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    ENDOSCOPYSUPERSTORE.COM

    TERMS AND CONDITIONS

     

    Thank you for ordering from ENDOSCOPYSUPERSTORE.COM. We hope you are satisfied with the items purchased. Please refer to our "Terms and Conditions" which follow below, for all your product-related needs.

     

    Use of the ENDOSCOPYSUPERSTORE.COM website, constitutes the legally binding agreement of this and our Legal policy. If you do not agree with these policies, do not use this site.

     

    If you continue to browse and use this website you are agreeing to comply with and be bound to the following terms of use, which together with our legal policy govern the ENDOSCOPYSUPERSTORE.COM relationship with you in relation to this website.

     

    1. PURCHASE OF PRODUCTS

     

    1.1 Purchases of instruments, devices, equipment and accessories ("products") from ENDOSCOPYSUPERSTORE.COM (“EndoscopySuperstore™”) are subject to, and governed exclusively by, these Terms and Conditions, all of which constitute the sole and entire agreement between EndoscopySuperstore™ and you with respect to such purchases.

     

    1.2 EndoscopySuperstore™ sells its products only to medical facilities, licensed providers of medical services, governmental agencies and educational institutions, and to customers that sell, lease and/or rent the products to the foregoing.

     

    1.3 By purchasing products from EndoscopySuperstore™: (i) you accept and agree to be bound solely by these Terms and Conditions, (ii) you agree that any conflicting, inconsistent and/or additional provisions contained in any documentation or communication by you shall be of no force or effect and these Terms and Conditions will supersede and prevail over such conflicting, inconsistent and/or additional provisions, (iii) you represent and warrant that you are a medical facility, licensed provider of medical services, governmental agency or educational institution or that you sell, lease and/or rent to the foregoing any products you purchase from EndoscopySuperstore™ and (iv) you acknowledge and accept all responsibility for federal, state, local and foreign regulatory compliance required in the further sale or use of products purchased from EndoscopySuperstore™.

     

    1.4 Specifications and design for all products sold are subject to change by the manufacturer without prior notice

     

    2. TERMS

     

    2.1 Prices are subject to change at any time.

     

    2.2 Payments for all products purchased must be made only in US Dollars (US $) by credit card or PayPal™ at the time of purchase. Amounts payable to EndoscopySuperstore™ for the purchase of products are not subject to withholding, set-off, or counter-claim under any circumstances.

     

    2.3 Shipments are F.O.B. shipping point; freight, handling and all applicable taxes will be added to invoice and charged to you at time of purchase.

     

    2.4 Any and all collection expenses, including reasonable attorney’s fees, which are incurred by EndoscopySuperstore™ to secure payment of any sums due from you, together with a finance charge on unpaid balances equal to the lesser of one and one-half percent (1-1/2%) per month or the maximum amount allowed by law, and/or to effectuate repossession of products purchased from EndoscopySuperstore™ will be borne by you.

     

    2.5 All controversies, disputes and claims, shall be adjudicated by a court of competent jurisdiction within the County of Los Angeles, State of California or the United States District Court, Central District of California, which courts shall have exclusive jurisdiction of such matters; you consent to the exclusive jurisdiction of such courts.

     

    2.6 The Terms and Conditions and all purchases shall be governed by, construed and interpreted in accordance with the substantive laws of the State of California (not including its conflicts of laws rules).

     

    2.7 The invalidity or unenforceability of any of these Terms and Conditions will not affect the validity or enforceability of any other or remaining Term or Condition. These Terms and Conditions are subject to change at any time and without prior notice to you.

     

    3. SHIPPING

     

    3.1 EndoscopySuperstore™ ships via FedEx domestically and automatically defaults to FedEx Ground. Your preferred delivery method is offered as an option at the time of check out. Recipient is responsible for all additional fees, customs and duties. All shipments require a signature for delivery.

     

    3.2 All products are carefully packed in custom designed packaging to minimize in-transit damage. All shipments should be carefully examined upon receipt and if a product is damaged, you must document the nature and extent of the damage and immediately contact EndoscopySuperstore™.

     

    3.3 If concealed loss or damage is discovered, you must retain all packing materials and immediately notify EndoscopySuperstore™ requesting an inspection.

     

    3.4 If shipments are received short, you must contact EndoscopySuperstore™ at once.

     

    3.5 EndoscopySuperstore™ is not liable for any damages caused by, or attributable to, delays and/or non-delivery due to any cause whatsoever.

     

    4. RETURN POLICY


    4.1 Credit will only be issued for products that are returned within 30 days of invoice date in resalable condition and in the original, as well as undamaged, packaging. Please call customer service at 800-331-0021 (818-340-3433 direct) for a Return Authorization Number (RMA#). Merchandise returned without prior permission (RMA#) will not be accepted for credit. Issue of a RMA # should not be interpreted as a final credit to your account.  No credit will be issued for products returned after 30 days from the date of invoice. All products returned after five (5) business days are subject to a 20% restocking fee.

