Terms of Use

LEGAL NOTICES

Please Read These Terms Carefully Before Using This Site

  1. Conditions of Use. This web site ("Site"), its entire contents, all web pages found within this Site, and the materials and information on this Site are provided by Edwards Medical Supply and may be used for informational purposes only. By using this Site, you represent that you have read and understand these terms and conditions and agree to be bound by these terms and conditions. Furthermore, by using this Site, you represent that (i) you have the capacity to be bound by these terms and conditions and (ii) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

  2. Ownership of Materials. Except as otherwise indicated, this Site and its entire contents (collectively, the "Materials"), including, but not limited to, the text, information, material, software and graphics contained on this Site, are either owned or licensed by Edwards. Copyright, trademark and other intellectual property laws and treaties protect the Materials. Edwards Medical Supply makes no proprietary claim to any third party names, trademarks or service marks appearing on this Site. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Edwards' prior written permission. You are hereby authorized to view, copy, and print the Materials for your personal, informational, non-commercial, internal use only. Any copy of the Materials or portion thereof must include the copyright notice. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the Materials to another person. By posting a message or contributing in any way to this Site, including, but not limited to, sending comments and e-mail to this Site, you expressly grant Edwards Medical Supply the right to use in any way, copy, republish or sell your message or other contribution as part of its property. Edwards Medical Supply reserves the right to change, update, discontinue, restrict, or prevent access to this Site or the Materials at any time without notice. 

  3. Limited License. Subject to the terms and conditions set forth herein, Edwards Medical Supply grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and display to this Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.  

  4. Copyright Notice. ©2003 EDWARDS MEDICAL SUPPLY.  All rights reserved. 

  5.  Trademarks. Edwards Medical Supply products and/or services referenced herein are either trademarks or registered trademarks of Edwards Medical Supply. Other company names, products and/or services referenced in this Site may be trademarks of their respective owners.  

  6. Online Privacy. Edwards Medical Supply uses the information that is collected from the Site to, among other things, better serve its customers. For a complete description of our online privacy policy, see our Privacy Statement. 

  7. Disclaimer. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED "AS IS". EDWARDS MEDICAL SUPPLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS. 

Edwards Medical Supply will not be responsible for any errors or omissions in the Materials or information provided on this Site, any articles or postings for hyperlinks embedded in messages, nor for any loss or damage caused by your reliance on information obtained on this Site or in a hyperlink site.   References to third parties, their products, and/or services do not imply endorsement by Edwards Medical Supply thereof. 

This Site may contain technical inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in updates of the Site. Edwards Medical Supply may make improvements and/or changes in the product(s) and/or the program(s) described in this Site at any time without notice.  

  1. Limitation of Liability. IN NO EVENT SHALL EDWARDS MEDICAL SUPPLY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, OR INABILITY TO USE THE SITE OR ANY HYPERLINK, EVEN IF EDWARDS MEDICAL SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY.  

  2. Third-Party Sites. This Site may be linked to other sites, which are not maintained by Edwards. Edwards Medical Supply is not responsible for the content of those sites. These links are provided for convenience purposes and are not under the control of Edwards Medical Supply or its affiliates. Edwards Medical Supply does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party's site, the content of any third party's site, or any products or services provided by a third party, by Edwards Medical Supply of the sites. Edwards Medical Supply disclaims any liability for links: (i) from another site here; and (ii) to another site from this Site.  

  3. Linking Terms. By linking to our Site, all "Linkers" accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of Edwards Medical Supply. In connection with the use of the Edwards Medical Supply trade name/reference, Linker shall not in any manner represent that Edwards Medical Supply endorses it or that Linker is acting in a representative capacity of Edwards Medical Supply. Except for the uses set forth herein, Linker shall not utilize the Edwards Medical Supply name nor its relationship with Edwards Medical Supply for purposes of or in any manner that intentionally gives rise to advertising or publicity, unless Edwards Medical Supply shall consent to such use in writing prior to publication.  

  4. Regardless of the foregoing, Edwards Medical Supply reserves the right to rescind this consent with or without cause at any time. In such event, Linker shall remove its link to the Edwards Medical Supply Site within 24 hours of receipt of notice from Edwards.

