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 are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Focus Medical Group Inc.. The collective work includes works that are licensed to Focus Medical Group Inc.. Copyright 2003, Focus Medical Group Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Focus Medical Group Inc. or purchasing Focus Medical Group Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Focus Medical Group Inc. or to purchase Focus Medical Group Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Focus Medical Group Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Focus Medical Group Inc. used in the site are trademarks or registered trademarks of Focus Medical Group Inc.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Focus Medical Group Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Focus Medical Group Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Focus Medical Group Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Focus Medical Group 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 Focus Medical Group 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.
In the event that a Focus Medical Group Inc. product is mistakenly listed at an incorrect price, Focus Medical Group Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Focus Medical Group Inc. reserves 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 cancelled, Focus Medical Group Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Focus Medical Group Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Focus Medical Group Inc. 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 Focus Medical Group Inc..
Your use of this site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Focus Medical Group Inc. products) shall be in the state or federal courts located in Medina County, Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Focus Medical Group Inc. products) must be commenced within one (1) year after the claim or cause of action arises. Focus Medical Group Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Focus Medical Group Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Focus Medical Group Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Focus Medical Group Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Focus Medical Group Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Focus Medical Group Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Focus Medical Group Inc. in its sole discretion.
You agree to indemnify, defend, and hold harmless Focus Medical Group Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "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.
In an attempt to provide increased value to our visitors, Focus Medical Group Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Focus Medical Group Inc., Focus Medical Group Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Focus Medical Group Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Focus Medical Group Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Focus Medical Group, Inc. Terms and conditions of Sale
These Terms constitute an agreement with Focus Medical Group, Inc. (“FMG”) in which the purchaser (“Buyer”, “You”, “Your”) will purchase the product(s) described on the quote. Terms on the quote will supersede these terms below.
1. PRICES AND TAXES –
Quotations are only valid for thirty (30) days from the date of quote. The Price does not include applicable sales, excise, use, or other taxes in effect or later levied. FMG is licensed and required by law to collect sales tax in all states. Except for those taxes attaching to FMG (e.g. income taxes), Buyer is responsible for payment of all taxes associated with its purchase of the Product(s), including (but not limited to) sales or excise taxes, duties, or property taxes.
2. TERMS AND METHOD OF PAYMENT -
Unless stated otherwise on the quote, payment in full will be due thirty (30) days from the date of invoice. FMG may require a deposit upon placement of the order, with the balance Due On Delivery (including applicable sales tax, freight, insurance, etc.). FMG reserves the right to require payment in full, in advance or C.O.D., or otherwise modify credit terms either before or after acceptance of any order if for any reason Buyer’s credit is or becomes objectionable to FMG. Pending correction of any objectionable credit situation, FMG may withhold shipments without incurring any liability to Buyer. All balances not paid when due shall be subject to a service charge equal to one-and-one-half percent (1 ½%) per month, or the highest rate permitted by law, whichever is less. For FMG to extend tax exempt status to Buyer, Buyer must provide a tax-exemption certificate based upon the jurisdiction of the installation location prior to acceptance of the order.
3. CREDIT STATEMENT -
Buyer certifies that the information submitted
pertaining to its credit worthiness is accurate. Buyer, its owners and/or principals, and all individuals whose names appear on the Agreement expressly authorize consumer reporting agencies and other persons to furnish credit information to FMG, separately or jointly with other creditors, for use in connection with this Agreement. FMG and joint users of such information are authorized to receive and exchange credit information and to update such information as appropriate for the express purpose of assessing Buyer’s credit worthiness.
4. SHIPMENT, RISK OF LOSS, SHIPPING DATE - All shipments will be made F.O.B. FMGs’ shipping points. Absent specific agreement, FMG will select the carrier. Title and Risk of Loss to the Product(s) passes to the Buyer upon FMGs’ delivery to the designated carrier or delivery service. If a shipment date is indicated on a quote, such date is only an estimated delivery date, and not a material term of this Agreement. FMG will make all reasonable efforts to meet the delivery date. If FMG does not deliver the Products within sixty (60) days of the delivery date, then Buyer may terminate an order, and neither Buyer nor FMG will have any further obligations.
