Terms & Conditions Between Medtech USA and Medtech Wristbands Canada hereinafter Called MEDTECH and MEDTECH’s Customers
1. Agreement - These terms and the provisions shall constitute the entire agreement (collectively, the “Agreement”) between the parties hereto:
it is understood and agreed that there are no agreements, promises, representations or understanding other than those appearing herein; it is further agreed and understood that this constitutes the complete contract between the parties.
2. Cancellations - Because we process orders very quickly, orders placed cannot be cancelled, without our consent in writing, nor can deferred deliveries of goods made up or in process be extended beyond the original delivery date specified, except with our consent and upon terms which will indemnify us against all loss.
3. Warranties - MedTech warrants that the goods sold are of merchantable quality at the time they are delivered, and are manufactured in conformance with the buyer’s specifications, drawings or other description and that MedTech conveys good and marketable title to them, subject to MedTech’s security interest. Except as expressly provided in this agreement, MedTech excludes all express or implied warranties, conditions and obligations of MedTech, whether statutory, oral or otherwise, concerning the quality of the goods or their fitness for any use or purpose. MedTech specifically, but not by way of limitation does not warrant the accuracy or sufficiency of any advice or recommendations given to the buyer in connection with the sale of goods. MedTech assumes no risk or will it be liable for any damages whatsoever resulting from the application or as a result of the use of the merchandise included herein. Your P/O to us implies your acceptance and satisfaction with our samples and quality of products.
4. Limitation of Liability Regarding Defective Goods - MedTech shall not under any circumstances be liable for any prospective profit or for any special, indirect, consequential, punitive or exemplary damages, such as, but not limited to injuries to persons, damage or loss of other property or equipment, loss of profit or revenue, cost of capital, cost of purchased or replacement goods, or claims for service interruption. MedTech, at its sole option, shall either (1) replace or repair any defective goods (ii) refund the purchase price upon return of any defective goods, or (iii) provide a credit equal to the value of any returned defective goods. This shall be the buyer’s exclusive remedy. The buyer shall not return any goods until MedTech has had reasonable opportunity to investigate the claim.
5. Return of Goods - No goods may be returned to MedTech without written authorization from MedTech. Acceptance of returns shall be at the complete discretion of MedTech. Returned goods are subject to a minimum service charge of 25% of the invoice price. Transportation charges are borne by the buyer on all returned goods, unless MedTech agrees otherwise. Where written authorization is provided by
MedTech for the return of goods, the buyer shall be entitled to a credit equal to the purchase price of the goods returned. The buyer shall under no circumstances be entitled to a cash refund of the purchase price. Customer assumes sole responsibility for accuracy and use of artwork and indemnifies MedTech in the event of any claims for copyright infringement. By signing/approving an artwork customer certifies that they are legally authorized to use such logo, trade names, trademarks, etc. No custom jobs/orders can be returned. All sales are final. Your signed artwork, or e-mail confirmation of approval and/or P/O’s will constitute your satisfaction with quality of print/images/product etc6. Delivery - Any dates quoted for delivery of the goods are approximate only and MedTech shall not be liable for any delay in delivery of the goods howsoever caused.
7. Inspection - The buyer agrees to inspect thoroughly all material furnished within ten days from receipt of shipment and test the material by actual use within this period. Failure to make such inspection and test shall be conclusive evidence of due fulfillment of the agreement on the part of MedTech, and full acceptance of the product by the customer.
8. Defective Material - If any material furnished by MedTech proves defective or not as ordered, the buyer must notify us of such fact within ten days from the receipt of shipment. No claims for defective material or products will be allowed unless buyer makes such claims within ten days from the receipt of shipment. In the event of such notice within ten days from the receipt of shipment. MedTech shall have the option of inspecting the goods on the buyer’s premises or taking back the goods at the buyer’s expense to determine whether or not such goods are defective. MedTech shall have the further option in the purchase price thereof. Under no circumstances will we allow or be liable for damages or any claims for expenses involved in using our products. Claims for shortage must be made within ten days from receipt of the goods and in every case the weight found in the shipment must be given and the methods used in arriving at a count of the parts. MedTech cannot ever guarantee exact color matches or precise quality. No claims for rebates, discounts or the like will be entertained by MedTech in the event of slight color and quality variances. We do our utmost to use standardized PANTONE® colors-codes. For large special orders over one million, we use your specific PANTONE® colors. The nature of the base material and printing process causes some variances even within a production run. However, our colors and quality will closely match sample as per sample package contents.
By placing your order with us you are accepting these conditions of sale. If there is a dispute and you want product replaced, you agree to pay MedTech 50% of the invoice and the shipping charges back to MedTech, before we re-do this order, or portion of it.
9. Title, Risk of Loss and Security Interest - Risk of damage or loss of the goods shall pass to the buyer upon due tender of goods for delivery at the f.o.b. point. Notwithstanding delivery and the passing of risk in the goods, the property in the goods shall not pass to the buyer until MedTech has received payment in full. Until such time as the property in the goods passes to the buyer upon, MedTech shall be entitled at any time to require that buyer to deliver up the goods to MedTech or to enter on the premises of the buyer or its agents where the goods are
stored and to repossess the goods.
10. Taxes - All taxes or charges of any nature whatsoever, now or hereafter levied, by Government of Local Subdivision, either directly or indirectly, upon any products or sale thereof, described herein or upon the subject matter hereof, shall be paid by the buyer, or added to the purchase price if paid by the seller.
11. Paragraph Headings - The paragraph headings are inserted only as a matter of convenience and for reference and in no way denies, limits, or describes the scope and intent of this agreement nor in any way affects this agreement.
Revised March 2011