If you make a purchase from Medicore Medical, you are agreeing to the terms and conditions as laid out below. Any device sold by Medicore Medical is referred to as EQUIPMENT. The entity purchasing equipment is the PURCHASER.
1.) Title/Risk of Loss: Purchaser shall pay shipping costs for the Equipment, but MEDICORE MEDICAL shall be responsible for the packaging, shipping and safe delivery of the Equipment and shall bear all risk of damage or loss until the Equipment is delivered to the Purchaser’s address, as evidenced by a signed delivery receipt from the carrier.
2.) Payment: Payment shall be made by bank wire or check sent to Medicore Medical, 111 Joe Wimberley Blvd Suite 1304, Wimberley TX 78676. Terms of payment are 50% deposit when placing the order and 50% final payment before shipment of the device. Payment in full shall be made before Equipment will be shipped. Payment may also be made through a financing company though MEDICORE MEDICAL reserves the right to accept or decline a financing company.
In addition to any other remedy provided by law, if the Purchaser fails to pay for the Equipment when due or payment is reversed by the Purchaser, MEDICORE MEDICAL has the option to seek legal remedies.
3.) Delivery Time: MEDICORE MEDICAL normally ships equipment via Fed Ex to the Purchaser within 4 weeks of receiving both payment in full and confirmation of shipping address. However, any shipment quotation or forecast on the Order Form or any other Order acknowledgment is only an estimate of the time required to make shipment and MEDICORE MEDICAL assumes no liability, whatsoever due to any shipping delay or failure to deliver all or any part of any order for any reason, including its MEDICORE MEDICAL’s negligence.
4.) Accuracy of Information, Orders, Pricing and Payment Terms: MEDICORE MEDICAL seeks to provide current and accurate billing information. However, misprints or other errors may occur. In such event, MEDICORE MEDICAL reserves the right to reject, correct, cancel, or terminate any order. Terms of payment are within MEDICORE MEDICAL’s sole discretion.
5.) Payment of Taxes. Buyer agrees to pay all federal, state, and local taxes of every kind that arise as a result of this sale, with the sole exception of income taxes.
6) Defective Equipment Warranty: Medicore Medical products are warranted against any defective material or workmanship for a period stated on the invoice and starting from date of shipment. Any product determined by Medicore Medical to be defective will be repaired or replaced in whole or part as determined by the manufacturer, but no labor costs or other claims for damages will be allowed. Products shall not be returned without prior written authorization.
7.) Equipment Condition Warranty: MEDICORE MEDICAL warrants that the Equipment shall be free of substantive defects in materials and workmanship and shall arrive to the Purchaser in new or as-new condition.
MEDICORE MEDICAL SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF MEDICORE MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.) Equipment Use, Warranties: MEDICORE MEDICAL is selling the Equipment to Purchaser “AS IS” AND MAKES NO WARRANTIES (AND EXPRESSLY DISCLAIMS) ANY OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
9.) Inspection: Purchaser, upon receiving possession of the Equipment, shall have 3 working days after receipt to inspect the Equipment for defects. If the Purchaser, in good faith, determines that the Equipment is defective, then the Purchaser may return the Equipment to MEDICORE MEDICAL at Purchaser’s expense. Purchaser must provide written notice to MEDICORE MEDICAL of the reason for rejecting the Equipment and send such notice to email@example.com within 5 working days of receipt of the Equipment. If no notice of defect is sent to MEDICORE MEDICAL within 5 days of receipt at the email address above, then the Purchaser will be deemed to have accepted the Equipment. MEDICORE MEDICAL will have 30 days from the return of the Equipment to remedy any defects to the Equipment.
10.) Sale Is Final: MEDICORE MEDICAL does not offer refunds in any case and shall have no obligation to accept returns after the Equipment has been accepted by the Purchaser.
11.) Limitation of Liability.
MEDICORE MEDICAL MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING USE OF THE IRIS Q. IN NO EVENT WILL MEDICORE MEDICAL OR ITS OWNERS, EMPLOYEES OR AGENTS BE LIABLE TO PURCHASER FOR CHARGEBACKS, REVERSALS, AUDITS, OR OTHER CLAIMS AGAINST PURCHASER BY THIRD PARTIES FOR REIMBURSEMENTS PREVIOUSLY MADE TO PURCHASER, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION)), EVEN IF THE CLAIM WAS REASONABLY FORESEEABLE OR IF MEDICORE MEDICAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL MEDICORE MEDICAL OR ITS AGENTS’ AGGREGATE LIABILITY UNDER ANY AND ALL CLAIMS BY THE PURCHASER ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID TO MEDICORE MEDICAL BY PURCHASER UNDER THIS AGREEMENT. NO ACTION OR CLAIM RELATING TO THIS AGREEMENT OR THE EQUIPMENT RENTED HEREUNDER MAY BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM.
