Terms and Conditions

TERMS & CONDITIONS STATEMENT                                                        MedSource-SW

 

To offer a safe and secure shopping experience, Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW, a Texas Corporation, hereafter referred to as Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW, has established these online policies for any user, viewer, or buyer at www.medsource-sw.com. The terms and conditions apply to the purchase and sale of products through www.medsource-sw.com (referred to as the “site”). By placing an order for such products you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products from this site. These terms and conditions are subject to change by Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW (referred to as “us” or “we”) without prior written notice at any time, in our sole discretion.

 

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW, or its suppliers and protected by U.S. and International copyright laws. All trademarks, service marks, and trade names are proprietary to Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW or www.medsource-sw.com. All other trademarks not owned by Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW or www.medsource-sw.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW or www.medsource-sw.com. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is cancelled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item and adjust your invoice accordingly. We may require additional verifications or information before accepting any order. Once you have placed an online, phone, or other type of order, you have entered into a contract to purchase and your credit card will be charged immediately. Orders DO NOT always ship the same day.  Some items are special order items, and will not ship for several weeks.   If you need priority delivery then please contact us by phone for immediate attention. We make every effort to maintain the availability of our site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

 

PAYMENT TERMS

We accept the following credit cards: American Express, MasterCard, and VISA, as well as Paypal payments. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes and shipping and handling charges, if any. All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price (including taxes and additional charges) has been paid. Payment must be received by us prior to our acceptance of an order, unless otherwise agreed by us in writing. Prices and shipping cost are subject to change anytime because of exchange rates, changes in shipping costs, manufacturer price changes and other extenuating circumstances.   Payment terms are due and transacted immediately upon shipment of order.  Shipping and handling charges are prepaid and added to invoice unless other arrangements have been made. All shipments are FOB - Shipping Point. A 20% Restocking Fee applies to all returned items.  All returns must be prior approved and include a Return Authorization Number from MedSource-SW.  All returns and exchanges must be new, in the original unopened packaging, contain all accessories, and be received with 20 days of receipt.

 

ADVERTISING DISCLAIMER & TRADEMARKS

The descriptions of products that are posted on our site are the representations of our suppliers. We are not responsible for the accuracy of such descriptions, nor are we responsible for typographical, pricing, product information, advertising or shipping errors. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge. All trademarks and registered trademarks relating to products available through our site are the sole property of their respective owners. Photographs displayed on our site are courtesy of the respective manufacturers.

 

WARRANTY

 All products come with the warranty that is supplied directly by the manufacturer. We do not offer any of our own warranties and are not responsible for product failures or failures due to installation. We are not responsible for shipping costs other then due to our own mistake. The warranty of a product is facilitated by us; however we can only enforce the manufacturer’s decisions. Associated Bio-Med Products Suppy, Inc.; dba:  MedSource-SW and www.medsource-sw.com bear no responsibility either implied or otherwise for mechanical, electrical or other failure when using.

THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEDSOURCE-SW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MEDSOURCE-SW MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICES IS TO CEASE TO USE THE SERVICES. UNLESS OTHERWISE INDICATED, ANY WARRANTIES APPLICABLE TO PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE PURCHASED FROM THIRD PARTIES, ARE PROVIDED BY THE MANUFACTURERS OF SUCH PRODUCTS. IF ANY ADDITIONAL TERMS AND CONDITIONS WITH RESPECT TO PRODUCTS PURCHASED, INCLUDING ADDITIONAL DISCLAIMERS OF WARRANTIES, MAY APPLY TO PURCHASES AS A RESULT OF THE APPLICATION OF VARIOUS PROCUREMENT APPLICATIONS THAT YOU MAY USE TO PURCHASE PRODUCTS ON THIS SITE OR AS OTHERWISE AGREED TO BY YOU AND THE APPLICABLE THIRD PARTY PROVIDER.

USE OF SERVICE
MedSource-SW currently offers the opportunity to order a product sale quote request online, which is deemed part of the “Services” that are offered through this web site. MedSource-SW may alter, augment or terminate its Services in whole or in part at any time and from time to time in its sole discretion. MedSource-SW reserves the right to modify, deny or suspend your access to the Services at any time without notice to you. The information MedSource-SW obtains from you will be subject to MedSource-SW’s Privacy Statement. To use the Services you will need access to the World Wide Web and you must pay any fees associated with your access and the services you obtain. Of course, you will also need equipment and a modem or other access device.

