Terms of Service

TERMS OF SERVICE

These Terms and Conditions ("Agreement") govern your use of the Dremel Medical website ("Website") and the purchase and sale of products from Dremel Medical. By accessing the Website and placing an order, you agree to be bound by this Agreement. Please read these terms carefully before using the Website or making a purchase.

1. Shipment
All shipments shall be FOB ORIGIN (Dremel Medical, TX) facility or any other facility designated by Dremel Medical. Cannula orders are considered "custom" and will ship within 7-10 business days. Orders that are in physical inventory will ship within 48 hours. Dremel Medical may offer "free shipping" on select products for promotional purposes, as displayed on www.dremelmedical.com. International customers are required to pay for shipping or utilize third-party services. Dremel Medical will provide shipping rates along with import fees associated with the final pricing.

2. Payment
(a) Payment terms require pre-payment 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) All international customers are required to pre-pay for their orders. No Net 30 payment terms will be authorized for international customers.

3. Claims
Customer must promptly examine each shipment upon receipt. If any shortage or non-conformities are reasonably discoverable, Customer must notify Dremel Medical in writing within five calendar days of delivery. Failure to provide such notification within the specified timeframe shall be deemed a waiver of all claims.

4. Credits and Returns
(a) Customer must obtain written authorization from Dremel Medical before returning any Product shipped under this Agreement. Products received due to an error made by Dremel Medical may be returned for replacement or credit. Returns of Products not otherwise returnable may be authorized at Dremel Medical's sole discretion, subject to a restocking charge. All returns and evaluations must be in sellable condition. Product held by the Customer for 60 days or longer may be refused by Dremel Medical. (b) No right to return, refund, or exchange shall exist for altered, damaged, obsolete and discontinued products, custom items, cannulas, equipment, reinjection guns, or supplies intended for single use.

5. Default
If Customer fails to provide payment or perform in accordance with this Agreement, or in the event of Customer's insolvency or filing of a bankruptcy or insolvency proceeding, Dremel Medical may declare Customer in default and terminate this Agreement upon written notice. In such cases, Customer shall pay Dremel Medical all amounts owing. Dremel Medical reserves all rights and remedies available at law or in equity against Customer. Customer shall be liable for all costs, expenses, and damages, including reasonable attorney's fees, incurred by Dremel Medical due to Customer's default.

6. Specification and Warranty
For products distributed by Dremel Medical but not manufactured by Dremel Medical, such as cannulas, rhinology products, or any consumables, no warranty is offered. These products are covered by the Original Manufacturer warranty. Customers should inquire with the original manufacturer for details of each distributed product's warranty.

7. Use of Product
Customer assumes sole responsibility for the proper use of the Products. Opinions provided by Dremel Medical regarding clinical use, reimbursement by third-party payors, or methods of cleaning Products are advisory only and not instructions for use, representations, warranties, or inducements to make reimbursement claims. Customer must independently determine the validity of such opinions.

8. Liability
Customer shall defend, indemnify, and hold Dremel Medical harmless from any loss, cost, expenses, claims (including actual attorney's fees), demands, actions, or proceedings arising out of or in connection with this Agreement and its performance, unless caused solely by the negligence of Dremel Medical. Customer agrees to maintain liability insurance with limits of at least $5,000,000 to cover such liabilities.
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