Terms and Conditions

Parts Limited Warranty Policy

All parts, unless stated otherwise, are shipped with a 30 day limited warranty against material defect. This limited warranty is provided in lieu of any other warranties, express or implied, including any implied warranty of fitness or use. The warranty expressly excludes any malfunctions, failures or other problems caused by or related to improper installation, use or maintenance, installation or use in an environment or at a site not in compliance with original equipment manufacture ("OEM") specifications, or other circumstances and conditions that failure to comply with OEM specifications. The warranty is limited to repair or replacement of the defective part, or refund of the purchase price for such part, at Southwest Medical Resource's option. Any warranty claim must be made, by written notification to Southewest Medical Resources, within 30 days of shipment of the defective part from Southwest Medical Resources to you. Any defective part subject to a warranty claim must be received by Southwest Medical Resources within 14 business days of provision of written notification of the warranty claim; otherwise, you will be billed the replacement part price, in addition to the full price of the item not promptly returned. In the rare instance any warranty claim is issued, it is the sole responsibility of the customer to pay for (1) the shipping of the replacement part from Southwest Medical Resources to the specified shipping location provided by the customer and (2) the shipping of the defective part from the original location listed on the Purchase Order (PO) to Southwest Medical Resources (1290 E Elm Street Ste. B, Ontario, CA 91761).

Exchange Policy

For all exchanges, the exact part, in repairable condition, must be shipped back to Southwest Medical Resources unless otherwise agreed upon in writing prior to shipping. The exchange part must be received by Southwest Medical Resources within 15 business days from the initial shipment date from Southwest Medical Resources to you; otherwise, you will be billed the exchange part price, in addition to the full price of the exchange item not promptly returned.

If the part you send to Southwest Medical Resources is not the exact part, i.e the serial number of the part Southwest Medical Resources sends must exactly match the exchange/return part serial number, or is not in repairable condition, Southwest Medical Resources will refuse the part and it will be shipped back to the prior location that is listed on the shipping label. Upon your receipt of the returned part, you will have 5 business days to ship back to Southwest Medical Resources the exact, repairable part; otherwise, you will be charged the full price of the part not promptly returned, in addition to the price of any exchange part.

D.O.A. Parts Policy

If in the event you receive a D.O.A. part, you must notify Southwest Medical Resources in writing within 5 business days of receipt of such part. Thereafter, the D.O.A. part must be returned to Southwest Medical Resources within 14 business days of provision of such written notice to Southwest Medical Resources; otherwise, you will be billed any replacement part price, plus the full price of the item not promptly returned.

Restock Parts Policy

If a part shipped to you by Southwest Medical Resources unused, you must obtain a RMA number from Southwest Medical Resources before you may return the unused part. No part will be accepted by Southwest Medical Resources without an RMA number. Any parts being returned to Southwest Medical Resources as restock must be returned within 14 business days from initial shipment date.

The following restock charges will apply:

Unopened: 20%
Opened: 30%

Payment Terms

Buyer is responsible for payments as mutually agreed upon, or as defined in a Purchase Order. All payments must be made via credit card, company check, certified funds or wire transfers to Seller, at Southwest Medical Resources's discretion. Credit card payments will be charged an additional 3% transaction fee. Payment due dates are based off of the day the part leaves Southwest Medical Resources's facility. Past due accounts are subject to a service charge of 10% per month. In the event that the unpaid balance goes to collections, Buyer will be assessed a collection fee due in addition to the original amount owed. This fee will be exactly 40% of the past due amount. If for any reason a check is returned for insufficient funds there will be a charge of $l50.00 per returned check. Should the need arise, Buyer will also be responsible for court costs, attorney's fees and other reasonable costs associated with the liquidation of merchandise. After 30 days if payment is not received, there will be a fixed 1.5% monthly interest rate on any amounts due to Southwest Medical Resources for any parts and/or services provided.

Limitation of Liability

The parties agree that Southwest Medical Resources shall not be liable for any losses, damages, or injuries sustained, or claimed to be sustained, as the result of the operation, non-operation, malfunction or use of the Equipment, or the provision of medical services utilizing the Equipment. Furthermore, Southwest Medical Resources shall not be liable or responsible for any loss, damages or impairment to the Equipment that may occur during the de-installation, rigging, transportation, installation or ramp up of the Equipment, unless caused by Southwest Medical Resources's gross negligence or willful misconduct. Southwest Medical Resources shall not be liable for any Equipment failures or malfunctions caused by Client's failure to provide an installation facility compliant with all OEM specifications for the Equipment. In no event shall Southwest Medical Resources's total liability in damages or otherwise exceed the total of the payments, if any, received by Southwest Medical Resources from Client for the services furnished or to be furnished pursuant to the Agreement. In no event shall Southwest Medical Resources be liable for incidental, consequential, indirect, punitive or special loss or damages of any kind, such as but not limited to lost business revenue, lost profits or costs of downtime, however caused, whether based on contract, tort (including negligence) or any other legal theory. Southwest Medical Resources assumes no responsibility whatsoever for any matters relating to Equipment calibration and use. Client hereby agrees to hold harmless and defend through counsel of Southwest Medical Resources's choice Southwest Medical Resources and its respective officers, employees, agents, representatives, and their respective successors and assigns from and against any and all loss, liability, damages, claims, causes of action, costs, and expenses, including but not limited to property damage, bodily injury, attorney's fees and any other types of liability, whether accrued, absolute, contingent or otherwise, arising out of or related to the ownership, use, or misuse of any of the Equipment at any time. Southwest Medical Resources specifically and expressly disclaims any express or implied warranties of fitness, merchantability, or suitability whatsoever.

Dispute Clause

All sales transactions are governed by California law. Any disputes arising out of or related to sales of equipment shall be brought exclusively in the state or federal courts located in Ontario, California. The parties consent and submit to personal jurisdiction and venue in the state or federal courts located in Ontario, California.

If Southwest Medical Resources is required to institute legal proceedings to collect any sums due as a result of sales transaction, the prevailing party in any such proceeding shall be entitled to recover its reasonable attorneys fees and costs incurred.