Welcome to Click Medical’s website. Click Medical, LLC (“Click Medical”) provides its Products to you (the “Buyer”) subject to the notices, terms, and conditions of this agreement (“Agreement"). We reserve the right to change this website and these terms and conditions at any time.
For a list and description of Products, see: https://www.clickmedical.co
1. Buyer as Reseller: Buyer understands that Click Medical only sells its Products to Buyers that are resellers who are responsible for collecting appropriate sales tax from such Buyers’ customers. Buyer affirms that Products purchased from Click Medical will be used for a patient product and Buyer is solely responsible for collecting appropriate sales tax.
2. Order Placement: All orders must be placed with a purchase order sent via email to: Orders@ClickMedical.Co
Upon receipt of the order, Click Medical will provide an order confirmation typically within one business day of receiving the purchase order.
3. Back Orders: Any unshipped order totaling $200.00 or more may be back ordered unless “no back order” is specified by Buyer in the order. All back orders of less than $200.00 may be canceled. All back orders may be canceled 60 days from the date the order is placed unless otherwise specified by Buyer in the order.
4. Cancellations/Reinstatements: Please call or email our customer service department for any cancellations or reinstatements Orders@ClickMedical.Co. Orders cancelled within 15 days of the scheduled ship date will be charged a 25% cancellation fee. Orders for products outside of our standard price list cannot be cancelled without written consent from Click Medical.
SHIPPING/ FREIGHT TERMS
Order placed on or before 3:00pm (MST) will typically be shipped within the same business day. Orders placed after 3:00 pm will typically be shipped the following business day. Shipping times are not guaranteed and are estimated. The buyer assumes all responsibility for shipping costs.
Domestic – FOB Destination
International – FCA Steamboat Springs, CO, 80487 USA
Click Medial may make partial shipments (with Buyer approval) with no penalty.
Subject to credit approval by Seller, payment must be made thirty (30) days from the date of invoice. Seller reserves the right to require payment for products or services in advance, cash on delivery and, at its sole discretion, elect to modify, limit, or cancel any payment terms extended to Buyer as to time, amount, of both. The quantity and price on Seller’s order acknowledgement form are given and accepted subject to limit of Buyer’s credit or the financial condition of the Buyer, determined at any time by Seller, affecting the whole or any unfilled portion of these Terms. Failure of Buyer to make timely payment after demand by Seller may, at the option of Seller, be deemed a breach of these Terms. Each shipment will be a separate and independent transaction and will be invoiced separately. Buyer will pay for each shipment separately and as invoiced. Seller reserves the right to add a monthly interest charge equal to fifteen percent (15%) annual simple interest on all late payments. Seller may accept partial payment in an amount less than the full amount of any invoice. The acceptance does not constitute a waiver of Seller’s right to collect the balance or an accord and satisfaction of the debt or debt(s) due and owing. If, at Seller’s sole discretion, the Buyer’s financial condition at any time does not justify continuance of production or shipment on the original terms of payment or upon default or breach of these Terms by Buyer, Seller may stop production or halt a shipment and charge Buyer a cancellation fee and require full or partial payment in advance. If bankruptcy, insolvency, or any proceeding is brought by or against Buyer under bankruptcy and insolvency laws, Seller may cancel any outstanding order without waiving its claim for damages or any other remedies. If shipments are delayed by Buyer without Seller’s prior express written consent, payments will be due on the date when Seller was prepared to make a shipment. Products held for Buyer will be at Buyer’s risk and expense. Seller shall not be limited to its rights and remedies against Buyer set forth in these Terms, but shall be entitled to pursue all other rights and remedies as may be available to it under law or otherwise.
Unless otherwise indicated on the sales order, payment may be made via Credit Card, Check or Wire Transfer with the following considerations:
Checks can be made payable to “Cick Medical” and sent to:
Click Medical, PO Box 775245, Steamboat Springs, CO 80477
Credit card payments can be taken at clickmedical.co/pay. Each payment MUST reference the Click Medical Invoice Number or payment may be rejected.
If payment is made via wire transfers: Buyer is responsible for all fees charged by Buyer’s banking or financial institution and any intermediary bank.
