Security Policy: MD Devices uses reliable and safe internet security practices integrating SSL(Secure Socket Layer Encryption) to insure a secure end-to-end link. In adopting PCI compliant payment processing standards we utilize an offsite and vaulted secure merchant account credit card processing service. Your payment information is never transmitted to or stored on our servers, website, or network which insures the safest possible transaction. PCI DSS compliance requirements insure that we will never store or fully display full credit card numbers on any reports. More information on PCI compliance can be viewed at www.pcisecuritystandards.org We will never use or distribute your information to anyone or any company for any purpose unless required to by law.
Order Acceptance Policy: Your receipt of an electronic or other form of order confirmation does not signify mddevices.com acceptance of your order, nor does it constitute confirmation of our offer to sell. MD Devices reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. MD Devices certifies that it will comply with all such laws to the sale of this item. We also certify that we will confirm that the buyer is an authorized purchaser for this item. The sale of medical products may be subject to strict regulation by the U.S. Food and Drug Administration (FDA), and State and local regulatory agencies. Do not attempt to purchase or bid on any item unless you are an authorized purchaser.
Payments: MD Devices accepts Visa, Mastercard, AMEX, Corporate Checks, bank to bank wire, & PayPal. Facilities such as hospitals and universities may process orders with mddevices via approved purchase agreement/purchase order transmitted via email to [email protected] Please note: Company checks may require up to 10 business days to clear before an order ships.
Freight Shipments/Damaged Shipments:
All of our freight shipments are 100% insured. Though the box and professional packaging may appear intact, it is still possible that your product may be damaged. Check for both internal and external damage before accepting delivery. If you notice or suspect damage to the product, refuse the delivery and note the damage on the bill of lading with the driver. If damage issues arise after signing for the merchandise, the buyer is responsible for filing all claims with the shipper. MD Devices will not be able to file a claim with the delivery company on your behalf once a shipment has been received.
A Warranty, if any, will be immediately VOID if any attempted or actual repairs or extraordinary maintenance on the equipment are performed by an unauthorized person of the manufacturer or mddevices.com. The improper or incorrect assembly of equipment or any misuse will also VOID any warranty. mddevices.com will not be held liable for any repair or service costs incurred by customer, whether or not the item is under warranty, without documented authorization from mddevices.com.
New Equipment Warranty:
New equipment with warranties from manufacturers are supported and processed per manufacturer’s terms and conditions. Registration of new products with the manufacturer is highly advised. MD Devices will not be held responsible for manufacturer’s warranty. If you receive a new product that is defective out of box and it is not related to shipping/delivery damage please contact the manufacturer for servicing processes. Literature contained in original packaging will provide contact information for their warranty process.
The prices shown on the Buyer’s Invoice/On-line Order confirmation are F.O.B. Buena Vista, Colorado. All transportation, license fees, taxes, or 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, mddevices.com liability shall be limited to the refund of any monies customer may have paid for such items that are not deliverable.
Taxes: Prices do not include applicable sales, excise, use, value added or other taxes, duties or fees now in effect or hereafter levied which Seller may be required to pay or collect in connection with the sale of goods to the Buyer, whether or not expressly set forth herein or in any quotation furnished with respect to the items sold. Buyer shall promptly pay all such taxes, duties and fees for their applicable Federal, States, Counties and Cities upon demand from Seller. It may be our responsibility to notify your State’s Department of Revenue of our transaction.
Order Cancellation/Returned Goods Policy:
All Sales are final on reconditioned products. MD Devices abides by the manufacturer’s return policies on new products. See manufacturer’s website for details. If approved by mddevices.com reconditioned products will be charged a minimum 15% restocking fee for all returned goods and/or cancelled orders. Cancellations must be in writing to [email protected] Customer is responsible for shipping costs related to cancelled orders and returned goods. All returns MUST be issued a Return Merchandise Authorization number which is valid for 10 days. No credit will be given for items returned to mddevices.com without a Return Merchandise Authorization number. If customer claims the goods received are non-conforming or defective, mddevices.com shall have commercially reasonable time in which to repair or replace them with conforming goods, otherwise, Above said restocking fee, shipping and other expenses incurred by mddevices.com as a result of this sale will be charged to the Buyer.
Special Order Sales: All special order or custom product sales are final unless agreed to in writing. Many products are customized, made-to-order items and therefore cannot be cancelled, modified, or returned. Regarding Special Ordered products we abide by the manufacturer’s return policy. See manufacturer’s websites for details.
General Return Notes and Policies
- You must contact us within 24 hours of receiving your merchandise.
- In the event of a return, you must contact customer service at [email protected] for a Return Merchandise Authorization(RMA).
- All Freight shipments must be inspected internally and externally before signing for the merchandise. If the merchandise is damaged the shipment must be refused for that item.
- After signing for and accepting your merchandise, you are responsible for all damage claims.
- All Ground shipments have up to 24 hours after receipt to report any concealed damaged.
- MD Devices reserves the right to refuse all returns.
- All returns are subject to a 15% restocking fee unless otherwise noted.
- Returned products will not be accepted unless they are in brand new condition with all packaging, product literature, and blank warranty cards enclosed in the exact condition in which you received them.
- Shipping and handling charges to and from our providers or facility are not refundable.
Alternate Billing/Shipping Address: If you have placed an order with a billing address other than what your credit card company has on file for you, your order will be held until we can verify the correct billing address. If you are shipping your order to an address other than your billing address, you must list the shipping address as an alternate address on your credit card. If it is not on file your order will be held. Your order will remain on hold for 7 days, after which if we have not received a response to our requests that the shipping address must be listed as an alternative address, your order will be canceled.
Typographical Errors: We work diligently to insure all our pricing and information is correct and updated regularly. In the chance occurrence of the unforeseen pricing, item description mistake, or typographical error occurs MD Devices has the right to cancel and refuse the order. MD Devices will issue a 100% refund to the buyer in the event the buyer processed payment either electronically or via authorized carrier.
Security Interest & 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 protect 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 agreed purchase price has been paid in full to mddevices.com
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. If Buyer fails to make timely payment of all amounts due Seller, Seller may recover, in addition to the balance due of the purchase price, all of its incidental and consequential damages caused by Buyer’s breach, including all fees paid to collection agencies, attorney’s fees, and costs of collection. Additionally, if payment is not received by due date, a finance charge of 1.5% will be compounded daily on the unpaid balance.
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 responsibility of the buyer to pay the purchase price. Buyer shall inspect the equipment upon arrival and refuse delivery if there is evidence of shipping damage. Buyer’s failure to notify Seller of shipping damage immediately upon attempted delivery shall constitute a waiver by Buyer of any claims.
Assignment. This Agreement may not be assigned, in whole or in part, without the written consent of the Seller, any attempt to assign any duties, rights, or obligations of this Agreement without such consent shall be considered null and void.
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 an online order or purchase 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.
Limitation of Liability:
In no event shall mddevices or any affiliate or partnering company be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of business or profits.
Governing Law: An online order or purchase agreement and its enforcement shall be governed by and construed in accordance with the laws of the State of Colorado in the County of Chaffee. Exclusive jurisdiction for any action arising from an online order or purchase agreement shall be the State of Colorado and the exclusive venue for such action shall lie within the County of Chaffee, Colorado.
Entire Agreement: This Agreement, (which consists of the Buyer’s Invoice/Online Order or purchase agreement, 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 mddevices.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.
Copyright Protection: Medical equipment may contain copyright protected software for its operation and support from manufacturer. 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.