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Terms and Conditions

AverMed LLC: Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE

All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. These terms and conditions constitute a contract or agreement between Customer and AverMed LLC. Customer accepts these terms and conditions by making a purchase, placing an order on AverMed LLC website "Avermed.com" or by any other means. These terms and conditions are subject to change without prior notice, except those terms and conditions posted on the Site at the time Customer places or modifies an order, those terms will govern such order.

ORDER ACCEPTANCE POLICY

Your receipt of an e-mail of order confirmation does not signify our acceptance of your order, nor does it constitutes confirmation of our offer to sell. AverMed LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed over US$1000.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

ORDER PROCESS

Orders paid by credit card are thoroughly reviewed to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed this review your order is ready for shipment and you will receive a shipment confirmation. Credit card processing can take up to 3 business days (Depending on the accuracy of the information given to us by the customer). Further, for security reasons, voice confirmation may be required before we can process your credit card for payment.
When you pay your order using the PayPal the bank transfers usually take 3 - 4 days to clear.
NOTE: We do not charge your credit card until your order is shipped, however we do attempt to get an authorization on your card for the amount of your order at the time your order is placed. This authorization is not a charge but still may utilize a portion of your credit limit or available funds making those funds or portion of your credit limit unavailable for other use. In the event that your order is delayed or cancelled the authorization will expire and the funds will again become available for use. The amount of time it takes for an authorization it depends of the policy of the bank that issued your card and ranges from 1 to 7 business days.

TYPOGRAPHICAL ERRORS

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, AverMed LLC shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. AverMed LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, AverMed LLC shall immediately issue a credit to your credit card account in the amount of the charge.

PRICING AND AVAILABILITY DISCLAIMER

Prices are subject to change without prior notice. AverMed LLC reserves the right to make adjustments to the price of products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements.
All orders are subject to product availability. Therefore, AverMed cannot guarantee that will be able to fulfill your order.

INFORMATION PROVIDED

The information provided on this site is intended for your general knowledge of the products only and should not be used during any medical emergency or for diagnosis of any medical condition. Please consult a healthcare professional with any questions or concerns you may have regarding your condition. The Product specification is provided for information purposes only.

LIMITATION OF LIABILITY

In no event shall AverMed or any of its Directors Members or Employees be liable for any indirect, special, incidental or consequential damages, lost profits or any other damages of any kind from any cause including but not limited to damages caused by the use of, unavailability of products in this site or the performance or malfunction of the products even if AverMed or the supplier has been previously advised of the possibility of such damages.

SAFETY

AverMed has no control over the usage of any product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation and use of any product.

DELIVERY

AverMed will make every reasonable effort to effect shipment on the scheduled shipping date reflected on AverMed agreement or invoice, but such schedule may vary due to, among other things, conditions beyond AverMed reasonable control, including but not limited to the availability and receipt of all products. If no shipping date is specified, shipment will be made on date selected by AverMed
Note: AverMed will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

TITLE - RISK OF LOSS

If Customer provides AverMed with a carrier account number or selects a carrier other than a carrier that regularly ships for AverMed, title to products and risk of loss or damage during shipment passes from AverMed to Customer upon shipment from AverMed or supplier facility (FOB, Origin). For all other shipments, title to products and risk of loss or damage during shipment, passes from AverMed to Customer upon receipt by Customer (FOB, Destination).
Customer is responsible for all shipping and related charges.

EXPORT SALES

All products intended for shipment outside the United States involves an export under the Export Administration Regulations, the commodities, medical equipment sold or distributed under these terms and conditions of sale exported from the United States by AverMed were exported in accordance with the Export Administration Regulations. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, medical equipment sold or distributed under these terms and conditions of sale may not be exported to entities and persons that are ineligible under United States law to receive United States commodities, medical equipment.
In addition, manufacturers' warranties for exported products may vary or may be null void for products exported outside the United States. Please contact us for International Orders. Please include in your email or fax the part number for the product, your shipping method and shipping address.
We will only accept wire transfer in advance for International Orders. AverMed will not accept International Credit Cards without AVS (Address Verification Service). Customer is responsible for all border duties and fees.

WARRANTIES

Customer understands that AverMed LLC is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not AverMed. In purchasing the products, Customer is relying on the manufacturer specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by AverMed.
AVERMED HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

ORDERS - PAYMENT - TAXES

Orders are not binding upon AverMed until accepted by AverMed. Terms of payment are within AverMed sole discretion. All orders must be prepaid in full, including freight and applicable taxes. Customer is responsible for, and will indemnify and hold AverMed harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, other applicable tax or fees are based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of AverMed costs of collection, including court costs, filing fees and attorney’s fees. Credit Cards - AverMed accept all major credit cards including, Visa, MasterCard, American Express, and Discover. There is no surcharge for using your credit card to make purchases with AverMed. Please be sure to provide your exact billing address and telephone number (the address and phone number your credit card bank has on file for you). Incorrect information may cause a delay in processing your order. Your credit card will be charged upon shipment of your order.

CHECK PAYMENT POLICY

AverMed will accept personal or business checks from our U.S. Customers for prepay orders, subject to verification. The order will not ship until the check is cleared. Allow 10 business days for clearing.

CHANGES AND CANCELLATIONS

Orders can be changed and cancelled within 24 hours without penalty. Orders shipped or completed by AverMed are not subject to change or cancellation by Customer except with AverMed written consent and upon payment of an appropriate charge to cover costs incurred by AverMed, which, unless otherwise agreed in writing shall be not less than twenty percent (20%) of the price of the product subject to charge or cancellation. There is no refund or credit after 30 days from the invoice date. Shipping charges are not refundable.

RETURN PRIVILEGES

Customer agrees to thoroughly and carefully inspect all products and shipping papers upon delivery. No claim for shortage or damaged goods will be valid or enforceable against us unless Customer complies with AverMed policy on returns All returns are subject to our return policy. Please read here for details. Failure to adhere to this policy may result in denial of any return.

DAMAGED PRODUCTS

If Customer receives damaged products; please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify AverMed immediately to arrange for a carrier inspection and a pick-up of damaged products. Please notify AverMed Customer Service of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for AverMed to file a damage claim.

TRADEMARKS

The trademarks, brand names and logos on this web site are registered trademarks, brand names or logos of their respective owners.  
 
COPYRIGHTS

All materials contained on this site its protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed or published without the prior written permission of Avermed, LLC. The logo in this site is registered logo of Avermed, LLC and may not be reproduced without a written authorization of Avermed, LLC.

 
NOTICE

AverMed may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AverMed.

GOVERNING LAW

This terms and conditions will be governed by the laws of the State of Florida (USA), without regards to conflicts of laws rules, any arbitration, enforcement of an arbitration or litigation will be brought in Miami-Dade County, Florida and customer consents to the jurisdiction of the State Courts located in Miami Dade county, Florida and submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

CONTACTING AVERMED

If you have a question about this Terms and Conditions please Contact Us

Last Update: August 22, 2010