1. Exchange Policy: Please return a like, (same model/part number), repairable item for items sold on “exchange.” OEM items only – no “clones”. All exchanges are required to arrive at C&C Medical Solutions, Inc. within fifteen (15) calendar days of the original date of shipment. Failure to return a like, repairable item in this time period will result in an additional billing to your account or credit card of up to and/or including the full OEM replacement cost. International orders require a core deposit to be negotiated at time of sale or the core exchange in advance unless otherwise negotiated.
2. Return/Cancellation Policy: In order to return/cancel an item for restocking, you are required to obtain PRIOR APPROVAL from C&C Medical Solutions, Inc. within two (2) calendar days from the original arrival date of the order. Any item returned/cancelled by the Buyer for credit, (purchased – but not used), shall be subject to a 25% restocking fee, (unless otherwise stated). All returns must be in the “original” or “re-sell-able condition” as they were when shipped from C&C Medical Solutions, Inc. All returns must arrive at C&C Medical Solutions, Inc. within five (5) calendar days of the delivery date of shipment or will be subject to applicable up-charges to your account or credit card up to and/or including the full OEM replacement cost.
3. Inspection Policy: All items will have been inspected prior to the sale to verify that the items meet all OEM specifications for functionality & condition unless otherwise stated. All items shall be deemed to be satisfactory upon certification by the inspector. Buyer shall be deemed to have accepted any nonconforming items unless Buyer notifies Seller within two (2) calendar days of delivery of any such nonconformity.
4. Warranty Policy: Items are sold with an industry standard of thirty (30) calendar days on all items – unless otherwise stated. Seller makes NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, OR SAMPLES PREVIOUSLY SUPPLIED. SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED OR CLAIMED TO BE INCURRED BY BUYER. Warranty is non-transferable. Seller reserves the right to send a like replacement item, repair the faulty item or issue a full credit, (minus bank fees & shipping costs), pending inspection for abuse. Seller adheres to the global industry standard to only bear the cost of outbound shipping on the replacement/repaired item. All requests made by the seller to resolve warranty claims must be adhered to by the buyer within 5 calendar days of the last communication otherwise, the original item will be deemed acceptable and the warranty claim will be closed.
5. 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 to Seller upon demand. Duties and fees include, but are not limited to, applicable customs duties and custom broker charges.
6. Offer: This offer is expressly limited to the terms hereof. All offers are subject to prior sale and/or availability. The terms of this offer may not be modified or altered unless such modification is in writing, signed by Seller. Any additional or different terms purposed by Buyer are hereby rejected and will be of no effect upon Seller unless expressly agreed to in writing by authorized representative of Seller.
7. Acceptance of Terms: Buyer shall be deemed to have accepted the terms of this offer by signing a paper contract or by ordering/receiving items from Seller which they have been invoiced for.
8. Security Interest: Buyer grants Seller a security interest in the items sold to secure payment in full of the purchase price. Seller may perfect its security interest by filing a financing statement signed only by Seller as attorney in fact for Buyer.
9. Title, Risk of Loss & Shipping Policies: Unless otherwise specified, the items sold shall be delivered to Buyer via EX WORKS shipping point. INCOTERMS definition of EX WORKS: Requiring the Seller to deliver goods at his or her own place of business. All other transportation costs, risks and documents, (including commercial invoices), are assumed by the buyer unless otherwise negotiated. Title to goods shall pass to the Buyer upon delivery at the EX WORKS shipping point, (Seller’s dock). Unless otherwise stated on the Seller’s invoice, all shipping costs, (including custom fees, duties, taxes, insurance and shipment documents), shall be the Buyer’s responsibility. All document preparation costs will be charged to the buyer and/or the buyer’s shipping agency (shipping carrier) at the current C&C Medical Solutions billable labor rate.
10. Governing Law: The laws of the state of Indiana shall govern the enforcement and interpretation of this Agreement and all other issues concerning the sale contemplated herein. Buyer consents to the jurisdiction of Indiana courts and further agrees that the exclusive venue for any matter relating to payment for the items sold shall be in the courts of Hamilton County, Indiana.
11. Accepted Payment Methods: Bank wire or domestic checks only; No credit cards.
12. Default: 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.
13. Entire Contract: This Agreement constitutes the entire contract between Buyer and Seller concerning the items sold.
14. International Shipment Policy: These commodities, technology or software, (if exported), were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
15. Abandoned Goods Policy: All items left on C&C Medical Solutions, Inc. premises for 30 calendar days or longer shall be considered abandoned and disposed of at the Seller’s discretion unless otherwise negotiated.
16. Aging Credit Policy: All unused/unclaimed credits that are twelve (12) months old or older will be written off unless otherwise negotiated.
17. You should assume that everything you see or read on this web site is copyrighted unless otherwise noted. Nothing may be used except as provided in these Terms and Conditions without the written permission of C&C Medical Solutions, Inc. C&C Medical Solutions, Inc. neither warrants nor represents that your use of materials displayed on this web site will not infringe the rights of third parties not owned by or affiliated with C&C Medical Solutions, Inc.
18. While C&C Medical Solutions, Inc. uses reasonable efforts to include accurate and up to date information within the web site, C&C Medical Solutions, Inc. makes no warranties or representations as to its accuracy. C&C Medical Solutions, Inc. assumes no liability or responsibility for any errors or omissions in the content of this web site.
19. This website is provided in good faith for the convenience of our users and neither C&C Medical Solutions, Inc. nor any other party involved in creating, producing, or delivering this web site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this web site. Without limiting the foregoing, everything on this web site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. C&C Medical Solutions, Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this web site or your downloading of any materials, data, text, images, video, or audio from this web site. This website does utilize cookies to gather information to enhance your visit; by utilizing this website you agree to the use of this technology.
20. Images of people or places displayed on this web site are either the property of, or used with permission by, C&C Medical Solutions, Inc. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on this web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
21. The trademarks, logos, and service marks, (collectively the “Trademarks”), displayed on this web site are registered and unregistered Trademarks of C&C Medical Solutions, Inc. and others. Nothing contained on this web site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this web site without the written permission of C&C Medical Solutions, Inc. or such third party that may own the Trademarks displayed on this web site. Your misuse of the Trademarks displayed on this web site, or any other content on this web site, except as provided in these Terms and Conditions, is strictly prohibited.
22. C&C Medical Solutions, Inc. has not reviewed all of the websites linked to this web site and is not responsible for the content of any off-site pages or any other websites linked to C&C Medical Solutions, Inc. web site. Your linking to any other off-site pages or other websites is at your own risk.
23. While we are always happy to hear from you, it is C&C Medical Solutions, Inc. policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore we must request that you do not send to us any original creative materials such as original artwork, written works, etc. Any communication or material you do transmit to this web site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. C&C Medical Solutions, Inc. or its affiliates may use anything you transmit or post for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, C&C Medical Solutions, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Please read our Privacy Statement for complete details.
24. You agree to indemnify, defend and hold C&C Medical Solutions, Inc. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors, (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liability, losses, costs and expenses, (including attorneys’ fees), incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. C&C Medical Solutions, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with C&C Medical Solutions, Inc. defense of such claim.
25. This web site is controlled and operated by C&C Medical Solutions, Inc. C&C Medical Solutions, Inc. makes no representation that materials in this web site are appropriate or available for use in locations and countries outside of our business location in Indiana. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by C&C Medical Solutions, Inc.