1) Orders: Orders should be made out to SW Med-Source, PO Box 93115, Southlake, TX 76092. Phone: 817 424-1744 or 1 888 424-1740; Fax: 817 424-1745. Our email address is firstname.lastname@example.org. Business hours are 8 am - 6 pm CST.
All orders are subject to acceptance by SW Med-Source. Written orders are requested. Confirmation of our acceptance will be made by SW Med-Source in writing and will be emailed or faxed to customers on all credit card orders and purchase orders. Customer should review confirmation carefully for accuracy. It is the responsibility of the customer to insure that the order is correct. Payment can be made by check, VISA, MasterCard, American Express or check in advance. (U.S. Funds only)
Note: Our products are typically sold to healthcare facilities including hospitals, surgery centers and physicians offices. We also sell to government entities, corporations and brokers. We do not deliver to residential addresses.
2) Order Changes: All order changes should be in writing and must be mailed, emailed or faxed to SW Med-Source for approval within 5 business days from when the order was initially placed. Changes on certain items are subject to additional charges. No changes can be made on custom orders for products such as pads, stretcher mattresses, cart covers or furniture once the product has gone into production and/ or once the fabric has been cut.
3) Payment Terms: Any credit terms are subject to approval and at the sole discretion of SW Med-Source. Our terms are net 30 days subject to credit approval. Credit documentation is required of all new accounts. We reserve the right to change or modify credit terms and/ or conditions at any time. Any queries should be directed to our credit department.
Our prices are FOB factory (customer pays shipping charges) unless stated otherwise below the pricing for a particular item. Our website prices are subject to change without notice. All past due amounts are subject to a 1.5% per month finance charge on the unpaid balance.
If Buyer fails to comply with payment terms, Seller reserves the right to withdraw credit, suspend or cancel performance under any and all orders or agreement and all Buyer's obligations to Seller shall become immediately due and payable.
4) Security Interest: Buyer hereby grants to Seller, its successors and assigns, a security interest in the Products to secure payment of the purchase price of the Products until all amounts due or to become due hereunder have been paid. Any repossession and removal of Products shall be without prejudice to any of Seller's other remedies at law or in equity.
Default in payment of such price or any part of the price when due shall permit Seller, in its sole discretion, to declare all obligations of Buyer immediately due and payable, and in such event, Seller shall have the rights and remedies of a secured party under applicable law.
In connection with the security interest granted herein, Seller is expressly authorized, at its discretion to file one or more financing statements or other notices under applicable law naming Buyer as debtor and Seller as secured party. Buyer agrees to execute such documents requested by Seller to record and otherwise perfect this security interest.
5) Force Majeure: Seller shall not be liable for any loss, delay or failure to perform resulting from any force, majeure event, including but not limited to Acts of God, fire, natural disaster, labor stoppage, fuel shortages, government intervention, war or military hostilities, inability of carriers to make scheduled deliveries, manufacturing delays or any act beyond the reasonable control of the Seller. Any delivery date may be extended, at Seller's option, to the extent of any delay resulting from any force majeure event.
6) Price Quotations: All written price quotations will be valid for 30 days, unless stated otherwise on the quotation. Freight estimates given are just that. We do not guarantee any shipping and/ or freight quotations as they are estimates and the actual amounts are beyond our control.
7) Freight: Carrier selection is at the manufacturer's discretion unless otherwise specified in the quotation. All shipments are made FOB Factory, Prepaid and Add unless stated otherwise on our website page. Charges are determined by the carrier's tariff. Special shipping requirements are subject to a service charge. SW Med-Source is not liable for any shipping delays outside of our control.
8) Freight Claims: Carefully inspect all shipments before accepting delivery from carrier. Please note any specific damage on the freight bill so a claim can be made with the freight carrier. You may refuse any obviously damaged merchandise. But we suggest you call us immediately with any questions. Claims for freight damaged in transit must be made by the customer with the freight carrier within the time frame specified by the freight carrier. (Usually 10 days) SW Med-Source is not responsible for any damage to product while in transit.
9) Returns: Our return policy is the same as the manufacturers we purchase from. Most manufacturers will not accept returns after 30 days. Some manufacturers permit returns but with a restocking charge. Others do no accept returns either because it is a custom product or because it is a surgical product that may have been exposed to bloodborne contamination. This return policy is standard in the medical industry.
For products that can be returned, the buyer/ customer must obtain written authorization from us to return the item. Returned items must have an assigned RMA# written on the outside of the box. Items must be returned in the original box with the original packaging to the manufacturer. They must be received in new/ undamaged/ re-saleable condition. Freight costs must be paid by customer and a restocking fee of up to 25% will be assessed. Custom manufactured products that are made to order with your specified size, wood or laminate color, material or upholstery pattern/ color are absolutely non-returnable.
