TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY ; TERMS : the "Terms" or the "Agreement" . THESE TERMS GOVERN THE LEGAL RELATIONSHIP FORMED BETWEEN RESTORED MEDICAL DEVICES AND YOU. YOUR USE OF THE WEBSITE WWW.RESTOREDMEDICALDEVICES.COM (the "Website") OR THE PLACEMENT OF AN ORDER WITH RESTORED MEDICALDEVICES VIA ELECTRONIC OR NON-ELECTRONIC MEDIUMS IS AN ACKNOWLEDGEMENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND ARE HERE BY AGREEING TO BE BOUND BY SUCH TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT YOU MUST NOT PLACE AN ORDER FOR ANY PRODUCT, RESTORED MEDICAL DEVICES, AND YOU MUST DISCONTINUE USING THE WEBSITE IMMEDIATELY.
1. Parties. This Agreement is entered into between RESTORED MEDICAL DEVICES, and each such individual or entity that 1) uses the Website, or 2) places an order with RESTORED MEDICAL DEVICES, via electronic or non-electronic mediums (referred to herein as "You" or "Your") (You and RESTORED MEDICALDEVICES are sometimes collectively referred to as the "Parties," each a "Party"). The Agreement is entered into the moment You use the Website.
2. Products; Prices and Purchase Orders. RESTORED MEDICAL DEVICES, lists the medical and industrial products it offers for sale (the "Products") the products that are presented on the website of (restoredmedicaldevices.com) are not the actual equipment. The images presented are merely illustrative and the real equipment may have bumps or scratches because they are (devices or equipment) restored not new the digital catalogue on the Website. You understand and acknowledge that the Products are refurbished-not new.
RESTORED MEDICAL DEVICES, offers the Products to You in "As-Is" condition, subject to the terms and conditions set forth below regarding applicable guarantees, warranties, and shipping and returns policies. The prices for the Products are listed on the Website and may include additional itemized charges imposed for applicable taxes, shipping and handling, and other fees as RESTORED MEDICAL DEVICES, may include in its sole discretion. You indicate to RESTORED MEDICAL DEVICES, which Products You wish to purchase by selecting the specific Products You desire and choosing to add those items to Your electronic cart (the "Purchase Order"). Prior to checkout, all the Products in Your Purchase Order, their respective prices, any applicable fees and other charges, and the total amount to be paid upon checkout (the "Order Total") will be displayed for You. Prior to checkout You may make changes to the Purchase Order by removing Products in the Purchase Order or adding additional Products to the Purchase Order. By submitting Your payment information and shipping information at checkout and clicking on the "Place Order" button (or other similar such button), You acknowledge that Your Purchase Order is final and cannot be modified without the express written consent of RESTORED MEDICAL DEVICES, and You agree to pay the full amount of the Order Total to RESTORED MEDICAL DEVICES. Hence, it is Your sole responsibility to ensure that Your Purchase Order is correct prior to checkout.
3. Express Warranty; Extended Express Warranty. Except for the Exclusions identified below, RESTORED MEDICAL DEVICES, guarantees all Products You purchase on the Website shall operate according to the Products' respective original specifications, and RESTORED MEDICAL DEVICES, warrants all such Products against substantial defects in materials and workmanship, and against actual and direct damage as a result of some accidents (the "Scope of Warranty"), for a period of one (1) year beginning on the date of Your Purchase Order, unless otherwise specified (the "Warranty"). As an optional and additional add-on purchase, You may purchase extended warranty coverage (the "Extended Warranty"), which shall replace the Warranty and offer warranty protection for 720 days from the Purchase Order date. Notwithstanding, Warranty Claims (defined in Section 3.2 below) can only be made after the expiration of the applicable Return Period (defined in Section 5 below). By submitting a Warranty Claim, You will be expressly deemed to have forfeited and waived any claim for a refund that You may have had pursuant to Section 5 of this Agreement, by statute, or by common law. In the event an unforeseen delay postpones delivery of a purchased Product by greater than 30 days from the Purchase Order date, the Warranty coverage period will commence on the day of delivery of the applicable Product.