Account credit will be afforded to customers that have an approved Credit Application or current Contract on file with Click Medical. Credit limits are set at a maximum of USD$ 1,000. Credit Terms may be revoked at any time, at the sole discretion of Click Medical, if payment history indicates poor adherence to the Payment Terms.
FINANCE CHARGES/ON HOLD ACCOUNTS
Accounts more than 60 days past due will incur an eighteen percent (18%) per annum finance charge (1.5% per month) on all amounts past due balance. Past due accounts are automatically placed on credit hold. Click Medical will not accept new orders or ship existing orders for an account that is on credit hold unless full payment (including any accrued finance charges) is made at the time of placing the order.
Please inspect all orders immediately upon receipt. In the event items were ordered or shipped in error, Buyer must notify Click Medical in writing within five (5) business days of the receipt of the goods of any quality or quantity discrepancies in the order, including substantiated proof, to be eligible for any purchase credit. Buyer must return defective parts to Click Medical for inspection prior any credit being issued.
No returns will be accepted without prior authorization. Please email firstname.lastname@example.org to obtain a Return Authorization number. When returning a product for credit or replacement you must provide both the original invoice number and the reason for return. Click Medical products must be returned in their original, unused condition within 30 days. Customer is responsible for cost of return shipping.
Click Medical reserves the right to charge a 20% restocking fee for products returned in new or saleable condition.
Credit or replacement of goods is subject to inspection and evaluation. Click Medical will not issue a credit or replace any products returned to Click Medical that are not in new or saleable condition. The determination about whether returned products are new or saleable will be made by Click Medical at Click Medical’s sole discretion. Altered, discontinued, or custom-made items are not returnable.
Click Medical warrants to the original purchaser that this product is free from defects in materials and workmanship. This warranty does not apply if this product (1) was not purchased from Click Medical or an authorized dealer, (2) has been altered in a way, or (3) has not been used in accordance with Click Medical’s Instructions for Use (IFU), and (4) has been used on an application outside of a custom medical device. This Limited Warranty does not cover damage due to accidents, neglect, misuse, or operation beyond capacity, parts damaged by improper installation, substitution or parts not approved by Click Medical, or any other alteration or repair by others that, in Click Medical’s judgment, materially or adversely affects the product or part.
Click Medical warrants its products for 6 months, effective from the date of delivery to the original purchaser. Click Medical’s sole obligation under this Limited Warranty is to either repair or replace the product at no charge, or to credit purchaser’s account for the value of the defective product at Click Medical’s sole discretion.
Replacement parts are available for warranty. Please contact Customer Service (email@example.com) for help selecting the appropriate replacement parts for your device.
This Limited Warranty excludes liability for any personal injury, property damage, or special, incidental, or consequential damages arising out of, related, or incident to use the product, even if Click Medical has been advised of the possibility of such potential loss or damage, unless state law otherwise precludes this exclusion.
Technical or design information relates to the Products; business or financial information, including but not limited to product plans, costs or prices; and any information designated by a Party as confidential or proprietary. The Parties shall hold in confidence any information designated by a Party as Confidential Information. Each Party shall only use the other Party’s Confidential Information as necessary to perform its obligations hereunder and will return or destroy it at the request of the disclosing Party or upon the termination or expiration of this Agreement. Confidential Information does not include information: otherwise available from a third party, without any limitations on its use, distribution or disclosure; in the public domain; or known to the receiving Party prior to its disclosure, as evidenced by written records. The Parties hereby covenant that they shall not disclose Confidential Information to any third party without prior written authorization of the disclosing Party; provided, however, that the Parties agree that Confidential Information may be disclosed to each Party’s employees and agents for such Party’s own internal purposes.
This website may be accessed from countries other than the United States. If you access and use this website, you are responsible for complying with your local laws and regulations.
LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS WEBSITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.
If any legal and/or collections action or proceeding is brought to enforce any right, to terminate, interpret or rescind this agreement, or otherwise which relates to or arises from any provision of this agreement, the successful party will be entitled to recover its reasonable attorney’s fees and all other costs incurred in the connection with that action or proceeding.