Legal Notice – Terms and Conditions Regarding Equipment and Use of Website
Terms and Conditions – Equipment
Equipment Condition US Med-Equip specializes in the buying and selling of movable medical equipment. Some items we sell are brand new and stated as such. However, unless otherwise specified, most items are pre-owned/refurbished and sold “patient- ready”. Our refurbished products are carefully inspected, tested, and restored to the original manufacturer specifications. If you are uncertain as to the condition of any item you are purchasing, please let us know and we will be happy to clarify.
Equipment Availability We keep our website updated frequently and our inventory is constantly changing. The availability of any particular item is subject to stock on hand at the time of your purchase and/or prior sale. We strive to ship the day of purchase, however, the availability, delivery and timing of some products may be contingent on providers outside of the direct control of US MED-EQUIP.
Sale Terms All sales are final unless otherwise noted. Past due accounts will be assessed 1.5% per month or the highest rate allowed by law and may be submitted for collections. Related collections fees will be assessed over and above balance due.
Prompt Payment All orders are sold on a pre-pay basis unless otherwise noted on invoice. We reserve the right to void, without prior notice, any pre-pay agreement if funds are not received within 5 business days of the invoice origination date.
Accepted Forms of Payment We accept VISA, MasterCard, American Express and Discover. We do not accept personal checks. We check transactions carefully and reserve the right to withhold shipment until we are satisfied with the legitimacy of any credit card purchase and/or reject any which we deem suspicious. We accept business checks for domestic orders only, but reserve the right to hold shipment until banking information is verified. We also accept PayPal and Wire Transfers. All wire transfers will incur a $40 bank processing fee which will be added to your invoice.
Shipping The buyer is responsible for all shipping fees unless otherwise specified. You are also responsible to inspect goods immediately upon delivery for shipping damage. Suspected damage must be noted with the shipping agent at delivery. You must document and report to the shipping company within 5 days and preserve all packing materials and evidence of damage. Failure to do so may result in the loss of your rights to file a claim with the shipping company.
Order Fulfillment US MED-EQUIP will make every reasonable effort to ensure that you receive all products as ordered. However, if for any reason we are unable to fulfill any part of an order, you will be entitled to a full refund for that item. US MED-EQUIP will not be liable for any losses other than the actual cost of equipment.
Disputes We work hard to assure that our customers are treated with the utmost integrity and that any problems which might arise are dealt with quickly and fairly. However, should a dispute arise that cannot be remedied in a satisfactory, good-faith manner between the parties and thus require legal intervention, it shall be governed by the laws of the State of Texas in the venue and jurisdiction of Harris County.
Terms and Conditions – Use of Website
US Med-Equip, Inc., provides the information and services on its World Wide Web site(s) (the “Site”) under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
1. LAWS AND REGULATIONS. Access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
2. COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of US Med-Equip, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of US Med-Equip or such third party that may own the Mark. Please click here for a list of US Med-Equip Marks.
3. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in US Med-Equip’s Web site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
4. THIRD PARTY INFORMATION. Although US Med-Equip monitors the information on the Site, some of the information is supplied by independent third parties. While US Med-Equip makes every effort to ensure the accuracy of all information on the Site, US Med-Equip makes no warranty as to the accuracy of any such information.
5. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of US Med-Equip. The links are only provided as a convenience and US Med-Equip does not endorse any of these sites. US Med-Equip assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does US Med-Equip make any representation regarding the quality of any product or service contained at any such site.
6. LINKS FROM THIRD PARTY SITES. US Med-Equip prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. US Med-Equip reserves the right to disable any unauthorized links or frames. US Med-Equip has no responsibility or liability for any material on other Web sites that may contain links to this Site.
7. NO WARRANTIES. Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. US Med-Equip uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. US Med-Equip periodically adds, changes, improves, or updates the information and documents on this Site without notice. US Med-Equip assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL US Med-Equip BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF US Med-Equip WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to US Med-Equip. The US Med-Equip Web Site Privacy Statement describes how we use and protect information you provide to us.
10. SECURITY. Data transmitted to and from US Med-Equip client Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. US Med-Equip is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of US Med-Equip sites. In order to protect you and your data, US Med-Equip may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
11. TRANSMISSION OF PERSONAL DATA. User acknowledges and agrees that by providing US Med-Equip with any personal information through the Site, User consents to the transmission of such personal user information over international borders as necessary for processing in accordance with US Med-Equip’s standard business practices and the US Med-Equip Web Site Privacy Statement.
12. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
13. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, US Med-Equip has registered with the U.S. Copyright Office. Notices of claimed copyright infringement on the Site should be directed to: US Med-Equip, Inc., 7028 Gessner Rd., Houston, TX 77040, Attn: Greg Salario.
14. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of Texas, USA, and applicable federal laws without regard to conflicts of law principles. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of Texas or the federal district courts sitting in Texas, which courts shall have exclusive jurisdiction for such purpose.