STANDARD Terms & Conditions
These terms and conditions govern the sale of Products(“Product or Products”) by Stat Medical Inc. (SMI). These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Stat Medical’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
1. Orders: All orders placed by Buyer are subject to acceptance by Seller. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. The Seller may designate certain Products and Services as non-cancelable, non- returnable (“NCNR”) and the sale of such Products shall be subject to any special terms and conditions contained in Seller’s Order Acknowledgement, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere. All special-order items must be signed for your acknowledgement of accuracy. It is the buyers responsibility to ensure that the order is correct and to sign it and send it back to stat medical. The order will only be processed once we receive the signed order acknowledgement.
2. Prices: The prices of the Products are those prices specified on the front of the invoice. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and all applicable taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.
4. Payment: Payment may be made by check, money order, credit card, PayPal or wire transfer (all fees are borne by the Buyer). Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice, without offset or deduction unless otherwise noted by Stat Medical Inc.. On any past due invoice, Seller may impose interest at the rate of one and a half percent [1.5%] per month. If Buyer fails to make each payment when it is due, Seller reserves the right to change or withdraw credit and thereby suspend or cancel performance under any or all purchase orders or agreements in which Seller has extended credit to Buyer. In the event of default by Buyer, Seller shall be entitled to costs, fees, and expenses, including but not limited to recovery of attorney fees, court costs and fees, and collections costs.
5. Delivery and Title: All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of Standard Terms and Conditions. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
6. Returns, Refunds and Exchanges:
Returns: Only products originally shipped from Stat Medical Inc or from an authorized supplier (drop-ship) will be considered for return to Stat Medical Inc. By a Customer requesting return of products to Stat Medical Inc, the Customer certifies that the products were purchased from Stat Medical Inc and there has been no substitution of the product from another supplier, distributor or other source of the product. Any return must be in the original packaging and in unused condition except if approved for failure analysis/warranty evaluation by a Stat Medical sales representative via a Return Goods Authorization (RGA).
Exchanges: Any item for exchange must be in new condition and in the original packaging. Exchanges must be requested within 30 days of ship date. Defective item(s) may be exchanged/returned for the same item. Items purchased from Stat Medical that have been used or altered and any items that have been sold as NC/NR will not be accepted for exchange.
Non-Cancelable and Non-Returnable Items: Products listed as NC/NR status (Non-cancelable and Non-Returnable) are identified as special-order items, custom order items or color coded products.
Return Freight / Restocking Fee: Stat Medical Inc reserves the right to charge cancellation and restocking fees, at a minimum rate of 15% to be deducted from the Customer refund. Stat Medical Inc does not refund the original shipping and handling. Customer is responsible for all return freight charges. Stat Medical Inc does not accept COD shipments.
Refunds: Upon receipt and inspection of returned item(s), Stat Medical Inc. will advise of the refund status. In the case of factory warranty or failure analysis, Stat Medical Inc will issue any applicable credit pending manufacturer confirmation of failure. Stat Medical Inc initiates credits via the original method of payment within 48 hours of approval. Refunds via credit card can take up to 10 business days to post to the account.
How to Return an Item:
A. Contact a Stat Medical customer sales representative within 30 days of ship date of item(s) by calling our toll-free number at 1-866-783-4076 or by emailing firstname.lastname@example.org.
B. Stat Medical Inc. will issue a Return Goods Authorization (RGA) number. Once the RGA number is received, item must be returned within 14 days. Stat Medical Inc will provide the Customer with specific instructions on where to shipitem(s) with the RGA number. In most cases returned items will be shipped to the Stat Medical Inc warehouse located at: Stat Medical Inc., 1710 Bishop St N, Unit 6, Cambridge Ontario, N1T 1T2.
C. Include the signed RGA in the return package stating the reason for the return and the original receipt.
7. Warranty: Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such products and that any value-added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Buyer’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Production (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. No warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered.
8. Limitation of Liabilities: BUYER SHALL NOT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR, LOSS OF PROFITS OR REVENUE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEADS, BUSINESS INTERRUPTION COST, LOSS OF DATA, REMOVAL OR REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF BUYERS, PUNITIVE DAMAGES, IPR INFRINGEMENT, LOSS OF CONTRACTS OR ORDERS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE. BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE AFFECTED PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHERIN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM ANY CLAIMS BASED ON (a) SELLER’S COMPLIANCE WITH BUYER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, (b) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SELLER, or (c) USE IN COMBINATION WITH OTHER PRODUCTS.
9. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.
10. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.
11. General: (a) The laws of Ontario will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.
If you are evaluating a product from Stat Medical, you will be responsible to keep the original packaging and all accompanying manuals and accessories. When the evaluation is completed and you WISH to return the item, you will call Stat Medical for an RGA# and package the product up with all manuals and accessories in the original PACKAGING materials and prepay the shipping back to Stat Medical. Stat Medical reserves the right to charge for missing items, damage due to neglect , return shipping damage or improper care.