     

    4.2 Returns must be carefully packed and shipped pre-paid to EndoscopySuperstore™. Shipping charges will be reimbursed if the return was due to an error on the part of EndoscopySuperstore™. When returning products, you must include a copy of the original invoice or packing slip to ensure prompt issuing of credit.

     

    4.3 The following products may not be returned for credit or exchanged: (1) products held longer than 30 days from invoice date; (2) products that are etched or engraved by you; (3) products damaged or defaced by you; (4) products not complete as shipped; and (5) products used after delivery to you.

     

    4.4 In order to prevent the transmission of disease to your and/or EndoscopySuperstore™‘s personnel, all products must be cleaned and then sterilized and/or disinfected before sending the products back to EndoscopySuperstore™, who reserves the right to return unclean and contaminated products to you or to charge a “cleaning fee” to handle such products.

     

    4.5 If any product becomes damaged and is not immediately returned for repair, EndoscopySuperstore™ assumes no responsibility or liability for continued use of that damaged product.

     

    4.6 EndoscopySuperstore™ does not guarantee the performance of, and may decline to repair or accept for exchange, any product that has been repaired, modified and/or altered by any person or entity other than EndoscopySuperstore™ or an authorized repair facility of EndoscopySuperstore™.

     

    5. LIMITED WARRANTY POLICY

     

    5.1 All products are sold, and accepted by you, in "as is" condition, subject only to this Limited Warranty Policy.

     

    5.2 Products sold by EndoscopySuperstore™ are warranted to be in good working order and free from defects in workmanship and materials for 30 days from date of sale. Any product with such defect may be returned for credit pending product evaluation upon receipt.

     

    5.3 THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS AND/OR OF SUITABILITY FOR A PARTICULAR PURPOSE, WITH RESPECT TO ALL PRODUCTS OR SERVICES. ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS AND/OR GUARANTEES, OF ANY TYPE, NATURE OR EXTENT, BE IT IMPLIED, EXPRESS AND/OR WHETHER ARISING UNDER OR AS A RESULT OF ANY STATUTE, LAW, COMMERCIAL USAGE, CUSTOM, TRADE OR OTHERWISE, ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED.

     

    5.4 Any contrary course of performance by and between the parties will not modify any representations and/or warranties set forth in these Terms and Conditions.

     

    5.5 EndoscopySuperstore™ neither assumes, nor authorizes, any person to assume for it, any other liabilities in conjunction with and/or related to the sale and/or use of the products. The remedies provided in these Terms and Conditions are the exclusive remedies under this Limited Warranty Policy.

     

    6. LIMITATION OF LIABILITY

     

    6.1 EndoscopySuperstore™ is not liable, directly or by way of indemnity, either expressly or impliedly, for: (1) any damages which might arise or be caused, whether by you or by any of the users of the products provided by EndoscopySuperstore™, as a result of, in connection with, or otherwise attributable to: (a) misuse, abuse, mishandling and/or improper operation of the products; (b) any repairs, servicing, modifications and/or alterations (c) use in combination with adaptors, accessories and/or equipment from other manufacturers or, (d) use in any manner other than those for which such products are designed and are otherwise intended to be used; and, (2) any special, incidental, consequential, punitive, exemplary or indirect damages, including but not limited to alleged damages for delayed shipment, non-delivery, product failure, product design or production, inability to use such products, loss of future business (lost profits), or from any other cause, whatsoever, in connection with or arising from the purchase, sale, lease, rental, installation or use of such products or with respect to these Terms and Conditions even if a party has been advised of the possibility of such damages.

     

    6.2 Excluded from this warranty and not warranted by EndoscopySuperstore™ in any fashion, either expressed or implied, are; defects and damage to products resulting from wear, tear, misuse, negligence, improper storage, transit, non-performance of scheduled operator and equipment maintenance items, battery leakage, or use of non- approved accessories, consumables, or supplies; software programs; and consumables, including but not limited to batteries. 110v NTSC equipment is for USA customers. If ordered for any other country outside of the USA on voltage other than 110v, your purchase is made at your own risk. No warranty due to possible risk of damage operating on other voltages. EndoscopySuperstore™ provides no warranty for endoscopes, parts, accessories or light source/processor that exhibit physical damage or that falls under any of the following exclusions; endoscope or light source/processor packaged or shipped not per EndoscopySuperstore™ Packaging and Shipping Guidelines; endoscope or light source/processor damaged during installation or removal (such as broken connector, broken pins, broken seals, holes, cut or tears in Bending Rubber Sheath or any other part of endoscope, Minor/Major Fluid Invasion, Acts of God); endoscope or light source processor/damaged by any user during use; endoscope or light source/processor damaged by modification or repair not authorized by EndoscopySuperstore™; endoscope or light source/processor that has been the subject of abuse, unreasonable use, or mistreatment; endoscope or light source/processor damaged by environmental conditions (such as corrosion or staining); or other exclusions as published from time to time online. EndoscopySuperstore™ shall return endoscope or light source/processor that is not covered by warranty to purchaser by collect freight. Cuts or tears in Biopsy Channels/Suction Channels/Bending Rubber Sheaths/External insertion tube/Light Guide Tube Rubber Parts OR any damage to equipment from fluid invasion is not covered under warranty. Instrument must be leak tested prior to procedure and cleaning.

