Terms & Services
Prices: All published prices or prices quoted by Supplier are based on costs and conditions existing on the date of the Quote and are subject to adjustment without notice. Written quotations expire automatically seven (7) calendar days from the date stated on the quotation and are subject to change or termination within that period. Defective products that may have been altered or previously repaired or that may have internal damage that is not identifiable through Supplier’s standard evaluation process could require additional work and charges over and above what is reflected in the original Quote, and may impact Supplier’s ability to repair the product. Therefore, Supplier reserves the right to alter the pricing quoted, or to decline to repair defective products. The quoted price(s) may not include applicable sales, excise, use, or other taxes in effect or later levied, all of which taxes shall be paid by the Customer. Unless the Customer provides Supplier with an appropriate tax exemption certificate reasonably in advance of the date of sale, Supplier may invoice the Customer for those taxes, and the Customer shall pay those taxes in accordance with the terms of the invoice. Such taxes, if applicable, will appear as separate items on the invoice. Customer agrees to pay all applicable taxes arising from this Agreement including any sales, use, excise, property, or similar federal, state, or local taxes. Customer will promptly reimburse Supplier for all amounts paid or payable by Supplier in discharge of the foregoing taxes.
Order Placement: Customer may order products and services from Supplier by using Customer’s standard PO documentation system. Customer PO shall include a valid PO Reference Number, physical ship‐to address, bill‐to and contact information, valid part number and accurate product description, quantity, unit price, total PO amount, applicable sales tax information, method of shipment, courier account information and shipping insurance requirements. Written POs received by Supplier are assumed to be generated by authorized agents of Customer. Verbal POs are not an acceptable method for order placement.
Order Cancellation: Product or service orders accepted by Supplier are not subject to change except upon written agreement. Orders accepted by Supplier are non‐cancelable by Customer except upon Supplier’s written consent. Any Customer order cancellation accepted by Supplier shall be subject to a cancellation charge of up to 25% of the PO value to cover costs of processing and the order handling.
Approval to Evaluate: By sending in a defective item to Supplier for repair, Customer agrees to allow Supplier to conduct an extensive evaluation of Customer’s product, which may include full disassembly of the item. Customer understands that this is necessary to provide an accurate evaluation, and expressly authorizes Supplier to perform such actions. Upon request by Customer, Supplier will make commercially reasonable efforts to restore Customer’s product to previous condition prior to return of item to Customer.
Insurance: Supplier and Customer shall each carry workers’ compensation, employer’s liability, general commercial, and product liability insurance with well‐recognized insurance carriers, in commercially reasonable amounts, covering their acts or omissions. Customer shall carry property insurance covering the equipment against damage or loss, and each party waives any claims against the other for damages to their property arising out of the acts or omissions of the other. Supplier will ensure that its qualified subcontractors carry commercially reasonable insurance coverage as described above.
- Field Service: 6 month
- Transducer Sales: 6 month OR quoted period
- Parts Sales: 6 month OR quoted period
- Transducer Repairs:
- 12 month OR
- 6 Month: 3D/4D Volumetric, BK Medical, Hitachi, Aloka, Sonosite, and Philips X5‐1
THE WARRANTIES IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. SUPPLIER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. All warranty claims shall be made in writing by Customer through the Supplier’s standard Return Material Authorization (RMA) process, by U. S. Mail, express services, or e‐mail directed to Supplier’s Customer Service, and providing the information on the Quote or product invoice.
Limitations of Remedies and Liability: Supplier will promptly re‐perform any non‐conforming services, or replace non‐conforming products, provided all claims for defect or non‐conformity are communicated to Supplier in writing within 12 months from the date of receipt of product or service by the Customer. Supplier will, at its option, repair, replace or credit any parts which it determines to be defective, provided that the Customer’s conduct has not caused or contributed to the defect. If the defect or problem is not related to specific repairs or products provided by Supplier under this Agreement, or if the damage is caused by Customer accidentally or through misuse or abuse, as determined by Supplier, Supplier shall, at Customer’s option: a) repair the product and charge Customer list price for repair; b) return the product to the Customer unrepaired; or c) source and provide a replacement product to Customer at current market
price.
Except as provided below with respect to tort liability arising from gross negligence or willful misconduct, SUPPLIER’S MAXIMUM LIABILITY UNDER THIS AGREEMENT TO CUSTOMER MAY NOT EXCEED THE PRICE OF THE SERVICE OR PARTS INVOLVED IN THE CUSTOMER CLAIM. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, WHETHER ARISING FROM BREACH OF THE TERMS IN THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY. SUPPLIER SHALL HAVE NO LIABILITY FOR DAMAGES RESULTING FROM ASSISTANCE PROVIDED THAT IS NOT PURSUANT TO THE TERMS OF THIS AGREEMENT WHICH SUPPLIER OR ITS EMPLOYEES OR SUBCONTRACTORS PROVIDED TO THE CUSTOMER. NEITHER PARTY HAS ANY TORT LIABILITY TO THE OTHER ARISING FROM THIS AGREEMENT, EXCEPT TO THE EXTENT EITHER PARTY COMMITS GROSS NEGLIGENCE OR WILFUL MISCONDUCT.
You could also add… > EXCHANGE – A like and repairable part must be received within 15 days from ship date or additional billing will occur. MW Imaging will inspect each exchange item received and reserves the right to accept or reject said exchange based on the repairability of the item. Non-return of core will result in ADDBILL of the outright quoted price.
> RESTOCK or WARRANTY – All parts returned for Restock or Warranty require prior authorization. To obtain an RMA for Warranty or Restock, notification should be sent to in**@mw*******.com. Warranty claims will be evaluated and credit will be issued against the original PO (a new PO will be required prior to obtaining a replacement part or service).
RESTOCK FEE:
- Refurb/Used/Tested 25%
- New unopened in original box 25%
- New opened in original box 35%
- New opened original box missing 50%
