A. ReSource Surgical Equipment, LLC (Seller) warrants capital equipment it sells which has been refurbished, rebuilt or restored, to be free from defects in material and workmanship, when operated under normal use and with proper preventative maintenance. Warranty shall extend for a period of one (1) year after date of shipment to Customer. Seller’s warranties do not apply to damage resulting from unauthorized installation, accident, casualty, alteration, abuse, misuse, neglect or failure to follow manufacturer’s written instructions.
ENTIRE WARRANTY: SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND SELLER EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. SELLER SHALL HAVE NO OTHER LIABILITY, DIRECT OR INDIRECT, OF ANY KIND, INCLUDING LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
B. In the event of an equipment failure, Customer must promptly send to Seller notice of defect and satisfactory proof thereof, including allowing Seller the opportunity to inspect the Equipment. Customer’s sole and exclusive remedy for breach of the foregoing warranties shall be the repair or replacement and reinstallation of defective parts, or at the Seller’s option, to refund the purchase price. Seller is not responsible for any warranty work, repairs, replacements, or other work, or charges relating thereto, that have not been authorized by Seller in writing. Defective parts replaced by Seller or its agents shall become the property of the Seller.
C. SELLER SHALL NOT BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES FOR LOSS OF USE ARISING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF CONTRACT, MATERIAL OR OTHERWISE, OR FROM ANY TORTIOUS ACTS OR OMISSIONS OF ITS EMPLOYEES OR AGENTS, AND IN NO EVENT SHALL THE LIABILITY OF SELLER EXCEED THE PRICE OF THE DEFECTIVE PRODUCT OR OF THE PRODUCT SUBJECT TO LATE DELIVERY. If Seller, without separate compensation therefore, furnishes the Customer with advice or other assistance concerning any product supplied hereunder or any system or equipment in which any such product may be installed which is not required hereunder, the furnishing of such advice or assistance will not subject Seller to any liability whether in contract, tort (including negligence and strict liability) or otherwise.
As Is Equipment
USER IS OBTAINING THE PRODUCT “AS-IS”. SELLER AND ITS VENDORS PROVIDE THE PRODUCT WITHOUT WARRANTY OF ANY KIND, AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
New Equipment & Accessories & 3rd party Equipment
If the Product sold is not manufactured or refurbished by Seller, Seller will extend to the Customer the same warranty protection Seller received from the original manufacturer, refurbisher, or dealer.
Terms and Conditions
Unless otherwise stated in writing by seller shipping terms shall be as follows:
Terms of Shipment: Shipping Charges are Pre-Paid & Added to the Customer’s Invoice
Prices are based on U.S. dollars and are F.O.B. point of shipment. Prices do not include freight or delivery charges or taxes or any export or import duties. Those charges may be prepaid by Seller and added to Customer’s invoice.
Cancellation of the order by Customer after acceptance by Seller may be made only on terms which will compensate Seller for loss due to the cancellation and any expenses incurred by Seller relating to the order.
Returned Goods Policy:
Equipment and/or products that are not as represented by seller may be returned within a 30-day period from the date of shipping. Credit may not be issued if Merchandise shows any signs of damage, wear or abuse. The customer will receive a full refund based on the purchase price less the shipping charges. All Returned Goods must have an assigned Returned Materials Authorization Number (RMA). The RMA number will be issued by ReSource Surgical Equipment. This RMA number will be valid for 30 days only. Items must be sent back during this time otherwise the return will be refused.
New Equipment and accessory returns will be based on each individual manufacturer’s existing Returned Goods Policy.
A 25% restocking fee will be applied to all equipment and products returned after the initial 30 day period OR for which evidence cannot be shown that proves that the equipment failed to meet the condition as represented by seller.
THIS FORM MUST ACCOMPANY ANY RETURNS TO ASSURE PROPER CREDIT, CUSTOMER IS RESPONSIBLE FOR CONDITION OF PRODUCT ON RETURN, PLEASE BE SURE RETURNED MERCHANDISE IS PROPERLY PACKAGED TO AVOID DAMAGE IN TRANSIT, CREDIT MAY NOT BE ISSUED IF MERCHANDISE SHOWS ANY SIGNS OF DAMAGE, WEAR, OR ABUSE.