Terms of Sale
The terms and conditions of this document supersede the terms and conditions of any purchase order made by Buyer for
Seller's products ("Products"). No prior course of dealing or usage of trade shall affect this document or be admissible to
explain, modify, or contradict the invoice.
1. Payment for the Products. Seller's terms of payment are Net 30 days. Any invoiced amount remaining
unpaid after thirty (30) days, unless disputed in good faith, shall be deemed "past due." Past due balances are
subject to a service charge of one and one-half percent (1.5%) per month. Any interest charged and collected in
excess of applicable state law shall, upon presentation of appropriate documentation, be returned. If Buyer fails
to pay any or all of the invoiced amount when due or if Buyer's credit or financial status erodes or otherwise
renders Seller insecure, Seller may, without further notice immediately: (i) suspend Seller's performance
hereunder, (ii) declare due and payable all other amounts invoiced by Seller to Buyer regardless of when such
payments would otherwise be due from Buyer, and/or (iii) increase the prices for Products by one and one-half of
one percent (1.5%). If Buyer's days sales outstanding balance with Seller as determined by Seller exceeds
ninety (90) days, Buyer's prices for Products shall be determined by Seller and Customer.
Any discrepancy between any order placed under this Agreement and Seller's corresponding shipment or
shipments, including damages, must be reported to Seller for resolution within ten (10) days of Seller's invoice
date. The only exception being for price discrepancies that must be reported to Seller for resolution within thirty
(30) days of Seller's invoice date. Seller shall have no obligation to resolve, and Buyer holds Seller harmless and
waives any rights to any discrepancy or to issue any credit or refund, or to replace any goods, if claim therefore
is not made within said applicable ten (10) or thirty (30) day period.
2. Delivery. Unless stated otherwise agreed to in writing by Company or specified otherwise on the Invoice, all
Products shall be shipped FOB Origin, Freight Pre-Paid and Added to Invoice. Title to Products shall transfer to
Customer at the time Products are delivered to the carrier, at which point Customer shall assume the risk of loss
to Products. Additional handling charges may apply and will be prepaid and added to the Invoice of all open
account and credit card purchases.
Orders less than $100.00 are subject to a $12.50 small order handling fee.
Shipping. Customers using their Third Party Account will be responsible for all lost/damaged claims processing.
This means, orders on a collect account should not be returned/refused back to Trimedco.
3. Return Goods Policy. ALL REQUESTS FOR RETURN OF PRODUCTS MUST BE AUTHORIZED BY
SELLER'S CUSTOMER CARE DEPARTMENT PRIOR TO RETURNING GOODS. All returned Products must be
in original packaging and in resalable condition, unless such Products are not in original packaging or resalable
condition due to the fault of the Seller. The amount of credit on any given return is based upon the following:
a.Products shipped in error by Seller and nonconforming Products – FULL CREDIT if returned within
thirty (30) days;
b.Products shipped that do not meet Seller's standard quality – FULL CREDIT if returned within thirty
(30) days in original packaging and received in resalable condition;
c.Products that are not locally stocked, but are returnable to vendor, are subject to a restocking charge
up to 50%, plus any original freight costs as well as additional costs incurred in returning the Products to
the vendor if notified within thirty (30) days and returned in resalable condition;
d.Products that are NOT returnable to vendor – NO CREDIT;
e.Products that are returned no longer in resalable condition either due to use of product or improper
packaging for safe return shipment – NO CREDIT;
f.Special order Products, custom Products, or Products not available for general or unrestricted
distribution – NOT RETURNABLE.
g.Products that have come in contact with body fluids are NOT RETURNABLE due to the hazard
incurred in the returns process.
4. Excusable Delays. If any party is unable, wholly or in part, by reason of an act of God or any other reason
beyond the reasonable control of the party, including unavailability of Products, to carry out its obligations
hereunder (other than the obligation to make money payments), that party shall give the other party written
notice thereof with reasonable particulars concerning it. During the period of delay, the obligations of all parties
hereunder (other than the obligation to make money payments), shall be suspended. The affected party shall
use reasonable due diligence to continue performance as quickly as possible.
5. Disclaimer. Seller makes no representation or warranty of any kind, express or implied, as to the
merchantability of any products or their fitness for any particular use or purpose. Buyer shall look to the
manufacturer of products for any warranty thereon. No agent, employee, or representative of Seller has any
authority to make an affirmation, representation, or warranty concerning products not set forth in this agreement.
Buyer shall not hold Seller liable for any defect in products, regardless of kind, unless such defect results from
the willful default or gross negligence of Seller. Buyer agrees to file solely with the manufacturer of the products
any claim or lawsuit alleging loss, injury, damage, or death arising out of or caused by the use, sale, distribution,
or possession of products.
In no event shall Seller be liable to Buyer for incidental or consequential damages (including lost profits) from
any cause, including, without limitation, damages resulting from any unavailability of, defect in, or misshipment of
6. Pricing of Products. Seller's product pricing is subject to change at any time and for any reason without
notice to Buyer. Previous catalog prices will not be honored for any reason. Pricing will be quoted and confirmed
via Seller's Customer Care Department at time of sale.
7. Dispute Jurisdiction. This Agreement shall be governed by the laws of the State of Georgia. The parties
hereto hereby irrevocably consent to the exclusive jurisdiction of the State and Federal Courts of the State of
Georgia for resolution of any dispute related to or arising out of this Agreement. Acceptance by Customer of the
Products shall constitute acceptance of all the Terms and Conditions contained herein.