Total Health Supply

1st Source Medical Supply – Terms and Conditions

Payment for the Supplies. Seller’s terms of payment are NET 30 days. Any invoiced amount remaining unpaid after thirty (30) days, unless disputed in good faith, shall be deemed past due. Past due balances are subject to a service charge of one and on-half percent (1.5%) per month. When account exceeds approved credit limit, shipments will need to be prepaid.

Any order discrepancy must be reported to Seller for resolution within ten (10) days of the invoice date and any price discrepancy within ninety (90) days of the invoice date; otherwise. Seller shall have no obligation to issue any credit or to replace any goods with respect to the order.

Shipment, Risk of Loss and Title. All routine orders (and related backorders) shall be shipped F.O.B. Seller by a carrier selected by Seller. Emergency or rush orders are subject to added handling and/or transportation charges.

Return goods policy. All requests for return of Supplies must have a return authorization number issued by Seller’s sales representative. All returned Supplies must be in original packaging and in re-saleable condition. The amount of credit on any given return is based upon the following

Locally- stocked Supplies returned after thirty (30) day of invoice will be subject to a RE-STOCKING FEE.

Collection Costs. If it becomes necessary to take legal action to collect any sum due or to enforce any provision hereunder, 1st Source Medical Supply shall be entitled to receive all expenses of collection including, without limitation, reasonable attorney’s fees.

SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF ANY SUPPLIES OR THEIR FITNESS FOR ANY PARTICULAR USE OR PURPOSE. BUYERS SHALL LOOK TO THE MANUFACTURER OF SUPPLIES FOR ANY WARRANTY THEREON. NO AGENT, EMPLOYEE, OR REPRESENTATIVE OF SELLERS HAS ANY AUTHORITY TO TAKE ANY AFFIRMATION, REPRESENTATIVE, OR WARRANTY CONCERNING SUPPLIES NOT SE FORTH IN THIS AGREEMENT.

BUYER SHALL NOT HOLD SELLER LIABLE FOR ANY DEFECT IN SUPPLIES, REGARDLESS OF KIND, UNLESS SUCH DEFECT RESULTS FROM THE WILLFUL DEFAULT OR GROSS NEGLIGENCE OF SELLER. BUYER AGREES TO FILE SOLEY WITH THE MANUFACTURER OF SUPPLIES ANY CLAIM OR LAWSUIT ALLEGING LOSS, INJURY, DAMAGE OR DEATH ARISING OUT OF OR CAUSED BY THE USE, SALE, DISTRIBUTION, OR POSSESSION OF SUPPLIES.

NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS PROFITS) FROM ANY CAUSE, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY UNAVAILABILTY OF, DEFECT IN OR MISSHIPMENT OF SUPPLIES.

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