3.1. Damages caused by improper installation or use, removal or disposal of the Product, or damage to a Product while it is being serviced;
3.2. Damages caused by (a) another physical or electronic item, substance, or chemical that is not the Product, (b) abuse or misuse, (c) liquid contact as a result of natural phenomenon, fire, earthquake or other external cause, (d) operating the Product outside the permitted or intended uses described by the manufacturer, or (e) service (including upgrades and expansions) performed by anyone who is not a representative of RESTORED MEDICAL DEVICES, or an RESTORED MEDICAL DEVICES, Authorized Service Provider (as identified by RESTORED MEDICAL DEVICES). 3.3 Damages to a Product with a serial number that has been altered, defaced or removed, or to a Product that has been modified to alter its functionality or capability without the written permission of the manufacturer; 3.4 Intentional damage or destruction of the Product;
3.5 Damages caused to the Product by a third-party carrier shipping the Product to or from RESTORED MEDICAL DEVICES'S facilities;3.6 Damages to a Product that has been lost, stolen, or transferred to a third-party (i.e. the Warranty and Extended Warranty apply only to Products that are returned to RESTORED MEDICAL DEVICES, by the original purchaser);3.6 Damages to a Product that has been lost, stolen, or transferred to a third-party (i.e. the Warranty and Extended Warranty apply only to Products that are returned to RESTORED MEDICAL DEVICES, by the original purchaser);
3.6 Damages to a Product that has been lost, stolen, or transferred to a third-party (i.e. the Warranty and Extended Warranty apply only to Products that are returned to RESTORED MEDICAL DEVICES, by the original purchaser); 3.7 Cosmetic damage to the Product, including, but not limited to, scratches, dents and broken plastic on ports; 3.8 Consumable parts, such as batteries, lightbulbs, or disposable accessories; 3.9 Preventative maintenance on or for the Product; and 3.10 Loss of profits or revenue as a direct or indirect result of loss or interrupted use of the Product. 3.11 All other damages that are neither defects in material and workmanship nor the actual and direct result of an accident.
3. A. Warranty Claim. The Warranty and Extended Warranty coverage protects the value of Your Product up to the amount You paid for that particular Product only. To make a valid claim under the Warranty or Extended Warranty (a "Warranty Claim"), You must submit the Warranty Claim through the Website on or before the expiration date of the applicable Warranty or Extended Warranty. A Warranty Claim submitted after the expiration of the applicable Warranty period need not be honored by RESTORED MEDICAL DEVICES,, which determination shall be at RESTORED MEDICAL DEVICES'S sole and exclusive discretion. Upon receipt of a timely Warranty Claim, RESTORED MEDICAL DEVICES, or its agents may require that You furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow additional procedures for obtaining warranty service. At RESTORED MEDICAL DEVICES'S sole and exclusive discretion it may determine whether Your Product will be repaired or whether the purchase price for the Product will be refunded, which determination may be changed at any time.
Except in the event that RESTORED MEDICAL DEVICES, is unable to repair the Product by a period of 90 days after the expiration of the applicable Warranty or Extended Warranty period, RESTORED MEDICAL DEVICES, will not be under any obligation to refund the purchase price of the Product if in RESTORED MEDICAL DEVICES'S sole and exclusive discretion it determines that it will repair the Product.. Depending on the condition of the Product, RESTORED MEDICAL DEVICES may determine that the Product needs to be sent to one of RESTORED MEDICAL DEVICES'S facilities for service and/or repair. Once RESTORED MEDICAL DEVICES, determines that a repair made under the Warranty Claim is sufficient to discharge its Warranty obligations, the Warranty Claim will be considered resolved and closed at the time the Product is delivered to the carrier to ship to You. Any further Warranty Claims must be submitted using the same procedure as a new Warranty Claim unless RESTORED MEDICAL DEVICES, otherwise provides its express written consent to re-open a Warranty Claim.
3.B. Your Responsibilities. To facilitate a valid Warranty Claim, You must comply with the following, the failure of which may void Your Warranty Claim in RESTORED MEDICAL DEVICES'S sole and exclusive discretion: 3.B.1 IN THE EVENT,RESTORED MEDICAL DEVICES, REQUIRES ., PRODUCT TO BE SENT TO ONE OF ITS FACILITIES FOR SERVICE AND/OR REPAIR, IT IS YOUR RESPONSIBILITY TO ENSURE PROPER PACKING FOR SHIPMENT. IF THE PRODUCT IS DAMAGED IN TRANSIT TO RESTORED MEDICAL DEVICES, THE WARRANTY CLAIM WILL BE VOID, AND YOU WILL NEED TO SUBMIT A CLAIM FOR REIMBURSEMENT THROUGH THE CARRIER YOU USED TO SHIP THE PRODUCT; 3.B.2 IF APPLICABLE, YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE PRODUCT'S INFORMATION STORAGE MEDIA TO PROTECT THE CONTENTS THEREIN AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES. YOU MUST ALSO REMOVE FROM THE PRODUCT ALL PERSONAL INFORMATION THAT YOU WISH TO PROTECT. DURING WARRANTY SERVICE THE CONTENTS OF THE PRODUCT'S INFORMATION STORAGE MEDIA WILL BE DELETED AND REFORMATTED. YOU AGREE THAT ( RESTORED MEDICAL DEVICES ) AND ITS AGENTS SHALL NOT BE HELD RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA, OR OTHER INFORMATION, PERSONAL, PROPRIETARY, OR OTHERWISE, CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE ITEM SERVICED; and 3.B.3 You must disable all security passwords for the Product to enable ( RESTORED MEDICAL DEVICES ) to service and/or repair the Product. 4. Waiver of Implied Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES DESCRIBED UNDER THIS AGREEMENT, YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL OTHER GUARANTEES, AND EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
