1) Orders: Orders should be made out to SW Med-Source, PO Box 93115, Southlake, TX 76092. Phone: 817 424-1744 or 1 888 424-1740; Fax: 817 424-1745. Our email address is info@swmedsource.com. Business hours are 8 am - 6 pm CST.
All orders are subject to acceptance by SW Med-Source. Written orders are requested. Confirmation of our acceptance will be made by SW Med-Source in writing and will be sent to customers on all credit card orders and all hospital purchase orders exceeding $500. Customer should review confirmation carefully for accuracy. It is the responsibility of the customer to insure that the order is correct. Payment can be made by check, VISA, MasterCard, American Express or check in advance. (U.S. Funds only)
Note: Our products are typically sold to healthcare facilities including hospitals, surgery centers and physicians offices. We also sell to government entities, corporations and brokers. We do not deliver to residential addresses.
2) Order Changes: All order changes should be in writing and mailed, emailed or faxed to SW Med-Source for approval within 7 working days. Changes on certain items are subject to additional charges. No changes can be accepted after fabric has been cut. Changes may result in re-scheduling or cancellation of an order.
3) Payment Terms: Any credit terms are subject to approval and at the sole discretion of SW Med-Source. Terms are net 30 days for orders under $9,999; net 20 days for orders exceeding $10,000. Credit documentation is required of all new accounts. We reserve the right to change or modify credit terms and/ or conditions at any time. Any queries should be directed to our credit department.
Our prices are FOB factory (customer pays shipping charges) unless stated otherwise below the pricing for a particular item. Our website prices are subject to change without notice. All past due amounts are subject to a 1.5% per month finance charge on the unpaid balance.
If Buyer fails to comply with payment terms, Seller reserves the right to withdraw credit, suspend or cancel performance under any and all orders or agreement and all Buyer's obligations to Seller shall become immediately due and payable.
4) Security Interest: Buyer hereby grants to Seller, its successors and assigns, a security interest in the Products to secure payment of the purchase price of the Products until all amounts due or to become due hereunder have been paid. Any repossession and removal of Products shall be without prejudice to any of Seller's other remedies at law or in equity.
Default in payment of such price or any part of the price when due shall permit Seller, in its sole discretion, to declare all obligations of Buyer immediately due and payable, and in such event, Seller shall have the rights and remedies of a secured party under applicable law.
In connection with the security interest granted herein, Seller is expressly authorized, at its discretion to file one or more financing statements or other notices under applicable law naming Buyer as debtor and Seller as secured party. Buyer agrees to execute such documents requested by Seller to record and otherwise perfect this security interest.
5) 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.
6) Price Quotations: All written price quotations will be valid for 30 days, unless stated otherwise on the quotation. Freight estimates given are just that. We do not guarantee any shipping and/ or freight quotations as they are estimates and the actual amounts are beyond our control.
7) Freight: Carrier selection is at the manufacturer's discretion unless otherwise specified in the quotation. All shipments are made FOB Factory, Prepaid and Add unless stated otherwise on our website page. Charges are determined by the carrier's tariff. Special shipping requirements are subject to a service charge. SW Med-Source is not liable for any shipping delays outside of our control.
8) Freight Claims: Carefully inspect all shipments before accepting from carrier. Do not refuse merchandise damaged in transit. Claims for freight damaged in transit must be made by the customer with freight carrier within time frame specified by freight carrier. (usually 10 days) SW Med-Source is not responsible for any damage to product while in transit.
9) Returns: Factory authorization must be obtained for all returns. Any returned item must have an assigned RMA# written on the outside of the box. Items should be returned in the original box and must be in new/ re-saleable condition. Freight must be paid by customer and a restocking fee of up to 25% may be assessed. Any item that is custom, made to order (with your color upholstery and/ or wood finish) is absolutely non-returnable.
10) Customer Delayed Shipping: Storage/ handling charges will be assessed when the customer cannot accept delivery of an order as scheduled. All costs will be invoiced to the customer's account. Costs will begin to accure on the date the transfer to storage is made.
11) Packaging: All furniture is automatically boxed with the exception of some of our patient room furniture. Some of these pieces are shipped blanket wrapped to certain areas unless otherwise specified by the customer. Cartons for certain patient room furniture is available but at an additional cost. Small chair carton (2 per carton) is $12 to $18. Large chair carton (1 per carton) is $12 to $20. These costs are subject to change.
12) Warranty: Warranty depends upon manufacturer of product. Warranty on some products is included with description. Please contact us regarding specific warranty information.
Fabrics: Since fabrics are not usually guaranteed to us by the manufacturer, SW Med-Source cannot warranty the wearing, quality, durability, color fastness, etc. of coverings, padding or fabrics. BioFit and Lesro Industries are the exception to this. They do warranty the above issues. Thus, when manufacturers do not provide us with this guarantee, we cannot provide this guarantee to the customer. Also dye matches cannot be guaranteed to match if multiple orders are placed at different times.
Local Repairs: Charges for local repairs will not be accepted without our prior written authorization. Estimates must be submitted in writing.
13. Limitation of Liability, Indemnity: Seller shall not be liable for indirect, special incidential, consequential or punitive damages. Seller's total liability, whether based on contract, tort or any other legal theory, is limited to the purchase price of the product at issue.
Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller's reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer's employees, agents and licensees, or any person not a party hereto, (b) damage, claim or liability arising by reason of Buyer's breach of any of its obligations as set forth in this Agreement.
14) Governing Law/ Dispute Resolution: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, 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.
Seller agrees to follow the BBB On Line Code of Online Business Practices. The parties agree that any dispute related to or arising from this transaction that cannot be settled through informal negotiations shall be submitted to the exclusive jurisdiction of the courts of Tarrant County, Texas. Buyer shall pay for any collection fees for past due invoices including but not limited to reasonable attorney fees and court costs.
15) Attorney Fees and 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 Tarrant County, Texas, according to the Commercial Arbitration Rules of The American Arbitration Association and the laws of the State of Texas. Any award will be in writing and will be final and binding on the parties and judgement may be entered on it in any court of competent juristiction.
16) Severability: Any provision hereof which is prohibited or unenforceable shall, as to such jurisdictions, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity of such provisions in any other jurisdiction.
17) 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.
18) Acceptance of Terms: Purchasing products from this site indicates you accept the terms and conditions specified above.
Updated 6/08
 
SW Med-Source is a Service Disabled
Veteran
Owned & Operated Small Business
Copyright 2005 - 2010, All Rights Reserved
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