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Dove Medical Supply LLC Terms and Conditions

Acceptance

Orders from a customer (“Customer”) are subject to acceptance by Dove Medical Supply LLC (“DMS”). Acceptance by Customer of any goods from DMS shall constitute acceptance of these terms and conditions. No terms and conditions appearing in Customer’s order that are in variance with or contrary to DMS’s terms and conditions shall be binding upon DMS unless specifically agreed to in a writing signed by DMS.

Payment

Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account net thirty (30) days basis from the date of invoice. Late charges may be charged on past due accounts at the rate of the lower of one and a half percent (1.5%) per month or the highest rate permitted by law. All payments shall be made in United States dollars and may be made by check, wire transfer, Visa, MasterCard or American Express. A Twenty-Five Dollar ($25.00) fee will be assessed for each returned check. DMS may suspend shipment of Products to Customers who are not credit worthy or whose accounts are past due, at no liability to DMS. Due to manufacturers’ price increases or decreases or other events outside of DMS’s reasonable control, pricing is subject to change without prior notification. Customer is responsible for all federal, state or local sales, use or excise tax imposed with respect to the Products. Tax exempt customers are required to provide DMS with a current tax exempt certificate and keep a current copy on file with DMS.

Delivery and Associated Charges

DMS will use its reasonable efforts to deliver Products on or before the estimated delivery date, but shall not be liable in damages or otherwise for failure to do so, regardless of the cause. All backordered items will be shipped immediately upon receipt from DMS’s supplier. DMS reserves the right to cancel any item from Customer’s order if the item is not received within thirty (30) days from the date of the backorder. DMS has the sole right to select the form of transportation. Customer may request special transportation and DMS will make best effort to adhere to customer’s request. Shipment of Products per routine order to Customer and subsequent back orders related to the original shipment shall be shipped FOB Destination unless otherwise agreed to in writing by DMS, except for drop shipments which shall be shipped in accordance with the vendor’s shipping policies. The cost of shipment, if any, will be pre-paid by DMS and added to Customer’s invoice. Any freight charges for special handling or for shipments involving export sales are the responsibility of Customer and will be added to Customer’s invoice. Shipping charges are subject to change without notice. Customer shall pay all shipping charges on special order drop shipments. Furniture and large equipment is shipped to Customer’s dock. Additional charges will be applied for lift gate service, inside delivery, or set up. Certain products may be subject to different or additional shipping terms including those products described below:

Drop Shipped Products - Item is shipped directly from the manufacturer. Note: DMS will not add any mark-up to the manufacturers shipping charge.

Refrigerated and/or Frozen Shipments - Any item requiring refrigeration may be shipped separately from the rest of your order. Items are shipped on ice Monday through Wednesday only, and will arrive in two business days. Add Seven Dollars and Ninety-Five Cents ($7.95) per order to cover additional handling. Refrigerated items cannot be returned without permission from DMS and the manufacturer.

Hazardous Materials - The Department of Transportation has determined that this item requires special handling. Hazardous material charges are the responsibility of Customer and will be added to Customer's invoice.

Warranty

The warranties (if any) on the Products sold are only those of the manufacturer, assembler or packager of the Product, as stated in any warranty accompanying such Products, and Supplier makes no warranty, express or implied, with respect thereto.

Disclaimer

Dove Medical Supply LLC disclaims any responsibility whatsoever to customer or to any other person for injury to person or damage or loss of property or value caused by any product that has been subjected to misuse, negligence, or accident, or misapplied, or modified or repaired by unauthorized persons, or improperly installed.

Damaged Goods

All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, Customer should note the extent of the damage on the freight bill and contact DMS within 3 days of receipt. Claims for loss or damage in transit must be entered and prosecuted by Customer. DMS’s responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will DMS be held liable for any damages or expenses caused by delay in delivery.

Inspection/Returns; Shortages

Customer shall have five (5) days from the date of delivery to inspect the Products and to reject any or all Products which are defective or nonconforming. Products rejected shall be promptly returned to DMS at DMS’s expense; provided, however such Products are returned no later than twenty (20) days from invoice date. Credit will be given for incorrectly shipped, damaged, or defective products. In no event will DMS consider claims for damage or errors in shipment unless notice of such claims are transmitted to DMS within five (5) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the freight carrier in accordance with such carrier’s policies and procedures. All return freight charges for Products that are deemed to be not defective or nonconforming are the responsibility of Customer. All Product shortages must be reported to DMS Customer Service Department at 855.900.3683, within five (5) days of invoice date. The following Products have return restrictions or are not returnable and Customer should contact DMS Customer Relations for further information:
    • Diagnostic Test Kits
    • Discontinued Products
    • Drop Shipped or Special Order Products shipped from manufacturer
    • Expired Products
    • Hazardous/ORM Materials – call for details
    • Items Shipped on Ice or Dry Ice
    • Opened or Defaced Products
    • Used Equipment and/or Instrumentation

Limitation of Actions

No action, regardless of form, arising out of these terms and conditions may be commenced more than one (1) year after the cause of action has occurred, except an action for nonpayment.

Limitation of Liability

IN NO EVENT SHALL DMS BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) FROM ANY CAUSE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY UNAVAILABILITY OF, DEFECT IN, OR MISSHIPMENT OF PRODUCTS, REGARDLESS OF WHETHER DMS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIM OR DEMAND. DMS’S LIABILITY ON ANY CLAIM FOR LOSS, COST, DAMAGE, EXPENSE OR OTHER LIABILITY ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS, OR ANY OBLIGATION RESULTING THEREFROM, OR THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, SERVICE, OR USE OF ANY PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS LIABILITY ARISING FROM BREACH OF CONTRACT) SHALL IN NO CASE EXCEED THE PRICE OF SUCH PRODUCTS INVOLVED IN SUCH CLAIM.

Force Majeure

Neither party shall be responsible for non-performance or delays due to any causes beyond such party’s reasonable control, including but not limited to Acts of God, delays of vendors or carriers, strikes, terrorism, floods, fire, acts or demands of any government or governmental or regulatory agency or otherwise. Any party seeking to excuse or delay performance under this Section 12 will provide detailed written notice to the other party of the nature and anticipated duration of the delay. Any such delay shall effect a corresponding extension of DMS’s estimated delivery date.

Patent Infringement

In the event any Product hereby sold is used by the Customer in a manner causing unauthorized patent infringement, Customer shall hold harmless and indemnify DMS as to any and all damages and costs for which DMS may become liable because charged with contributing to or inducing such infringement.

Government Contracts

DMS shall not be bound by the terms of any government contracts to which Customer may be a party unless DMS has agreed, in writing, to such terms.

Entire Agreement

These terms and conditions, together with any agreement signed by DMS that these terms and conditions are attached to is the complete and exclusive statement of agreement between DMS and Customer and supersede all prior understandings and other communications between the parties relating to the Products. These terms and conditions are subject to change without prior notice. DMS is not responsible for typographical errors.