Terms and Conditions

Welcome to Med-Surge, Inc.  By using this website, you are agreeing to comply with and be bound by the following terms and conditions of use. Together with our privacy policy, the terms and conditions govern Med-Surge, Inc. relationship with you.  These Terms are subject to change from time to time.  If you disagree with any part of these terms and conditions, please do not use our website. The term ‘Med-Surge, Inc.  or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2 Maplewood Rd., Medfield, MA. The term ‘you’ refers to the user or viewer of our website.

Typographical Errors

If a product is mistakenly listed at an incorrect price, Med-Surge, Inc.  reserves the right to cancel or refuse the order. If your credit card has already been charged for the purchase and your order is cancelled, Med-Surge, Inc.  will refund the full amount paid back to your account. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Med-Surge, Inc., its officers, directors, employees, agents, licensors and suppliers (“Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

Med-Surge, Inc. may link to sites operated by third parties for your convenience.  Med-Surge, Inc. has no control over these linked sites and therefore you access them at your own risk. We seek to protect the integrity of our site and welcome any feedback about these linked sites.

Termination

These terms and conditions are applicable to you upon your accessing this site or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Med-Surge, Inc.  without notice at any time, for any reason. Provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Massachusetts, USA, without giving effect to the conflict of law provision thereof. The parties hereby disclaim the applicability of the 1980 U.N Convention on the International Sale of Goods.

Arbitration

In any claim arising under these terms and conditions, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs. Any controversy or claim arising under this agreement that cannot be resolved by the parties themselves must be settled exclusively by binding arbitration in Norfolk County, MA, according to the Commercial Arbitration Rules of The American Arbitration Association and the laws of the State of Massachusetts. Any award will be in writing and will be final and binding on the parties and judgment may be entered on it in any court of competent jurisdiction.

Copyright

The content in this site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Med-Surge, Inc.  Permission is granted to electronically copy and print portions of this site for purpose of purchasing with Med-Surge, Inc.  and only for non-commercial use. Any other use of this site is strictly prohibited, unless authorized by Med-Surge, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Limitation of Liability

Med-Surge, Inc.  shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Med-Surge, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

Force Majeure

Seller shall not be liable for any loss, delay or failure to perform resulting from any force, majeure event, including but not limited to Acts of God, fire, natural disaster, labor stoppage, fuel shortages, government intervention, war or military hostilities, inability of carriers to make scheduled deliveries, manufacturing delays or any act beyond the reasonable control of the Seller. Any delivery date may be extended, at Seller’s option, to the extent of any delay resulting from any force majeure event.

Waiver

No waiver of any breach of any provision of these terms and conditions shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Warranty Disclaimer

Specific warranty depends upon manufacturer of product. Warranty on some products is included with description. Most products are warranted for at least one year. Please contact us regarding specific warranty information.

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