TERMS
Our Terms and Conditions:
Please read carefully. The buyer is responsible for reading all terms. By ordering a part and submitting payment, the buyer accepts all terms 100%.
General Terms:
All parts are in used condition. No implied or expressed warranties on used items. A restocking fee applies on ALL returned items:
Unopened packaging: 15%.
Opened package: 50% retesting fee.
If there is a warranty offered with the part, it applies to the part being changed by an OEM Certified engineer and OEM certified test and calibration equipment/service tools. Proof will be required for a valid warranty claim/replacement. Please send certifications of test equipment and engineer certifications with all warranty claims.
Warranty does not cover any shipping, freight, environmental, or negligence-related damages. The buyer is responsible for purchasing shipping insurance/liability insurance with shipping charges.
Shipment and Risk of Loss:
All parts quotes are provided on an Ex Warehouse (EXW) basis with prepaid freight at the customer’s expense. Title and risk of loss shall pass to the customer upon pickup from the Medsource warehouse. A tracking number will be provided after pickup, and the customer is responsible and liable for tracking the parts as well as customs clearance and pickup. Any damage or loss that occurs after pickup is the customer's responsibility. The customer is responsible for getting freight insurance that will cover all losses or damages during transport, covering the entire value (even if the invoice value is lower).
Payment Terms:
The buyer is responsible for payments and all terms based upon the Medsource invoice.
We don’t work with customer POs (Purchase Orders). We require payment in advance before shipment or pickup. In case a customer PO is present, the information/terms on the Medsource invoice are valid and will overwrite the customer PO and other terms. The customer agrees to Medsource’s terms and conditions in all transactions.
Shipping, insurance, and customs clearance are the customer’s responsibility.
Credit card refunds will have processing fees deducted, as they are not refundable by QuickBooks Merchant services.
Limitation of Liability:
The parties agree that the seller shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as a result of the operation, non-operation, malfunction, or use of the equipment, or the provision of medical services utilizing the equipment. In no event shall our total liability in damages or otherwise exceed the total of the payments, if any, received by us from the client for the services furnished or to be furnished pursuant to the agreement.
In no event shall we be liable for incidental, consequential, indirect, punitive, or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits, or costs of downtime, however caused, whether based on contract, tort (including negligence), or any other legal theory. Medsource assumes no responsibility whatsoever for any matters relating to equipment calibration and use. The client hereby agrees to hold harmless and defend us, our respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney’s fees, and any other types of liability, whether accrued, absolute, contingent, or otherwise, arising out of or related to the ownership, use, or misuse of any of the equipment at any time. We specifically and expressly disclaim any express or implied warranties of fitness, merchantability, or suitability whatsoever.
Warranty Terms:
If there is a warranty offered, it applies to the part being replaced/serviced by an OEM Certified engineer with OEM certified test and calibration equipment and required service tools. Proof will be required for a valid warranty claim/replacement. Any environmental failure such as electric outage, cooling failures, negligence, physical damage during shipment, or by the service engineer is not covered by warranty.
All returns must be received within the warranty period if there is a credit/refund claim. Otherwise, the refund/credit claim will not be valid. If a customer voids the warranty by any means, a restocking fee will be applied. Returned items with void warranty stickers do not have a valid warranty or any credits.
All warranty returns must be received within 14 days. Warranty returns must have warranty stickers intact and be free of physical damage to be eligible for credit.
All warranty returns require a report with visuals and error logs of failure and service engineer certifications from the engineer who performed the service to be eligible for credit or replacement.
Warranty does not cover any shipping, freight, environmental, or physical damages and negligence. The buyer is responsible for purchasing shipping/liability insurance.
Any environmental failure such as electric outage, cooling failures, physical damage, negligence, and shipping damages are not covered by warranty.
Warranty does not cover failure caused by an existing fault in the system that might damage the item covered by warranty. All other failures must be eliminated to cover warranty.
All “AS IS” sales are sold on an “as-is” basis without any express or implied warranties. The buyer is welcome to inspect the equipment before purchase and shipping. No returns or exchanges on “AS IS” items.
All system sales (complete or parts units including Gantry only systems) are on an “AS IS” basis. All information provided is based on estimates, and the buyer is responsible for inspecting and verifying the information provided. The seller assumes no liabilities after inspection and pickup from the Medsource warehouse or inspection location. If the buyer chooses not to inspect the equipment, the buyer assumes all liability.
Details of warranties for X-ray tubes and other glassware will be made available at the time of the order or by inquiry to Medsource. This warranty is void if the serial number or security measures have been altered or removed from the product. If the failure of the product is a result of an accident, shipping damage, abuse, misapplication, or acts of God, Medsource shall have no responsibility under this warranty policy. Tube usage information is based on the availability of data if available from the system console. If the console is not available, tube usage is estimated based on the year of manufacture. Medsource is not liable for any deviations in the accuracy of the data. The buyer is responsible for verifying all data and details during inspection. Warranty terms and credit terms are as follows:
DOA (Dead/Defective on Arrival) claims must be made within 7 business days of the delivery date. Damaged items in shipping must be noted on the delivery ticket. Parts that are tampered with will not be credited. The Returns/Exchange form must be filled out. DOA claims also require a valid RMA number.
Warranty credit will only be issued when a warranty replacement has been ordered. Warranty returns without a warranty re-order will not be accepted, and no credit will be issued.
All warranty parts must be returned to Medsource within 7 days of the warranty replacement ship date.
All warranty claims will undergo a technical review validation by our engineers, and a credit will only be issued on valid and approved warranty claims.
Exchanges/Returns:
Any exchange or return past due 21 days will not be accepted, and a core fee will be due.
All “AS IS” sales are sold on an “as-is” basis without any express or implied warranties. The buyer is welcome to inspect the equipment before purchase and shipping. No returns or exchanges on “AS IS” items.
All warranty returns must be received within 14 days. Warranty returns must have warranty stickers intact and be free of physical damage to be eligible for credit.
All warranty returns require a report with visuals and error logs of failure and service engineer certifications from the engineer who performed the service to be eligible for credit or replacement.
All exchange, warranty, and restock parts must be returned to Medsource at the customer’s expense to ensure proper credit. The customer is responsible for duties and taxes on return shipments.
Prepaid Core Deposits – All customers will be required to pay the full outright price initially. This amount will be fully refunded upon receipt of an acceptable exchange item.
A “Like and Repairable” part must be received at our facility within 21 days of the date of shipment. If an exchange part is not received within 21 days of the date of shipment, an additional core fee will be billed.
Exchanges will not be accepted with any of the following: physical damage, customer modifications, evidence of attempted repairs, or cannibalized parts.
If the exchange received is not a “Like and Repairable” part, the customer will be notified and requested to provide a “Like and Repairable” part within 5 calendar days. If one is not received within 5 days, additional billing will be assessed. The exchanged part received may be returned at the customer’s request and expense.
If a part is shipped in a crate or pelican case, the exchanged part must be returned in the original container. For each pelican case or crate not returned, there will be a $500 replacement fee. Full credit will be issued upon the return of the original container.
If the part is returned within 14 days from the original date of shipment, the following restock credit will apply:
Unopened: Restock fee 15% (85% credit)
Opened: Restock fee 50% (50% credit)
After 14 days: No credit; part processed as an exchange
Not returnable after 14 days.
Note: If the part is returned and found to be defective, tampered with, or different than what was shipped, no credit will apply. It will be considered a core exchange or sent back to the shipper at the buyer’s expense.
Buyer agrees with all terms upon submitting payment.
Thank you for your business.
Have a great day!
Medsource Group LLC