It is the responsibility of the Customer (and, it is not the responsibility of MEDICORE MEDICAL) to investigate, learn, abide by, and ensure compliance with all local, state, federal, and regulatory-board laws, regulations, or other legal requirements related to the Equipment, including without limitation pertaining to owning, using, operating, billing registering or licensing the Equipment.
IRIS-Q Disclaimer: THE IRIS-Q IS NOT A MEDICAL DEVICE. HUMAN SKIN TEMPERATURE IS AFFECTED BY A WIDE NUMBER OF ENVIRONMENTAL AND PHYSIOLOGICAL FACTORS. AN ELEVATED FACIAL SKIN TEMPERATURE MAY SIGNIFY A RAISED BODY CORE TEMPERATURE; CORRESPONDINGLY, AN ELEVATED CORE TEMPERATURE MAY NOT BE ACCOMPANIED BY A RAISED FACIAL SKIN TEMPERATURE. THE IRIS-Q SYSTEM MUST BE OPERATED STRICTLY IN ACCORDANCE WITH THE MANUFACTURER’S OPERATION MANUAL. THE OPERATOR MUST SET THE TEMPERATURE ALERT LEVEL. THE IRIS-Q SYSTEM IS NOT INTENDED NOR DESIGNED TO DIAGNOSE OR DETECT MEDICAL CONDITIONS INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER ILLNESSES. THE IRIS-Q THERMAL IMAGING SYSTEM SHOULD ONLY BE USED TO DETECT VARIATIONS IN SURFACE TEMPERATURE. IN THE EVENT THAT AN ELEVATED SKIN TEMPERATURE IS DETECTED, THE SUBJECT SHOULD BE ADVISED TO CHECK TEMPERATURE WITH AN APPROVED MEDICAL THERMOMETER AND THE FINDING CONFIRMED. ABSENCE OF AN ELEVATED SKIN TEMPERATURE DOES NOT EXCLUDE A FEVER.
Reverse Engineering: Purchaser agrees they will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the IRIS-Q technology or permit or induce the foregoing. Purchaser will not reverse engineer, disassemble or otherwise attempt to derive the hardware, techniques, processes, know-how or other information from the hardware portion of the IRIS-Q technology or permit or induce the foregoing.
Confidential Information. Any and all information provided to Purchaser by MEDICORE MEDICAL with respect to the Equipment, software, documentation, training and services rendered under this sale of Equipment is acknowledged by Purchaser to be confidential and proprietary information. Any and all such information shall be held in confidence by Purchaser and used only the Purchasers own use. No such confidential and proprietary information, including all copies of such information, shall be released by Purchaser or Purchaser’s agents or employees to the public or any other third party.
Governing Law/Exclusive Venue. These Terms and Conditions will be governed and interpreted in accordance with the laws of the United States and the State of Texas, without giving effect to principles of conflicts of law. The parties agree that the sole and exclusive venue for any suit or other proceeding to resolve any dispute or controversy arising from this Agreement, or related to the Equipment, shall be in a court of competent jurisdiction in Comal County, Texas.
Severability. In the event that any provision of this Agreement shall be construed to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not be deemed to affect the remaining provision(s) and this Agreement shall be construed and enforced as if such invalid or unenforceable provision(s) had never been included herein.
No Waiver. The failure of MEDICORE MEDICAL, at any time or for any period of time, to enforce any provision(s) of this Agreement shall not constitute a waiver of such provision(s) or of the right of MEDICORE MEDICAL to thereafter enforce each and every provision of this Agreement.
Entire Agreement. This Agreement contains the full and complete understanding of the Parties as to the subject matter hereof and may not be altered or modified, except by written amendment which expressly refers to this Agreement and which is duly executed by both Parties.
The Purchaser expressly agrees that this Agreement supersedes all prior or contemporaneous proposals, and all other oral or written understandings, representations, conditions, and other communications.