5. Returns. RESTORED MEDICAL DEVICES, shall permit You to return a Product (excluding disposable supplies and parts) to RESTORED MEDICAL DEVICES, in exchange for a full refund for any reason if such request for a refund is received by RESTORED MEDICAL DEVICES, within the 14-day period beginning on the date the Product was originally delivered to You (the "Return Period"), unless a shorter or longer Return Period is otherwise specified on the individual Product's page on the Website at the time of purchase. If You decide to make a Warranty Claim instead of a request for a refund pursuant to this Section, you will be deemed to have forfeited and waived any right to request a full refund pursuant to this Section, even if You previously made a timely request for a refund pursuant to this Section. ( RESTORED MEDICAL DEVICES ), shall have no obligation to refund You for any attempted returns outside the applicable Return Period. To return a Product or Purchase Order in full, You must contact RESTORED MEDICAL DEVICES'S support team to obtain a Return Ticket Authorization Number (the "Ticket Number") www.restoredmedicaldevices.com/en-us/contacto prior to returning any Products. Products returned without a proper Ticket Number will be returned to You without refund, and the Return Period shall not be extended. Upon receiving the Ticket Number, the returning Product must enter return transit via the contracted third-party carrier within seven (7) days. Until ( RESTORED MEDICAL DEVICES ) is in receipt of the Product being returned,
(RESTORED MEDICAL DEVICES ) shall have no obligation to process a refund for the Product, and if the Product is never received by ( RESTORED MEDICAL DEVICES ), no refund shall be due to You. IT IS YOUR RESPONSIBILITY TO ENSURE PROPER PACKING AND SAFE TRANSIT AND TRACKING OF THE PRODUCT TO THE DESIGNATED, ( RESTORED MEDICAL DEVICES ) FACILITY FOR RETURNS. Notwithstanding the above, in the event a Product is returned to RESTORED MEDICAL DEVICES, in a condition different from the condition of the Product when RESTORED MEDICAL DEVICES, delivered it to You, RESTORED MEDICAL DEVICES may contact You to investigate Your use of the Product, and ( RESTORED MEDICAL DEVICES ) may in its sole discretion return the Product to You and provide no refund or keep the Product and provide You with a refund commensurate with the value of the Product at the time of its return (which may be $0 if the Product is severely damaged), which value ( RESTORED MEDICAL DEVICES ) shall determine in its sole discretion. If a full or partial return is processed, RESTORED MEDICAL DEVICES shall refund the amount using the payment method You used when purchasing the Product. If more than one payment method was utilized, ( RESTORED MEDICAL DEVICES ) may refund the payment to one or both methods used. International buyers may be required to pay for, or compensate ( RESTORED MEDICAL DEVICES ) for, return shipping, customs fees, duties, and other applicable fees incurred in the return.
6. Shipping Damage. ( RESTORED MEDICAL DEVICES ), contracts with a third-party courier to deliver Your Products. Upon delivery, the courier may require a signature from someone over the age of 18 year to accept delivery. Although shipping damage is exceptionally rare, if the shipping container for the Product is severely damaged or if the contents therein are broken or otherwise harmed, do not sign for or accept the shipment; rather, take photographs of the damaged container and/or Product(s) sufficient to establish that the damage was caused during shipment and not by You or Your mishandling of the Products and contact RESTORED MEDICAL DEVICES'S support staff immediately (contact information below) to provide such photographs to ( RESTORED MEDICAL DEVICES ). As stated above, Products damaged during shipment are not eligible for a Warranty Claim, but may be eligible to be reimbursed by an insurance claim through the shipping courier. You agree to cooperate promptly with RESTORED MEDICAL DEVICES to submit an insurance claim through the shipping courier.
7. Customer Support. RESTORED MEDICAL DEVICES may, in its sole discretion, offer remote customer support channels to You for help with purchases, requests regarding returns and warranty claims, and general troubleshooting. The following support channels may be utilized for customer support.
(Email: SALE@RESTOREDMEDICALDEVICES.COM
Telephone: +1 (720) 885-3234 only text message
Web Chat: https://restoredmedicaldevices.com/contac )
Availability: Monday-Friday from 7:30am to 5:30pm (Central Time)If You attempt to contact (RESTORED MEDICAL DEVICES) through an alternative channel, You may not receive a response. RESTORED MEDICAL DEVICES, reserves the right to discontinue support or refuse service to You if You exhibit aggressive, harassing, discriminatory, or other inappropriate behavior through ( RESTORED MEDICAL DEVICES'S) available support channels. In certain cases, RESTORED MEDICAL DEVICES may protect the identity of its support agents or team members by using aliases, nicknames, or other filters in order to comply with privacy laws.
8. Attorney Fees and Costs. Should ( RESTORED MEDICAL DEVICES ) be determined to be the prevailing Party in any arbitration, litigation or other action arising from or related to this Agreement, then (RESTORED MEDICAL DEVICES ) shall be awarded its reasonable attorneys' fees and costs, including, but not limited to, the cost of collection, to be paid by You.
9. Survival of Terms. Any and all provisions of this Agreement that would reasonably be expected to be performed after the termination or expiration of this Agreement shall survive and shall be enforceable after such termination or expiration including, without limitation, provisions relating to ownership, indemnification, limitation of liability, and governing law.
TERMS AND CONDITIONS JANUARY, 01 2022 ( @ )