5. ACCEPTANCE – Buyer will be deemed to have accepted the Products on the earlier of (i) delivery of the Products to the Buyer (if installation is not priced separately on the quote) or (ii) confirmation by FMG that the Products have been installed and conform to manufacturer’s’ specifications and requirements for operation or (iii) Buyer’s use of the Products.
6. SECURITY INTEREST - Until the Products are paid for in full, Buyer gives FMG a security interest in the Products, all monies received for the Products, or in any chattel paper regarding the Products (e.g.: lease agreements).
7. LIMITED WARRANTY – All products purchased from FMG will be covered by their manufacturer’s warranty. FMG
can assist the customer in communicating with the appropriate manufacturer regarding warrantee issues. However, FMG offers no warrantee in addition to the manufacturer. All
sales are final.
8. TRAINING – FMG may provide training related to certain Product(s), the form, duration and content of which will be at FMG’ discretion. Training commitments expire 6 months after the Product(s) are shipped.
9. RETURN POLICY – Unless it has given its written consent, FMG will not accept any Product returns. If FMG consents to the return, Buyer may be charged up to a twenty percent (20%) restocking fee for all FMG authorized Product(s) returns. Risk of Loss, and Shipping and Handling fees for returned Product(s) are the Buyer’s responsibility. Unless FMG agrees otherwise, returned Product(s) must be in new condition and packaged in the original packaging. Consumable Product(s), are not returnable. However, FMG may accept product to be returned on exchange for other same branded product.
10. CANCELLATION POLICY – This Agreement can only be cancelled prior to shipment by written agreement of Buyer and FMG. If Buyer cancels this Agreement, Buyer may be charged a 20% cancellation fee. If Buyer only cancels part of Buyer’s order under this Agreement, FMG may adjust the Price of the remaining Product(s) being purchased, which may mean discounts offered on the original order will not be available.
11. FORCE MAJEURE – FMG will make every reasonable effort to complete shipment, but shall not be liable for any loss or damage for delay in delivery, or any other failure to perform due to causes beyond its reasonable control including but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of a public enemy, war, rebellion, insurrection,sabotage, epidemic, quarantine restrictions, labor disputes, labor or material shortages, embargo, failure or delays in transportation, unavailability of components or parts for machinery used for manufacture of its Product(s), acts of God, acts of the Federal Government or any agency thereof, acts of any state or local government or any agency thereof, and judicial action. Should such a delay occur, FMG may reasonably extend delivery schedules or, at its option, cancel the order in whole or part without any liability other than to return any unearned deposit or prepayment.
12. ASSIGNMENT – Buyer shall not assign or transfer any rights, duties or obligations under this Agreement without FMG’ prior written consent.
13. GOVERNING LAW; DISPUTE RESOLUTION – The substantive laws of the State of Ohio will govern the construction of this Agreement. Both parties agree to waive any right to a trial by jury.
14. LIMITATION OF LIABILITY – Notwithstanding anything contained in this or any other agreement between FMG and Buyer, neither party will be liable to the other for any loss, damage, cost of repairs, incidental, punitive, exemplary, indirect or consequential damages of any kind, including (without limitation) loss of profit, revenues or business opportunity, (all of which each party expressly waive to the fullest extent permitted by law) even if either party has been advised of the possibility of such damages, whether or not based upon express warranty or implied warranty (except for the obligations assumed by FMG under the Limited Warranty Clause), contract, tort, negligence, strict liability or other cause of action arising in connection this Agreement or with the design, manufacture, sale, use or
repair of the Product(s). This provision may not affect third party claims for bodily injury or death arising in products liability or from FMG’ gross negligence. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitation or exclusion may