PRICE. The prices shown on the Buyer’s Invoice/On-line Order
are F.O.B. Source Medical Equipment, LLC, Denver, Colorado. All
transportation, license fees, custom duties and other such charges shall
be paid by Buyer. There shall be added to the prices shown on the
Buyer’s Invoice/On-line Order 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.
Prices and Terms are subject to change without notice. In the event
that any item(s) are for any reason out of stock, discontinued, or not
capable of delivery, Source Medical Equipment’s liability shall be
limited to the refund of any monies customer may have paid for such
items that are not deliverable.
LEASING. If Buyer chooses to acquire/finance the
equipment via a Lease, Source Medical Equipment, LLC requires a Security
Deposit (ranging from 10-20%) to process Buyer’s Invoice/On-line Order.
This Security Deposit is refundable in full upon receipt of Delivery
& Acceptance of equipment and receipt of Purchase Order from lease
SECURITY INTEREST AND TITLE. Seller retains, until Buyer
performs all of its obligations hereunder, including without
limitation, payment in full of the purchase price, including all
accessories and replacements thereto and the proceeds thereof to secure
performance of all such obligations of Buyer. Buyer agrees, upon demand
by Seller, to promptly execute any financing statement, application, or
registration of other documents necessary and to take any other action
deemed necessary or desirable by Seller in order to perfect Seller’s
security interest. Buyer agrees to keep the equipment in good order and
repair until 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.
DEFAULT. Failure of Buyer to perform its obligations
hereunder, including but not limited to payment in full of purchase
price, insolvency, bankruptcy, assignment for the benefit of creditors
or dissolution, liquidation, or losing of business by Buyer, shall
constitute a default under this Agreement and shall afford the Seller
all remedies of a secured party under the Uniform Commercial Code of the
State of Colorado.
RISK OF LOSS. Risk of loss or damage to the Equipment
shall pass to Buyer upon delivery of the Equipment to the Buyer
(regardless of whether payment has been made). Seller will insure to
full value the Equipment shipped or declare full value thereof to the
transportation company at the time of the shipment. Confiscation or
destruction of, or damage to the Equipment following shipment and
delivery shall not in any way affect the Debility 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
ASSIGNMENT. This Agreement may not be assigned, in whole or in part, without the written consent of the non-assigning party.
ATTORNEY FEES. Buyer agrees to pay Seller’s reasonable
attorney fees and other costs and expenses incurred by Seller In
connection with the enforcement of this Agreement, whether or not suit
is ultimately filed.
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, Buyers
employees, agents and licensees, or any person not party hereto, or (b)
to the extent that Equipment is manufactured according to Buyers
specifications and/or drawings, any charge that said Equipment infringes
any patent or other proprietary right of any other person.
ORDER CANCELLATION/RETURNED GOODS POLICY. Buyer will be
charged a minimum 15% restocking fee for all returned goods and/or
cancelled orders. Cancellations must be in writing to Source Medical
Equipment, LLC, Denver, Colorado. Customer is responsible for shipping
costs related to cancelled orders and returned goods. All returns MUST
be issued a Return Merchandise Authorization number. No credit will be
given for items returned to Source Medical Equipment, LLC without a
Return Merchandise Authorization number. If customer claims the goods
received are non-conforming or defective, Source Medical Equipment, LLC
shall have commercially reasonable time in which to repair or replace
them with conforming goods, otherwise, Source Medical Equipment’s
restocking fee, shipping and other expenses incurred by Source Medical
Equipment, LLC as a result of this sale will be charged to the Buyer.
Regarding and limited to The Brewer Company and Brewer Design, Source Medical Equipment, LLC enforces The Brewer Company's and Brewer Design's policy on chairs, stools and table purchases. The Brewer Company's and Brewer Design's chairs, stools and tables are customized, made to order upholstered items and therefore cannot be cancelled, modified, or returned, unless incorrectly shipped, or defective. For further details please click here: Brewer Terms & Conditions.
Hassoc's Terms & Conditions- Only new product in the original carton may be returned per the following restocking charges. Replacement Exam Bed Tops are custom made and not returnable for credit.
Hassoc's Return Policy Credit: Return with reorder. 75% Plus shipping charges.
Merchandise less than six months. 65% Plus shipping charges.
Merchandise greater than six months, less than one year. 50% Plus shipping charges.
Goods greater than one year. No credit allowed.
Merchandised returned that is unsuitable for resale. No credit allowed.
Hassoc Medical, Inc. error in processing can be returned at no charge.
GOVERNING LAW. This Purchase Agreement and its
enforcement shall be governed by, and construed in accordance with, the
laws of the State of Colorado.
ENTIRE AGREEMENT. This Agreement, (which consists of the
Buyer’s Invoice/On-line Order, Source Medical Equipment, LLC Terms
& Conditions, and any other necessary documents) 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 of this Agreement must
be in writing and signed by all parties to this Agreement. The Terms and
Conditions of this Agreement will govern Buyer's order and any
provision of Buyer's own purchase order, which in any manner differs
from, or is in addition to the provision (s) of the Agreement, shall be
of no force or effect. With an on-line order from
www.sourcemedicalequipment.com Buyer expressly agrees to be bound by the
terms and conditions hereof, not withstanding any terms and conditions
in Buyer’s purchase order form to the contrary. Seller's acceptance of
Buyer’s order is expressly made conditional of Buyer’s consent to the
terms of this Agreement. Any acknowledgement, which in a manner differs
from or is in addition to the provision(s) of this Agreement, shall be
of no force or effect.
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 provision shall not in any way be
affected or impaired thereby.
WARRANTY/WARRANTY INVALIDATION. Source Medical
Equipment, LLC’s warranty, if any, will be immediately VOID if any
attempted or actual repairs or extraordinary maintenance on the
equipment are not performed by Source Medical Equipment, LLC or by an
approved repair or maintenance center that has been authorized by Source
Medical Equipment, LLC in writing. The improper or incorrect assembly
of equipment or any misuse will also VOID any warranty. Source Medical
Equipment, LLC is not responsible for any repair or service costs
incurred by customer, whether or not the item is under warranty, without
prior written authorization of Source Medical Equipment, LLC.