As the Buyer, you
have purchased medical equipment that may
be subject to governmental restrictions
on its use. It is Buyer's responsibility
to ascertain and comply with any such restrictions.
In this regard, Buyer hereby represents
to Seller that Buyer is legally able to
purchase and/or use the subject medical
equipment. Furthermore, Buyer hereby acknowledges
that Buyer is solely responsible for obtaining
adequate personal injury insurance coverage
and that Buyer's failure or inability to
obtain such insurance coverage does not
invalidate Buyer's obligation to pay the
purchase price.
8. ASSIGNMENT. This Agreement may
not be assigned, in whole or in part, without
the written consent of the non-assigning
party.
9. INDEMNIFICATION. 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,
or (c) to the extent that Equipment is manufactured
according to Buyer's specifications and/or
drawings, any charge that said Equipment
infringes any patent or other proprietary
right of any other person.
10. DISPUTE RESOLUTION. Should any
dispute arise between the parties to this
Agreement, as a result or relative to this
Agreement, and such dispute cannot be resolved
informally, the parties agree to submit
such dispute to the exclusive jurisdiction
of the District Court in Rockland County,
New York. The prevailing party in such action
shall be entitled to recover its reasonable
attorney fees and other costs and expenses.
11. RETURNED GOODS POLICY. If Buyer
notifies the Seller within 72 hours of receipt
of the goods that the goods received are
non-conforming or defective, the Seller
shall have commercially reasonable time
in which to repair or replace them with
conforming goods. If Seller is unable to
repair or replace the goods, then the goods
may be returned to Seller only after Buyer
has obtained a Return Merchandise Authorization
number from Seller. No credit will be given
for items returned without a Return Merchandise
Authorization number. Buyer is responsible
for the shipping costs related to the returned
goods. Buyer will be charged a minimum 15%
fee for all returned goods to cover Seller's
restocking costs and fees, shipping and
other expenses incurred by the Seller as
a result of this sale. Notwithstanding anything
to the contrary contained herein, Buyer
acknowledges that unless Buyer strictly
complies with the returned goods policy
set forth in this paragraph, 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.
12. VALIDITY. If any provision(s)
of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity,
legality, and enforceability of the remaining
provisions shall not in any way be affected
or impaired thereby.
13. DISCLAIMER OF WARRANTIES. THE
SELLER SPECIFICALLY DISCLAIMS ANY AND ALL
LIABILITY OR WARRANTY FOR THE PERFORMANCE
OF THE EQUIPMENT (INCLUDING HARDWARE AND
SOFTWARE PRODUCTS) UNLESS SPECIFICALLY NOTED
IN WRITING. SELLER MAKES NO WARRANTY, EXPRESS
OR IMPLIED, INCLUDING THAT THE EQUIPMENT
IS FIT FOR A PARTICULAR PURPOSE OR THAT
THE EQUIPMENT IS MERCHANTABLE. BUYER AGREES
THAT IT HAS SELECTED EACH ITEM OF EQUIPMENT
BASED UPON ITS OWN JUDGMENT AND DISCLAIMS
ANY RELIANCE UPON ANY STATEMENTS OR PRESENTATIONS
MADE BY SELLER. SELLER SHALL NOT IN ANY
CASE BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR
DAMAGES ARISING OUT OF OR RELATING IN ANY
WAY TO OR FROM BREACH OF WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE OR ANY OTHER THEORY,
EVEN IF SELLER OR ITS AGENT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIABILITY FOR PERFORMAING UNDER ANY MANUFACTURER
WARRANTY PROGRAM RESTS SOLELY WITH THE SUBJECT
MANUFACTURER AND SELLER HAS NO LIABILITY
OR RESPONSIBILITY FOR PERFORMANCE THEREUNDER.
This means that Seller is not responsible
for any cost incurred or as result of lost
profits or revenue, loss of use of the Equipment,
loss of data or the cost of any substitute
Equipment.
14. GOVERNMING LAW. This Agreement
and attachments thereto and enforcement
thereof shall be governed by, and construed
in accordance with, the laws of the State
of California.
15. ENTIRE AGREEMENT. This Agreement
(which collectively consists of the Agreement
and any addendums thereto, these Terms and
Conditions, and the Equipment Condition
statement) constitutes the entire understanding
between the parties and supersedes all proposals,
oral or written, and all other communications
between the parties relating to the subject
matter. Any modification to this Agreement
must be in writing and signed by all parties
to this Agreement. This Agreement and the
Terms and Conditions herein will govern
Buyer's order. By signing this Agreement,
Buyer expressly agrees to be bound by the
terms and conditions hereof. Seller's acceptance
of Buyer's order is expressly made conditional
of Buyer's assent to the terms of this Agreement.
Any acknowledgment, which in any manner
differs from or is in addition to the provision(s)
of this Agreement, other than approved addendums
thereto, shall be of no force or effect.
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