REGISTRATION REQUIREMENTS
Upon completion of registration, you will receive a password and user ID. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify your Medsource-sw.com administrator in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or (iii) you became aware of any other breach of security that might affect the MedSource-SW. MedSource-SW is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
Additionally, if you are an administrator responsible for creating user IDs for your institution, you agree on behalf of your institution that you personally and your institution are liable for any and all use of these additional IDs and passwords.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDSOURCE-SW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF MEDSOURCE-SW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES.

CONDUCT OF SITE
You understand and agree that all information, data, and other material provided in the Services ("Content") is the responsibility of the person or entity providing such Content. In the event that MedSource-SW permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party's rights. You agree not to use the Services to: upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity; upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive; impersonate another person or entity, including without limitation a representative of MedSource-SW, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Services; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials including without limitation initiation or perpetuation of any "Spam", "Junk Mail", or any other potentially objectionable form of unsolicited communication, except to the extent such an activity is clearly reasonable and appropriate (such as advertising) and then only in areas of the Site designated for such activities (such as a shopping room); use the Services or the Site for any purpose or in any matter that violates any local, state, or federal law or regulation or the law or regulation of any foreign government; collect or store personal data with respect to other users, except as contemplated by these Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by other users; directly or indirectly, intentionally disrupt or interfere with the Site or the Services in any manner that may materially adversely affect MedSource-SW or any user; or upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

DISCLAIMER OF CONTENT
You understand and acknowledge that MedSource-SW assumes no responsibility to screen or review Content provided as part of the Services that is originated by parties other than MedSource-SW, and that MedSource-SW shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site or through use of the Services. MedSource-SW expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.

NO RESALE OF SERVICE
You agree to use the Services solely for your own internal business purposes and not to use or exploit any portion of the Site or the Service for commercial purposes that are not related to your business with MedSource-SW.


OWNERSHIP OF CONTENT
You understand and agree that your use of the Services entitles MedSource-SW to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of MedSource-SW or any other person or entity.

LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by MedSource-SW with respect to the provider of such linked site or any verification of the quality, reliability or any other characteristic or feature of such linked site, and that MedSource-SW is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation the content provided on or through any such linked site or your reliance thereon. MEDSOURCE-SW MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

INDEMNITY
You agree to defend, indemnify and hold MedSource-SW, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, its Content or Services (including any interactive areas of the Services) in a manner that violates these Terms and Conditions. MedSource-SW shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.

COPYRIGHT INFORMATION
The Content is owned by MedSource-SW and /or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of MedSource-SW, except that, subject to your compliance with the Terms and Conditions, MedSource-SW authorizes you to view or download a single copy of the Content solely for your use in your business provided that you keep intact all copyright, trademark, and other proprietary notices. Modifications of Content or use of Content for any other purpose is a violation of the rights of MedSource-SW or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of MedSource-SW or third parties.

GENERAL PRACTICES REGARDING STORAGE
You understand and agree that MedSource-SW may from time to time establish and revise practices and limitations concerning your use of the Service. You agree that MedSource-SW shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the Site or transmitted using the Site or the Service.

TERMINATION OR REGISTRATION
You acknowledge and agree that MedSource-SW may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what MedSource-SW, in its sole discretion, deems to be an extended period of time; (ii) MedSource-SW believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that MedSource-SW deems objectionable. You agree that any termination of your access to the Site or the Service shall not result in any liability or other obligation of MedSource-SW to you or any third party in connection with such termination.

GOVERNING LAW & STATUTE OF LIMITATIONS

This site is controlled by us from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Dallas County and the United States District Court of the Northern District of Texas with respect to such matters. Any cause of action brought by you against us or our affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

If you have any questions please call us at (972) 406-9777.

MISCELLANEOUS
These Terms and Conditions constitute the entire agreement between you and MedSource-SW and govern your use of the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Services. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of MedSource-SW to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose.

Your use of this Site is subject to the Terms and Conditions that you agreed to when you registered as a user. The Terms and Conditions may change from time to time and you should review them to ensure that you are aware of the provisions that govern your use of this Site.