     

    6.3 Any product which has been disassembled, repaired, tampered with, altered, changed, or modified by any person(s) other than EndoscopySuperstore™’s own personnel, unless such repair by others is made with the prior written consent of EndoscopySuperstore™ voids the warranty. Endoscope or light source/processor being defaced (such as label alterations, Serial number missing, serial number no longer discernible, serial number invalid) endoscope or light source/processor warranty labels being removed or destroyed; endoscope or light source/processor being damaged due to lack of ESD protection voids the warranty.

     

    6.4 SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATIONS AND/OR EXCLUSIONS, SET FORTH IN THE WITHIN TERMS AND CONDITIONS (MORE SPECIFICALLY IN THE "LIMITED WARRANTY POLICY" AND "LIMITATION OF LIABILITY" SECTIONS HEREOF), MAY NOT APPLY. IN THAT EVENT, MDS' LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THE SUBJECT JURISDICTION.

     

    7. SOFTWARE OWNERSHIP AND LICENSING

     

    7.1 With respect to products containing software components, you are granted a non-exclusive, limited, non-transferable license to use the programmed logic, computer programs and/or software ("Software") supplied by EndoscopySuperstore™, in connection with, and incorporated into, the products internally, but only in the form in which delivered to you and for the sole purpose of operating in accordance with written instructions for such products provided to you (and for no other product or purpose).

     

    7.2 The Software, and all modifications, enhancements and upgrades thereto, will, at all times, remain the property of the manufacturer of the products. You may not, and may not permit anyone else to, duplicate, copy, reverse-engineer, de-compile, or disassemble the Software or in any way modify the Software. You have no right to, and may not, create derivatives of the Software, and you may not attempt to copy, create or re-create the source code of the Software. Any and all such modifications or enhancements to the Software in contravention of this license will immediately become the sole property of EndoscopySuperstore™ or the manufacturer of the products.

     

    7.3 You hereby acknowledge and agree: (i) that the purchase of products does not constitute a sale of the Software, (ii) that the Software is the property of EndoscopySuperstore™ or the manufacturer of the products, (iii) that you neither own nor acquire any interest in any copyright, patent or other intellectual property right in or to the Software, and, (iv) EndoscopySuperstore™ and/or the manufacturer of the products retains and owns all right, title, and interest in and to the Software and the ownership rights therein, at all times, regardless of the form or media in or on which the original or other copies of the Software may exist.

     

    7.4 In the event of a failure by you, or your agents, employees or representatives, or third-party end-users, to comply with any terms and conditions of the License herein granted, the License will, without any further action by EndoscopySuperstore™, the manufacturer of the products or any other party, immediately terminate.

     

    8. TRADEMARK

     

    8.1 Your use of any information or materials on this website is entirely at your own risk, for which EndoscopySuperstore™ shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

     

    8.2 This website contains material which is owned by or licensed to EndoscopySuperstore™. This material includes, but is not limited to, text, product information, the design, layout, look, appearance and graphics. Reproduction in any way is prohibited.

     

    8.3 All reproduced trademarks, which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

     

    9. LEGAL

    9.1 Trademark Protection: The trademarks, service marks, and trade names are the registered property of their respective owners and are only used to identify the products of the respective companies. EndoscopySuperstore™ does not claim to have any relationship with said trademark owners. EndoscopySuperstore™ will use reasonable efforts to include accurate information on our Website, but makes no warranties, or assurances as to the accuracy or completeness of the information provided. EndoscopySuperstore™ will not be liable for any damages or injury resulting from your access to, or inability to access, the EndoscopySuperstore™ site, or from your reliance on any information provided at this Internet site.

     

    9.2 EndoscopySuperstore™ will take great care and will take all reasonable steps to protect your personally identifiable information as you transmit your information to our Website and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please be aware that there is no internet transmission that is ever 100% secure. Specifically, e-mail sent to or from this site may not be secure and you should therefore take special care in deciding what information you send to us via email. Davol™, V. Mueller™, Stryker™, Karl Storz™, ACMI™, Circon™, Wolf™, Pilling™ & Olympus™ are all registered trademarks of their respective companies and are not affiliated with EndoscopySuperstore™.

     

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