Terms and Conditions of Sale - Warranty

Terms and Conditions of Sale - Warranty

Terms-Conditions-of-Sale-and-Warranty (Warranty is Item #7 of Standard Terms and Conditions of Sale)

Standard Terms and Conditions of Sale

These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Bio Medical Devices Intl, Inc. (BMDI) and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller to the Buyer. 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. BMDI’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. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as non-cancelable, non- returnable (“NCNR”) and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement or NCNR Product Form, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in sixty (60) days from the date issued, or as otherwise stated in the quotation.

3. Taxes, Freight, Insurance: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other 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 and Terms: Payment may be made by check, money order, credit card (Visa, MasterCard, or American Express), 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. 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 the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

 6. Returns, Refunds and Exchanges Policy:

How to Return an Item

Return Material Authorization (RMA)

No Product may be returned directly to BMDI without first contacting BMDI Customer Service, 1-800-443-3842, for a Return Material Authorization ("RMA") number. If it is determined that the Product may be defective, you will be given an RMA number and instructions for Product return. An unauthorized return, i.e. one for which an RMA number has not been issued, will be returned to you at your expense. Authorized returns are to be shipped prepaid and insured to the address on the RMA in an approved shipping container. Your original box and packaging materials should be kept for storing or shipping your Product.

Notification of Status of Decontamination (SOD)

A Status of Decontamination (SOD) certification, signed by the institution’s Infection Control Director, must accompany all returned product(s). This certification must be affixed to the outside of the box containing the returned product(s).

The certification is to clearly state -
1) the de-contamination status of the returned product(s) relative to their having been
exposed to any pathogenic, toxic, or otherwise harmful contaminants, and
2) the list of contaminants the product(s) may have been exposed to, that could
jeopardize the health of BMDI receiving personnel who would necessarily handle
the product(s) during unpacking.

Return Exceptions
Only products originally shipped from BMDI or from an authorized supplier will be returned to BMDI. The Customer returning products to BMDI certifies that the products were purchased from BMDI and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a BMDI Customer Service representative via an RMA.

Exchanges
If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 30 days after ship date. Defective item(s) may be exchanged/returned for the same item. Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping. Items purchased from BMDI that have been used or altered will not be accepted for exchange and as stated in the Non-Cancelable and Non- Returnable items section, items noted as NCNR cannot be exchanged.

Non-Cancelable and Non-Returnable Items
Some items cannot be returned if they are opened. Customer should contact BMDI at 1-800-443-3842 or email This email address is being protected from spambots. You need JavaScript enabled to view it. before making a purchase with questions regarding the return policy. Customer should read all messages on the www.maxair-systems.com Product Page and Quote before purchasing an item. Products listed as NCNR status (Non-cancelable and Non-Returnable), will be stated on the Quote/Product Page before you complete the order process.

NCNR Products
Products that are Sterilized, Special Order, or Custom Made are not cancelable/returnable items.

 Return Freight / Restocking Fee

Reasonable cancellation or restocking charges may include a minimum 20% restocking fee; this will be deducted from the Customer refund. BMDI does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges and BMDI will not accept COD shipments.

Refunds
BMDI will notify Customer upon receipt and inspection of returned item(s) and will advise Customer of refund status. Upon approval of return and refund, BMDI will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.

Customer should contact Bio-Medical Devices Intl, Inc. with questions regarding returns.
Please contact us at 1-800-443-3842 or by e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.

 7. Warranty:

** IMPORTANT - PRODUCT REGISTRATION AND WARRANTY ARE INITIATED ON DATE OF INVOICE **

The MAXAIR warranty start date is the date of the invoice.

Warranty coverage is as listed below:

MAXAIR Helmets (base Helmet, e.g. 2081-03, 2083-03, etc. - 12 months starting on Invoice Date
MAXAIR Batteries (e.g. 2500-36TSC, 2500-37TSC) - 12 months starting on Invoice Date
MAXAIR CART - 30 Days starting on Invoice Date

For further Assistance please call 800-443-3842

MAXAIR Limited Warranty

The BMDI (Bio-Medical Devices Intl) limited warranty provides that, subject to the following limitations, each MAXAIR Systems Helmet and Lithium Ion Battery will be free from defects in material and workmanship and will conform to BMDI's specification for the particular Product. This limited warranty is in effect for a period of one year (12 calendar months) from the date of original purchase.

Limitation of Remedies:
Within the limited warranty period, BMDI may elect which remedy, repair or replacement or combination, to provide in its sole discretion, as long as Buyer has not altered the said products in any way and has maintained said products in accordance with BMDI’s recommendations.
BMDI shall have a reasonable time after determining that a defective Product exists to repair or replace a defective Product.
BMDI's replacement Product under this limited warranty will be manufactured from new and serviceable used parts. BMDI's limited warranty applies to repaired or replaced Products for the balance of the applicable period of the original warranty or ninety days from the date of shipment of a repaired or replaced Product, whichever is longer.

Limitation of Damages:
BMDI’s ENTIRE LIABILITY FOR ANY DEFECTIVE PRODUCT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE FOR THE DEFECTIVE PRODUCT.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THE BMDI LIMITED WARRANTY. BMDI DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS WARRANTY IS THE EXCLUSIVE REMEDY OF BUYER WITH RESPECT TO ANY CLAIM RELATING TO THE MAXAIR SYSTEMS HELMET AND LI-ION BATTERY, WHETHER ARISING AT LAW OR AT EQUITY, OTHER THAN CLAIMS FOR PERSONAL INJURY PROXIMATELY CAUSED BY A DEFECT IN THESE ITEMS.

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 WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. BUYER WILL INDEMNIFY, DEFEND ANDHOLDSELLER HARMLESS FROM ANYCLAIMSBASEDON
(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

Export Control:
Buyer certifies that it will be the recipient of the Products to be delivered by Seller. Buyer understands that the associated NIOSH approvals, CE design, and technical data (“products”) listed on their Purchase Order includes items that are governed by the U.S. Export Administration Regulations (“EAR”) and by the U.S. Foreign Assets Control Regulations (“OFAC”). The Buyer understands that its sale or distribution of said products may constitute exports or re-exports, and as such, must be in accordance with the requirements administered by Bureau of Industry and Security, Department of Treasury, and Department of State. It is understood that the country of ultimate destination, commodity classification, end-user, or end-use for any said products, could affect the applicable license requirements and exportability. The Buyer agrees to consult various resources, such as the EAR and OFAC, by the U.S. Department of Commerce’s Bureau of Industry and Security’s (“BIS”) Export Counseling Division, and other appropriate Government Sources to ensure that the sales and distribution of said products, is processed in accordance with all applicable laws. The Seller will not transfer any export-controlled products to a non “U.S. Person” without the proper authority of the United States Government, and the buyers written approval.

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.

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.

 General:

(a) The laws of the State of California 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.

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