    LINKER EXPRESSLY AGREES THAT USE OF EDWARDS MEDICAL SUPPLY MATERIALS AND SITE IS AT LINKER'S SOLE RISK. EDWARDS MEDICAL SUPPLY DOES NOT WARRANT THAT ITS SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. EDWARDS MEDICAL SUPPLY PROVIDES THIS ACCESS "AS IS" WITHOUT WARRANTY OF ANY KIND. EDWARDS MEDICAL SUPPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EDWARDS MEDICAL SUPPLY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF ANY OF THE MATERIALS PROVIDED HEREUNDER OR ACCESS TO ANY OF THE SERVICES DESCRIBED HEREIN. 

  5. Non-Confidential Information. All communications, including suggestions, questions, ideas, and/or comments concerning any and all products and services listed in this Site shall not be considered confidential or proprietary information. Such information may be disseminated or used by Edwards Medical Supply for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to Edwards Medical Supply will be handled in accordance with Edwards' Online Privacy Practices.

  6. Revisions. Edwards Medical Supply may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.


TERMS AND CONDITIONS OF SALE

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

The following terms and conditions shall apply to all orders by Customer through this Web Site for the purchase of durable and disposable medical supplies, pharmaceuticals, medical equipment and consumables, and related products ("Supplies") from Edwards Medical Supply. By accepting delivery of the Supplies, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions shall apply unless Customer and Edwards Medical Supply have signed a separate Agreement covering the purchase of the Supplies in which case the separate agreement shall govern.

  1. PURCHASE. Upon Edwards' acceptance of a Customer's order, a firm contract for the purchase and sale of the Supplies will be formed between Edwards Medical Supply and Customer, and shall incorporate all the terms set forth herein. These terms and conditions shall not be altered or amended by the use of any document(s). Any attempt to alter this document or to enter an order for Supplies which are subject to additional and/or altered terms and conditions will become null and void, unless otherwise agreed to in a written agreement signed by both parties.

  2. DELIVERY.  Orders are shipped FOB point of origin with freight prepaid and billed to Customer.  In-stock items are sent out within 1 business day of order receipt.  Items back ordered are shipped immediately upon arrival to Edwards. 

  3. WARRANTY. Edwards Medical Supply warrants that Edwards Medical Supply is the legal and rightful owner of the Supplies or that it is legally licensed and/or authorized to sell and/or distribute Supplies being purchased hereunder. All Supplies delivered hereunder will be free and clear of any and all encumbrances of any kind.

Customers acknowledge that Edwards Medical Supply is not the manufacturer of any of the Supplies purchased hereunder. Other than the warranties set forth above, any warranty with respect to the Supplies must come from the manufacturer. Edwards Medical Supply will pass through to Customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Edwards' liability is limited to the replacement value of the Supplies.

THIS WARRANTY SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. EDWARDS MEDICAL SUPPLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  1. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary, in no event will Edwards Medical Supply be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of data or its use, loss of profits, loss of business, or other economic damages, even if advised of the possibility of such loss or damage.  

  2. RETURNS. Returns are subject at all times to Edwards return goods policies, as amended from time to time.

  3. TAXES. Customer shall be responsible for any state or local tax (excluding taxes based on Edwards' income or profits) that results from the transfer of title or sale or delivery of the Supplies purchased hereunder unless a valid and correct tax exemption certificate is furnished to Edwards Medical Supply prior to delivery.

  4. PAYMENT. For customers with approved credit, payment is due and payable net 30 days from the date of invoice. Late payments shall be assessed a late payment charge at the rate of 1½% per month, but in no event to exceed the maximum allowable by law.   Credit card orders are accepted.

  5. CREDIT LIMITS. Credit limits and terms shall be subject at all times to Edwards credit policies, as amended from time to time.

  6. RESERVATION OF RIGHTS. Edwards Medical Supply reserves the right to change at any time without notice these terms and conditions of sale.

  7. MUTUALITY. All debts and obligations of Edwards Medical Supply and Customer to each other are mutual and subject to setoff; for purposes of this sentence, Edwards Medical Supply and Customer shall be deemed to include each of the parties' respective subsidiaries and affiliates which directly or indirectly control or are controlled by such party through 100% equity ownership.

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