Terms and Conditions TERMS AND CONDITIONS General Terms and Conditions Purchase Order Acceptance. Payment Terms. Price Taxes Shipping and Receiving. Pacific Medical ships via its preferred carrier unless notified on the purchase order. In order for freight to ship via customer’s preferred carrier the customer must arrange all pickups, and complete all Bill of Ladings. (Pacific Medical takes no responsibility if carrier no shows on pick-ups arranged by customer). Any shipping fees will be billed to customer unless otherwise stated in quote or purchase order. Damages identified upon equipment arrival must be communicated to Pacific Medical personnel within 3 days of the date arrival to the customer. If not reported, any damage fees will be billed to the customer, no exception. Pacific Medical does not clean or decontaminate equipment. If arrived as such, equipment will be returned to the original sender and denied service until properly cleaned or decontaminated. Upon arrival of product, if improper packaging is identified which resulted in damages; the customer will be notified and is held liable for any costs if not reported upon order placement with Pacific Medical personnel. Claims. Order Acceptance. Order Confirmation. Ordering Procedure. Cancellation and Return Policy. International Customers. Warranty for Serviced Equipment.
Warranty for Purchased Equipment. Warranty for Parts Purchased. Governing Law INSTRUCTIONAL INFORMATION - Some equipment may include instructions to assist with frequently asked questions based on customer feedback. Instructions are strictly for reference and should not be construed as true or accurate statements or statements made by the manufacturer. These are simply Pacific Medical’s tried and true methods for ease of use. BATTERIES - If new batteries are offered to the customer, and outlined in the quote, they will be provided. If new batteries aren’t offered then Pacific Medial will make best efforts to include refurbished batteries for testing purposes only and shall be replaced by customer as soon as possible. TESTING OF EQUIPMENT - All equipment received from Pacific Medical whether purchased or repaired shall be tested by the customer and verified in good working condition per OEM or hospital specifications. Pacific Medical will, under no circumstance load or update drug libraries for infusion products. Gas measurement products (airway, anesthetic, or other) are required to acclimate to customers environment for a period of no twenty-four hours or more. Chance of false readings or calibration issues are increased during this time period. Quality Expectations. Pacific Medical uses these quality expectations for all of our parts, services, and sales. All equipment and parts will pass functionality testing. Visual expectations for aftermarket parts will be “like new” condition. Aftermarket parts will be free of marks, scuffs, cracks, deformities, scratches, blemishes, and other anomalies not part of the design of the product. Refurbished items will carry different expectations than aftermarket. Refurbished parts and items will pass functionality testing and are warrantied to work as designed. Refurbished parts and items may be antiquated and therefore difficult to obtain, many items are “end of life” and/or unsupported by the manufacturer. Pacific Medical will make best attempts to provide products that are without defects but this is not always possible. If items fail to meet customer’s expectations but meet the criteria outlined here within, they will be subject to Pacific Medical’s warranty return policy. Definitions Refurbished – Previously used items which have been repaired and brought to OEM specifications for functionality by Pacific Medical. Unsupported – Products which Pacific Medical or the OEM do not offer services or parts. Unsupported products may be offered a replacement item or will be returned to customer. OEM – Abbreviation for ‘Original Equipment Manufacturer’. End of Life – Products which the OEM discontinues and exits. End of Life can refer to services and/or goods. End of Life products are announced by the OEM and Pacific Medical makes no claims or warrants towards the OEM’s End of Life designation. Aftermarket – New items and parts used as replacements for OEM products. Also known as OEM compatible. Flat Rate – Term applied to items which carry a negotiated price for repair services. Flat rates assume the item has a “standard malfunction/normal wear and tear” while in operation per OEM standards and guidelines. Items which have multiple failures or which appear to be tampered with may require pricing changes. Any items where parts are harvested and nonfunctioning or broken parts from other devices are put in “cannibalizing” or “frankensteining” will not be honored by Pacific Medical flat rate. Calibrations, Preventative Maintenance (PM), Software Upgrades Items that are calibrated only or where preventative maintenance was only service offered will not carry Pacific Medical’s warranty. These items will be guaranteed to work and to proper calibration or PM for thirty days. Evaluation – Any service product may be brought into Pacific Medical under an evaluation. There will be no flat rate given on an item coming in for evaluation. Pacific Medical will evaluate the problem with the product and will quote a price for repair, exchange, or replacement. If customer does not accept the evaluation then products may be returned to customer. Certain evaluations may require fees if unit is not repaired, exchanged, or replaced by Pacific Medical. Exchange – Pacific Medical may offer an exchange on equipment rather than repairing. Exchanges are most often offered when original equipment is beyond repair or repair cost exceeds cost of replacement of whole unit. Advanced exchanges may also be offered to the customer in order to expedite a repair where a compatible unit will be shipped to the customer and their unit sent into Pacific Medical as a trade. The Customer’s asset will become the property of Pacific Medical. There may be costs incurred by the customer on exchanges which will be determined by Pacific Medical. If items sent to Pacific Medical do not meet quality criteria for inventory replacement then costs may be higher than originally quoted. Turn Time – Represents the amount of time that Pacific Medical will possess the product. Shipping times and customer waiting periods will not be included in turn times. Turn times are estimates, unless otherwise specified, based on current volumes going through Pacific Medical’s depot facility and may fluctuate. Core Returns - Any purchased items which require a core return product back to Pacific Medical must be returned within thirty days. Any core not returned in thirty days will be subject to charges up to the full price of the item purchases and will be billed to the customer. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Pacific Medical. The collective work includes works that are licensed to Pacific Medical. Copyright 2003, Pacific Medical ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Pacific Medical or purchasing Pacific Medical products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Pacific Medical or to purchase Pacific Medical products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Pacific Medical. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Pacific Medical used in the site are trademarks or registered trademarks of Pacific Medical Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Pacific Medical disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Pacific Medical does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Pacific Medical does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Pacific Medical shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pacific Medical has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Pacific Medical product is mistakenly listed at an incorrect price, Pacific Medical reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Pacific Medical reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Pacific Medical shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pacific Medical without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Pacific Medical may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Pacific Medical. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pacific Medical products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Pacific Medical products) must be commenced within one (1) year after the claim or cause of action arises. Pacific Medical's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pacific Medical may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pacific Medical or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Pacific Medical does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pacific Medical is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pacific Medical reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Pacific Medical in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Pacific Medical, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Pacific Medical may link to sites operated by third parties. However, even if the third party is affiliated with Pacific Medical, Pacific Medical has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pacific Medical. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Pacific Medical seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |