Terms of Service
KEY POINTS for Online Orders
· Shipping: All cannula orders are considered “custom” and will ship within 7-10 business days.
· Orders that are in physical inventory will ship within 48 hours. There will be times Dremel Medical will offer “free shipping” on select products, which will be made available on www.dremelmedical.com for promotional purposes.
· Online Pricing is for US market only and all online orders are shipped domestically. No international sales will occur online.
· International customers may use freight/package forwarding services (3rd party).
· Dremel Medical is not liable for any taxes, fees, damage, or loss resulting in the use of third-party package forwarding services.
· Sales Tax applies to customers
· Dremel Medical may change information on this website, product availability, and pricing at any time without prior notification.
· Accepted online payment methods: Debit/Credit Card and additional means provided by Dremel Medical if possible.
· For technical difficulties with the website or online ordering, please email info@dremelmedical.com.
TERMS AND CONDITIONS
1. Shipment. All shipments shall be FOB ORIGIN (Dremel Medical, TX) facility or such other facility that Dremel Medical may designate.
2. Payment. (a) Payment terms are pre-pay for products. Prices are subject to change at any time at the sole discretion of Dremel Medical. All online orders require payment at the time of the transaction. (b) Dremel Medical reserves the right to authorize payments for Net 30 for customers when approved.
3. Claims. Customer shall have the obligation to examine each shipment of Dremel Medical promptly upon Customer’s receipt thereof; and, unless Customer notifies Dremel Medical in writing within five calendar days of delivery to Customer for the shipment in question, Customer shall be deemed to have waived all claims for shortage and non-conformities that Customer should reasonably have discovered as a result of the examination.
4. Credits and Returns. (a) Customer may not return any Dremel Medical Product shipped hereunder without first obtaining Dremel Medical’s written authorization. Any product received as a result of an error made by Dremel Medical may be returned for replacement or credit. Dremel Medical may, at its sole discretion, authorize returns of Products not otherwise returnable under the terms of this agreement. In such cases, Dremel Medical shall issue Customer a credit for such returns, less twenty percent (20%) restocking charge if within 30 days and less a twenty-five percent (25%) restocking charge for purchases that are between 31-59 days. All returns and evaluations must be in sellable condition. Dremel Medical retains the right to refuse the return of Product that has been with the Customer for 60 days or longer. (b) Notwithstanding anything contained here into the contrary, in no event shall Customer have the right to return any products or be entitled to any refund or exchange for (i) altered, (ii) damaged, obsolete and discontinued products, (iii) all custom items, cannulas, equipment, reinjection guns or supplies intended for single use.
5. Default. In the event Customer fails to provide payment of any sum to be paid hereunder, or fails to perform in accordance with any provision hereof, or should Customer become insolvent or file a petition in bankruptcy or insolvency proceeding, then, Dremel Medical may, at its option, declare Customer in default of its obligations hereunder and terminate this Agreement upon written notice to customer. In the event of such termination, Customer shall pay Dremel Medical a sum not to exceed all amounts owing hereunder. Notwithstanding the foregoing, Dremel Medical reserves all rights and remedies available at law or in equity against customer. Customer shall be liable for any and all costs, expenses, and damages, including without limitation reasonable attorney’s expenses, which Dremel Medical may sustain by default by Customer.
6. Specification and Warranty. For the product that Dremel Medical does not manufacture and only distributes, the specific warranty of that product is from the original manufacturer. Buyer needs to inquire with the original manufacturer for specifics of each distributed products warranty.
7. Use of Product. Customer is solely responsible for the proper use of the Products. Customer understands that from time to time, Dremel Medical may provide Customer with opinions regarding the possible clinical use of the Products, the potential reimbursement regarding Products by third party payors, or possible methods of cleaning Products. Customer agrees that any such advice is advisory only and will not constitute instructions for use, representatives or warranties, or an inducement to make any claim for reimbursement from a third-party payor. Customer will make an independent determination of such opinions.
8. Liability. Customer shall, and does hereby agree to, defend, indemnify and save Dremel Medical harmless of any and all loss, cost, expenses, claims (including without limitation, actual attorney’s fees), demands, actions, or proceedings arising out of, or in connection with this Agreement and the performance hereunder, unless caused by the sole negligence of Dremel Medical. Customer shall maintain adequate liability insurance with limits of at least $5,000,000 to satisfy the same.
