Acceptance:
Orders from a customer (“Customer”) are subject to acceptance by CreativeMedicalSupplies.com. (“Creative Medical Supplies”) at its executive office only. Acceptance by Customer of any goods from Creative Medical Supplies constitutes acceptance of these terms and conditions. No terms and conditions appearing in Customer’s order that are in variance with or contrary to Creative Medical Supplies terms and conditions shall be binding upon Creative Medical Supplies unless specifically agreed to in a writing signed by Creative Medical Supplies.
Payment:
Payment is due at time of order being placed on the CreativeMedicalSupplies.com website.
Due to manufacturers’ price increases or decreases or other events outside of Creative Medical Supplies‘ reasonable control, pricing is subject to change without prior notification. Customer is responsible for all federal, state or local sales, use or excise tax imposed with respect to the Products.
Deliveries:
Creative Medical Supplies will use its reasonable efforts to deliver products on or before the estimated delivery date, but is not liable in damages or otherwise for failure to do so, regardless of the cause. All backordered items will be shipped immediately upon receipt from our supplier. Creative Medical Supplies reserves the right to cancel any item from customer’s order if the item is not received within thirty (30) days from the date of the backorder. Creative Medical Supplies has the sole right to select the form of transportation. Shipment of Products per routine order to Customer and subsequent back orders related to the original shipment shall be shipped FOB Destination, except for drop shipments which shall be shipped in accordance with the vendor’s shipping policies.
The cost of shipment, if any, will be added to Customer’s invoice. Any charges for special handling are the responsibility of Customer and will be added to Customer’s invoice. Shipping charges are subject to change without notice. Customer shall pay all shipping charges on special order drop shipments. Furniture and large equipment is shipped to Customer’s dock. Additional charges will be applied for lift gate service, inside delivery, or set up.
Returns:
Warranty: The warranties (if any) on the products sold hereunder are only those of the manufacturer, assembler or packager of the product, as stated in any warranty accompanying such products, and Supplier makes no warranty, express or implied, with respect thereto.
Damaged Goods: All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, Customer should note the extent of the damage on the freight bill and contact Creative Medical Supplies immediately. Claims for loss or damage in transit must be entered and prosecuted by Customer. Creative Medical Supplies‘ responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will Creative Medical Supplies be held liable for any damages or expenses caused by delay in delivery.
Inspection/ Returns, Shortages: Customer shall have five (5) days from the date of delivery to inspect the products and to reject any or all products which are nonconforming or defective. Products rejected shall be promptly returned to Creative Medical Supplies at Customers’ expense; provided, however such products are returned no later than forty-five (45) days from invoice date. Credit will be given for incorrectly shipped, damaged, or defective products. In no event will Creative Medical Supplies consider claims for damage or errors in shipment unless notice of such claims are transmitted to Creative Medical Supplies within five (5) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the shipping carrier in accordance with such carrier’s policies and procedures. All return freight charges for products that are deemed to be not defective or nonconforming are the responsibility of Customer. All product shortages must be reported to Creative Medical Supplies‘ Customer Relations department at 888-630-4720, within five (5) days of invoice date.
Limitations:
Limitation of Actions
No action, regardless of form, arising out of these terms and conditions may be commenced more than one (1) year after the cause of action has occurred, except an action for nonpayment.
Limitation of Liability
In no event shall Creative Medical Supplies be liable for special, indirect, or consequential damages (including lost profits) from any cause, including without limitation, damages resulting from any unavailability of, defect in, or mis-shipment of products, regardless of whether supplier has been previously advised of the possibility of such loss, damages, claim or demand. Creative Medical Supplies‘ liability on any claim for loss, cost, damage, expense or other liability arising out of or connected with these terms and conditions, or any obligation resulting therefrom, or the manufacture, sale, delivery, resale, repair, service, or use of any product (including but not limited to loss liability arising from breach of contract) shall in no case exceed the price of such products involved in such claim.
Product Changes and Force Majeure:
Product Changes
Factors beyond Creative Medical Supplies‘ control and the need for continuing improvements of products require the making of changes in products from time to time. Creative Medical Supplies reserves the right to make reasonable changes in products of any kind without notice, and to deliver revised versions of products against any order, unless this right is specifically waived by it in writing. Creative Medical Supplies shall have no responsibility whatsoever with respect to the changes made by the manufacturer of products sold by but not manufactured by Creative Medical Supplies and Customer acknowledges that such products are subject to change at any time and from time to time.
Force Majeure
Neither party shall be responsible for non-performance or delays due to any causes beyond such party’s reasonable control, including but not limited to Acts of God, delays of vendors or carriers, strikes, terrorism, floods, fire, acts or demands of any government or governmental or regulatory agency or otherwise. Any party seeking to excuse or delay performance will provide detailed written notice to the other party of the nature and anticipated duration of the delay. Any such delay shall effect a corresponding extension of Creative Medical Supplies‘ estimated delivery date.
Legal:
Governing Law/ Consent of Jurisdiction
These terms and conditions are governed by the laws of the State of Florida, U.S.A. (without regard to its conflicts of laws). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions and the sale of the products hereunder. Customer hereby consents to the jurisdiction of the federal and state courts located in the State of Florida in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Florida courts.
Patent Infringement
In the event any product hereby sold is used by the Customer in a manner causing unauthorized patent infringement, Customer shall hold harmless and indemnify Creative Medical Supplies as to any and all damages and costs for which Creative Medical Supplies may become liable because charged with contributing to or inducing such infringement.