Terms & Conditions
Terms & Conditions
Parts Limited Warranty Policy
All parts, unless stated otherwise, are shipped with a 30 day limited warranty against material defect. This limited warranty is provided in lieu of any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacture (“OEM”) specifications, or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at Southwest Medical Resource’s (SwMR), or SwMR PartsPlus or its Affiliates option. Any warranty claim must be made, by written notification to SwMR, within 30 days of shipment of the defective part from SwMR to you. Any defective part subject to a warranty claim must be received by SwMR within 15 business days of provision of written notification of the warranty claim; otherwise, you will be billed the replacement part price, in addition to the full price of the item not promptly returned. In the rare instance any warranty claim is issued, it is the sole responsibility of the customer to pay for (1) the shipping of the replacement part from SwMR to the specified shipping location provided by the customer and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to SwMR (1290 E Elm Street Ste. B, Ontario, CA 91761).
For all exchanges, the exact part, in repairable condition, must be shipped back to SwMR unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by SwMR within 15 business days from the initial shipment date from SwMR to you; otherwise, you will be billed the exchange part price, in addition to the full price of the exchange item not promptly returned.
If the part you send to SwMR is not the exact part, i.e the serial number of the part SwMR sends must exactly match the exchange/return part serial number, or is not in repairable condition, SwMR will refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon your receipt of the returned part, you will have 5 business days to ship back to SwMR the exact, repairable part; otherwise, you will be charged the full price of the part not promptly returned, in addition to the price of any exchange part.
Dead On Arrival (DOA) Parts Policy
If in the event you receive a Dead On Arrival (DOA) part, you must notify SwMR in writing within 5 business days of receipt of such part. Thereafter, the DOA part must be returned to SwMR within 15 business days of provision of such written notice to SwMR; otherwise, you will be billed any replacement part price, plus the full price of the item not promptly returned.
Restock Parts Policy
If a part shipped to you by SwMR unused, you must obtain a Return Material Authorization (RMA) number from SwMR before you may return the unused part. No part will be accepted by SwMR without an RMA number. Any parts being returned to SwMR as restock must be returned within 15 business days from initial shipment date.
The following restock charges will apply: Unopened: 20% Opened: 30%
Buyer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to Seller, at SwMR’s discretion. Credit card payments will be charged an additional 3% transaction fee. Payment due dates are based off of the day the part leaves SwMR’s facility. Past due accounts are subject to a service charge of 10% per month. In the event that the unpaid balance goes to collections, Buyer will be assessed a collection fee due in addition to the original amount owed. This fee will be exactly 40% of the past due amount. If for any reason a check is returned for insufficient funds there will be a charge of $l50.00 per returned check. Should the need arise, Buyer will also be responsible for court costs, attorney’s fees and other reasonable costs associated with the liquidation of merchandise. After 30 days if payment is not received, there will be a fixed 1.5% monthly interest rate on any amounts due to SwMR for any parts and/or services provided. In any action to collect the sums due on this invoice, Customer consents to personal jurisdiction and venue Superior Court of California in and for the County of San Bernardino, and agrees to be liable for all costs and expenses of collection including reasonable attorney and expert fees.
Limitation of Liability
The parties agree that SwMR shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment, or the provision of medical services utilizing the Equipment. Furthermore, SwMR shall not be liable or responsible for any loss, damages or impairment to the Equipment that may occur during the de-installation, rigging, transportation, installation or ramp up of the Equipment, unless caused by SwMR’s gross negligence or willful misconduct. SwMR shall not be liable for any Equipment failures or malfunctions caused by Client’s failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall SwMR’s total liability in damages or otherwise exceed the total of the payments, if any, received by SwMR from Client for the services furnished or to be furnished pursuant to the Agreement. In no event shall SwMR be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. SwMR assumes no responsibility whatsoever for any matters relating to Equipment calibration and use. Client hereby agrees to hold harmless and defend through counsel of SwMR’s choice SwMR and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney’s fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. SwMR specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever.
All sales transactions are governed by California law. Any disputes arising out of or related to sales of equipment shall be brought exclusively in the state or federal courts located in Ontario, California. The parties consent and submit to personal jurisdiction and venue at Superior Court of California in and for the County of San Bernardino.
If SwMR is required to institute legal proceedings to collect any sums due as a result of sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys fees and costs incurred.