TERMS & CONDITIONS
Orders from a customer are subject to acceptance by MedProtect, Inc. (“MedProtect”) at its executive office only. Acceptance by customer of any goods from MedProtect shall constitute acceptance of these terms and conditions. No terms and conditions appearing in customer’s order that are in conflict with or opposite to MedProtect’s terms and conditions shall be binding upon MedProtect unless specifically agreed to in a writing signed by MedProtect, Inc...
Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing. Payable on a net of thirty (30) days basis from the date of invoice. Payable to MedProtect, Inc. at 1900 Preston Rd. #267, Plano, Texas, 75093. Past due amounts bear interest at the lesser of 1.5% per month or the highest rate permitted by applicable law. MedProtect may suspend shipment of Products to Customers who are not credit worthy or whose accounts are past due, at no liability to MedProtect. Due to manufacturers’ price increases or decreases or other events outside of MedProtect’s reasonable control, pricing is subject to change without prior notification. New customers & existing customers who have not established an account must pay via charge cards.
Delivery and Associated Charges
MedProtect will use its reasonable efforts to deliver Products on or before the estimated delivery date, but shall not be liable in damages or otherwise for failure to do so, regardless of the cause. All backorder items will be shipped immediately upon receipt from MedProtect’s supplier. MedProtect 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. MedProtect has the sole right to select the form of transportation. Shipment of products per routine order to customers 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 paid by MedProtect and added to customer’s invoice. Any freight charges for special handling or for shipments involving export sales are the responsibility of customers and will be prepaid by customer. Shipping charges are subject to change without notice. Customer shall pay all shipping charges on special order drop shipments. Additional charges will be applied for overnight & next day delivery. Certain products may be subject to different or additional shipping terms.
Items shipped directly from the manufacturer. Since delivery times may vary, please ask our representatives for details when placing your order.
DISCLAIMERMEDPROTECT, INC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MEDPROTECT, INC. LIABILITY IS LIMITED TO REPLACEMENT OF LIKE GOODS OR REPAYMENT OF ANY PAYMENT RECEIVED FOR RETURNED GOODS. MEDPROTECT, INC. IS NOT LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES.
All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, customers should note the extent of the damage on the freight bill and contact MedProtect immediately. Claims for loss or damage in transit must be entered and pursued by customer. MedProtect’s responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will MedProtect be held liable for any damages or expenses caused by delay in delivery.
Customer shall have five (5) days from the date of delivery to inspect the products and to reject any or all products which are defective or nonconforming. Products rejected shall be promptly returned to MedProtect at MedProtect’s 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 MedProtect consider claims for damage or errors in shipment unless notice of such claims are transmitted to MedProtect within five (5) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the freight carrier in accordance with such carrier’s policies and procedures. All return orders canceled after shipment, customer agrees to pay a 25% restocking charge and all shipping cost on all returned goods. The following products have return restrictions or are not returnable and customer should contact MedProtect’s customer Service for further information:
• Special Order Products shipped from a manufacturer
• Expired Products
• Hazardous Materials – call for details
• Opened or Defaced Products
• Used Items
As preferred customer's exclusive remedy for any defect or nonconformity in the Product (referred to hereinafter as “Affected Products”), Supplier shall, in its sole discretion, either: (I) replace the Affected Product containing such defect or nonconformity; (ii) refund the price paid by Preferred Customer for the Affected Products; or (iii) credit preferred customer’s accounts for the amount paid by preferred customer for the affected product. In furtherance of such undertaking, if preferred customer reasonably believes that any product contains a defect or nonconformity for which Supplier is responsible, preferred customer shall inform Supplier of the nature of such defect or nonconformity in reasonable detail and shall request authorization from Supplier to return the Affected Products to Supplier or Supplier’s source for repair or replacement. All Products so returned shall be shipped as so authorized, postage prepaid to Supplier's facility or such other source specified by Supplier.
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 MEDPROTECT 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 MISSHIPMENT OF PRODUCTS, REGARDLESS OF WHETHER SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIM OR DEMAND. MEDPROTECT’S 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.
Factors beyond MedProtect’s control and the need for continuing improvements of products require the making of changes in products from time to time. MedProtect 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. MedProtect shall have no responsibility whatsoever with respect to the changes made by the manufacturer of products sold by but not manufactured by MedProtect and customer acknowledges that such products are subject to change at any time and from time to time.
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 affect a corresponding extension of MedProtect’s estimated delivery date.
Governing Law; Consent of Jurisdiction
These terms and conditions are governed by the laws of the State of Texas. The customer hereby consents to the jurisdiction and venue of any dispute relating to orders and sales shall be exclusively in Collin County, Texas.
These terms and conditions, together with any agreement signed by MedProtect that these terms and conditions are attached to are the complete and exclusive statement of agreement between MedProtect and Customer and supersedes all prior understandings and other communications between the parties relating to the products. These terms and conditions are subject to change without prior notice. Not responsible for typographical errors.