Terms & Conditions

Terms of Quotation

1. (a) SUPERSEDING EFFECT. This Quotation (hereinafter the “Quotation") supersedes all previ­ous quotations by Medical Equipment Services or Tristate Biomedical Solutions, as the case may be, (hereinafter “Seller”) with respect to its subject (here­after "the Equipment"). It may be withdrawn without notice and does not bind Seller until signed by the Customer and signed by an authorized representative of Seller other than a salesperson.

1. (b) NO COUNTEROFFERS. Acceptance of this Quotation is expressly limited to the terms and conditions contained herein and any additional or different terms or conditions contained in Cus­tomer's order or response hereto shall be deemed objected to by Seller without need of further no­tice of objection and shall be of no effect nor in any circumstances binding upon Seller.

2. (a) GENERAL PAYMENT TERMS. Customer shall pay Seller under the terms of payment described on the face of this Quotation. If the Quotation does not specify the terms of payment, then Customer shall pay Seller 50% of the total price upon acceptance of the Quotation and the remaining balance upon shipment of the Equipment, or if the Quotation requires Seller to install the Equipment, upon first use of the Equipment.

2. (b) ADDITIONAL COSTS, DEFERRED PAYMENT ARRANGEMENTS. Unless otherwise expressly agreed in writing, Customer shall pay all charges for transportation and delivery from F.O.B. point of shipment indicated on the face hereof, and all ex­cise, sales, occupation or use taxes, or any and all similar taxes applicable to the Equipment, its sale or use, even though not expressly set forth in the Quotation. If the Quotation provides for deferred payment arrangements, Customer shall pay Seller at the times and in the amounts reflected in the Quotation. Customer shall, as Seller may from time to time reasonably request, deliver such promissory notes, security agreements, financing statements, leases and rental agreements cov­ering the Equipment required by Seller to evidence and secure Customer's obligations.

3. INSTALLATION AND SITE PREPARATION

3. (a) BY Seller. If the Quotation requires installation by Seller, Seller shall, during regular working hours, make diligent efforts to install the Equipment and connect it to safety switches and power outlets provided by Customer. If the Quotation provides that connection to existing utilities is to be performed by Seller, quoted prices included the normal cost thereof. Any unusual costs resulting from the conditions of the premises or the condition or location of the utilities, including any over­time of Seller employees required or requested by Customer, shall be paid by Customer.

3. (b) BY CUSTOMER OR OTHERS AND EFFECT OF UNION REQUIREMENTS. Unless other­wise specified in writing, Seller will deliver the Equipment and will connect the same to the safety switches or power outlets to be provided and installed by the Customer before the scheduled delivery date. If, for any reason, such electrical connections are made by other than Seller, any additional charge for the cost of such outside labor is the responsibility of Customer. Proper elec­trical current for operation of the Equipment will be brought to the safety switches and outlets by Customer and the Customer will supply all of the necessary conduits, wiring, Unistrut steel or simi­lar support in the ceiling, plumbing, carpentry, construction work and rigging and all other installa­tion accessories which may be required for making the installation. If the Customer specifies to Seller in writing that it will make its own installation of the Equipment, then the Custom­er shall be solely responsible for such installation and the subsequent operation of the Equipment. If any certificates or other approvals of any governmental authority are required to be obtained for the installation, the same shall be procured by Customer at Customer's expense before the delivery.