OHIO MEDICAL

Terms and Conditions of Sale

  1. QUOTATIONS: All prices quoted shall be effective for ninety-days only and are subject to change thereafter without notice. The Buyer’s issuance of an order in response to Company’s quotation shall be deemed an acceptance of the terms and conditions of sale herein. All orders subject to acceptance by our Office 
  2. TERMS:  Payment terms for custom fabricated equipment unless otherwise expressly agreed shall be 1/3 down with order and the balance payable net 30 days from the date of invoice. All other purchases are subject to terms of net 30. Invoices shall be dated on the day of shipment and are payable on the face of invoice on approved credit payable in U.S. Dollars. All orders are subject to credit approval.
    Ohio Medical shall have the right to collect reasonable expenses, including attorneys fees incurred in enforcing the collection of any amount due. No retention allowed.
    There will be a $50.00 charge incurred for all NSF checks returned.
    No final lien release given until payment in full is received, nor partial lien release without a payment.
  3. CANCELLATIONS: A written, signed purchase order is required for any fabricated product. Cancellation, waiver or alteration of the purchase order can be only made with the written consent of Ohio Medical  and are subject to the following cancellation charges of -30% of purchase price after design completion and submittal approval Additional charges will be added to cover non-recoverable costs and/or the amount of any fabrication
  4. RETURNS: Merchandise returned without specific written authorization from Ohio Medical will not be accepted. We will not be responsible for any transportation or other charges resulting from disregarding this clause. All items to be returned must have a Return Material Authorization (RMA) number. To be considered for credit, these items must be in original new condition. Items that are damaged or special ordered shall not be accepted for return and no credit will be issued.USA/Canada: Requests for RMA’s must be made within 30 days of original shipment to the Buyer. A 25% restocking charge applies to these returns. A 50% restocking fee for over 30 days (up till 4 months [120 days] after original shipment). After this time­­ no returns will be credited. Returned items must be shipped prepaid within 30 days of the RMA date. No credit will be provided for custom hoses or any equipment which has been manufacture discontinued.
    Outside USA/Canada:   Requests for RMA’s must be made within 60 days of original shipment to the Buyer. A 25% restocking charge applies to these returns. A 50% restocking fee for over 60 days (up till 4 months [120 days] after original shipment). After this time no returns will be credited. Returned items must be shipped prepaid within 30 days of the RMA date. No credit will be provided for custom hoses or any equipment which has been manufacture discontinued. 
  5. DELAYS: Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such delay, if such delay is directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, civil unrest, acts of God, war, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other causes beyond its control.
  6. SHIPPING CLAIMS & BREAKAGE We do not assume responsibility for loss, damage or breakage in transit. Carriers are responsible for goods lost or damaged in transit; therefore as requires in rule 3 of Uniform Bill of Lading, in case of loss or damage enroute, consignee must immediately notify the transportation agent of destination, in writing, in order to substantiate formal claim when presented. 
  7. DEFECTIVE GOODS CLAIMS: Claims for shortages or defects must be made with in 10 days of receipt of shipment.
    All our products are carefully inspected, and where possible, tested before shipment. If goods appear to be defective advise us immediately and the matter will be investigated promptly. If we find the defect to be due to faulty material or workmanship, the goods will, at our option be credited, repaired or replaced. We assume no responsibility for damages occasioned by defective goods. We will also not assume any expense in repairing defective goods unless our written consent has first been obtained. 
  8. WARRANTY: Please refer to the appropriate warranty issued with and for the specific product purchased. NO WARRANTY MADE AS TO THE PRODUCT PURCHASED, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE IS MADE UNLESS THE SAME IS SET FORTH IN THE WARRANTY STATEMENTS HEREIN ABOVE REFFERED TO AND WHICH ARE MADE AND RELATE TO THE SPECIFIC PRODUCT PURCHASED. 
  9. CORRECTIONS: In all cases, clerical and or typographical errors are subject to correction. 
  10. Delivery:  Unless otherwise expressly agreed, all shipments are made strictly F.O.B. Manufacturer’s Factory COLLECT. Since prices are quoted Manufacturer’s Factory a pro-rated bulk charge from their factory to our warehouse may be added to the freight charge. Unless route and carrier are specifically stated, we reserve the right to route shipments at our discretion. 
  11. TAX: The amount of any sales, processing, or other tax, federal or state, now in effect or hereafter imposed, which the manufacturer (seller) is or shall become obligated to pay, either on his own behalf or on the behalf of the purchaser, or otherwise with respect to material covered by this quotation (order) (contract) and any increase in the manufacturer’s (seller’s) cost attributed to compliance with any code, agreement or license approved, prescribed or issued pursuant to the terms of any Federal, State or local acts, shall (unless such prices are expressly stated to be inclusive of such tax or increased costs) be added to the prices contained herein and paid by the purchaser in the same manner and with the same effects as if originally added hereto. 
  12. SALES TAX: The Company’s charges do not include sales, use, excise or similar taxes. Consequently, in addition to the charges specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale, repair, inspection, maintenance, modification, or use of the equipment shall be paid by the Buyer, or in lieu thereof the Buyer shall provide the Company with a tax exemption certificate acceptable to the taxing authorities. 
  13. START-UP ASSISTANCE: Ohio Medical will provide start-up assistance as specified in the quotation. Four weeks notification is required. Start-ups are scheduled during normal business hours (Monday through Friday from 8:00am till 4:30pm). Start-up outside of these parameters will incur additional charges. 
  14. EQUAL OPPORTUNITY: We hereby certify that with the respect to the production of the article, and/or performance of the services covered by this order or invoice, the Seller has fully complied with all applicable requirements of Sections 6,7 and 12 of the Fair Labor Standards Act, as amended, and all requirements of the U.S Department of Labor issued under Section 14 thereof. 
  15. GENERAL: Buyer’s obligation shall be governed by, and construed in accordance with, the internal laws of the State of Illinois, without regard to principle of conflicts of law. Buyer hereby irrevocably agree that all disputes arising out of or relating to these terms and conditions or the goods sold hereunder that cannot be resolved by the parties shall be resolved only by the State or Federal courts located in Lake County, Illinois. Buyer hereby consents and submits to the exclusive jurisdiction and venue of such State and Federal courts and waives any objection or right to contest said jurisdiction or venue or that any such action or proceeding was brought in an inconvenient court. It is agreed that either party may communicate with the other by electronic means. Each party agrees when electronic communications are used, they are deemed to be the equivalent of written and signed documents.
  16. MINIMUM BILLING: A minimum billing charge of $50 will apply to all Ohio Medical orders and $25 for all Amvex orders.
  17. CONTROLLING PROVISIONS: These terms and conditions shall take the place of as well as supersede any provisions, terms, and conditions contained on any confirmation order, purchase order, or any other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof. THE SELLER WILL NOT ACCEPT ANY TERMS OR CONDITIONS ATTACHED TO ANY CONFIRMATION ORDER, PURCHASE ORDER, OR ANY OTHER WRITING THAT BUYER MAY GIVE EXCEPT THOSE THAT SELLER EXPRESSLY AGREES TO IN WRITING. The issuance of any such order by the seller shall be deemed to note Buyers assent not only to this paragraph but also to each and every paragraph of this document and this order may not be changed or modified orally.

550120 Rev 6 (10/2012)