10) Buyer/ Customer Delayed Shipping/ Delivery: While we understand there are sometimes delays with new facility opening dates, once a custom product has gone into production at the factory, there is nothing we can do to stop it. (See above related paragraph regarding Order Changes) Most manufacturers will charge us for your custom product regardless of whether it ships to you or not. So we cannot cancel a custom order once the product goes into production.
Also once a product has shipped from the factory, we cannot stop it and have it returned to them without incurring significant additional charges. Therefore it is absolutely imperative that the buyer/ customer communicate their requirements to us within 5 business days from when the order is initially placed.
Buyer/ customer is encouraged to communicate with us by email, notifying us of any changes to the requested delivery date, ship-to location, contact person, contact phone numbers or any other pertinent delivery-related details. Such details cannot be changed once the product ships without incurring re-consignment and related pick-up and delivery charges. SW Med-Source will pass these charges onto the buyer/ customer.
Storage and handling charges will also be assessed when the customer or their agent cannot or will not accept delivery of an order as scheduled to the original agreed upon ship-to address. Storage, handling, re-consignment fees (to a different address) and related charges will be invoiced to the customer's account. Storage fees may be charged to SW Med-Source by the manufacturer, the commercial carrier or a third party involved in storing the ordered products. SW Med-Source will pass these charges onto the buyer/ customer.
Those storage costs will begin to accrue on the date the product is transferred to storage. These costs will typically begin within a couple of days after the product arrives at the local truck terminal. Buyer/ customer understands and agrees that these charges will be added by SW Med-Source to their credit card bill or invoice and agrees not to dispute said charges in the event they become necessary due to buyer/ customer delayed delivery issues.
11) Packaging: All furniture is automatically boxed with the exception of some of our patient room furniture. Some of these pieces are shipped blanket wrapped to certain areas unless otherwise specified by the customer. Cartons for certain patient room furniture is available but at an additional cost. Small chair carton (2 per carton) is $12 to $18. Large chair carton (1 per carton) is $12 to $20. These costs are subject to change.
12) Warranty: Warranty depends upon manufacturer of product. Warranty on some products is included with description. Please contact us regarding specific warranty information.
Fabrics: Since fabrics are not usually guaranteed to us by the manufacturer, SW Med-Source cannot warranty the wearing, quality, durability, color fastness, etc. of coverings, padding or fabrics. BioFit and Lesro Industries are the exception to this. They do warranty the above issues. Thus, when manufacturers do not provide us with this guarantee, we cannot provide this guarantee to the customer. Also dye matches cannot be guaranteed to match if multiple orders are placed at different times.
Local Repairs: Charges for local repairs will not be accepted without our prior written authorization. Estimates must be submitted in writing.
13. Limitation of Liability, Indemnity: Seller shall not be liable for indirect, special incidential, consequential or punitive damages. Seller's total liability, whether based on contract, tort or any other legal theory, is limited to the purchase price of the product at issue.
Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller's reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer's employees, agents and licensees, or any person not a party hereto, (b) damage, claim or liability arising by reason of Buyer's breach of any of its obligations as set forth in this Agreement.
14) Governing Law/ Dispute Resolution: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, USA, without giving effect to the conflict of law provision thereof. The parties hereby disclaim the applicability of the 1980 U.N Convention on the International Sale of Goods.
Seller agrees to follow the BBB On Line Code of Online Business Practices. The parties agree that any dispute related to or arising from this transaction that cannot be settled through informal negotiations shall be submitted to the exclusive jurisdiction of the courts of Tarrant County, Texas. Buyer shall pay for any collection fees for past due invoices including but not limited to reasonable attorney fees and court costs.
18) Acceptance of Terms: Purchasing products from this site indicates you accept the terms and conditions specified above.
15) Attorney Fees and Arbitration: In any claim arising under these terms and conditions, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. Any controversy or claim arising under this agreement that cannot be resolved by the parties themselves must be settled exclusively by binding arbitration in Tarrant County, Texas, according to the Commercial Arbitration Rules of The American Arbitration Association and the laws of the State of Texas. Any award will be in writing and will be final and binding on the parties and judgement may be entered on it in any court of competent juristiction.
16) Severability: Any provision hereof which is prohibited or unenforceable shall, as to such jurisdictions, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity of such provisions in any other jurisdiction.
17) Waiver: No waiver of any breach of any provision of these terms and conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
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