Unless otherwise specified, each Product is sold only for the specific use or uses set forth in any document made available by Supplier (“Supplier”) related to such Product(“Product”)
“Own-Use” Policy- Customer expressly and unequivocally understands and agrees that each and every purchase made through the Medbiz System is for that Customer’s ultimate consumption or “Own Use”
Products and services are payable by credit card, e-check or check NET 15 days. Shipment, services and use of the Medbiz system shall at all times be subject to Medbiz’s credit department and Medbiz may at any time, decline to make any shipments or perform any service except upon receipt of payment or terms and conditions satisfactory to Medbiz. If, in the judgment of Medbiz, the financial condition of Customer, at any time, does not justify continuation of services or shipment on the terms of payment originally specified, Medbiz may require full or partial payment in advance and in the event of bankruptcy or insolvency of Customer or in the event that a proceeding is brought by or against Customer under any bankruptcy or insolvency laws, Medbiz shall be entitled to decline the use of the Medbiz System and cancel any order then outstanding. In the event that it becomes necessary for Medbiz to incur collection costs or institute a suit to collect any amount due and payable, the Customer agrees to pay such additional collection costs, charges, and expenses, including attorney’s fees if the account is placed in the hands of an attorney or an agency for collection.
LATE PAYMENT: A late payment penalty of 18% will be assessed to the unpaid balance if payment is received 45 days after the due date stated on the invoice.
Medbiz maintains the transaction history of individual Users of its Website and the Medbiz System in the strictest confidence. However, Medbiz does aggregate transactional data for purposes of analyzing it to assess market and business trends, and such aggregate data and analysis is the property of Medbiz, which may disclose that information for any purpose and in any form that does not directly identify the Parties to a given transaction. The only exceptions to this nondisclosure policy are where: (a) the Parties to the transaction have authorized Medbiz to make the disclosure; (b) Medbiz believes in food faith that the disclosure is necessary to comply with law; (c) necessary to enforce Medbiz’s rights under these terms; (d) necessary to protect the legitimate of Medbiz or others; or (e) purchased data may be reported to manufactures for chargeback/sales tracking purposes. Medbiz may, from time to time, make known generally that a Customer is a registered User of the Medbiz System
MEDBIZ MAKES NO WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MEDBIZ SYSTEM OR THE PRODUCTS SOLD HEREUNDER
A. Disclaimer of Warranty - Accuracy of Information
Despite the efforts of Medbiz to provide accurate information, it is not possible to completely ensure that all information is completely current and correct. The materials contained on the server could include technical inaccuracies or typographical errors. Medbiz does not assume responsibility or liability for any actions taken as a result of using the server. Further, Medbiz assumes no responsibility for errors or omissions in the materials on the server. THESE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGMENT. Medbiz further does not warrant the accuracy if completeness of information, text, graphics, links or other items contained within these materials. In no event shall Medbiz be liable for any special, indirect, incidental or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use of materials. The materials are subject to change without notice.
B. Disclaimer of All Warranties – Goods Delivered
Due to the limited nature of our involvement of the business transactions effected through the use of the Medbiz System, MEDBIZ DOES NOT CONTROL, AND THEREFORE DOES NOT WARRANT, INANY WAY, ANY OF THE GOODS OR SERVICES DELIVERED PURSUANT TO A TRANSACTION FOR WHICH THE MEDBIZ SERVICES WERE UTILIZED. MEDBIZ SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-IMFRINGEMENT. Although some states do not permit supplies of goods to disclaim implied warranties, you agree that Medbiz does not sell goods, unless specifically stated, and that due to the limited nature of our involvement in transactions in which our e-commerce services are used, those restrictions on disclaimer of warranties do not apply to Medbiz. Any warranties relating to goods or services purchased using Medbiz e-commerce services are limited solely to warranties, if any, provided by the suppliers of such goods or services. Healthcare providers are responsible for understanding and complying with any limitations on liability and warranties offered by suppliers.
Due to the limited nature of our involvement in transactions conducted through the Medbiz System, Customer agrees that Medbiz will not be responsible for any claims for damage relating to any transaction, including but not limited to, transactions between Customer and any end user. In no event will Medbiz be liable for any incidental, consequential, special or punitive damages or any damages related to any claims, including but not limited to, products liability claims. In addition, you will indemnify, defend and hold Medbiz harmless from any and all loss, cost, damage, claims or demands of any kind or nature whatsoever that rise out of or relate to in any way your use of our e-commerce services, including but not limited to, products liability claims. This indemnify shall also extend to the operator of any site that you have used to gain access to our services. Indemnity: Customer shall indemnity, defend, and hold harmless Medbiz and the Supplier, and their employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses that Medbiz or a Supplier may sustain or incur arising from (a) the Customer’s use of the Products purchased hereunder, (b) the Customer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad and the Food, Drug and Cosmetic Act) or to obtain any licenses of approvals from the appropriate government agencies necessary to purchase and use the Products, or (c) the breach of Customer of any of its obligations set forth in these Terms or in the Agreement.
MEDBIZ SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS,LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDNETAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE AGREEMENT, EVEN IF MEDBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. MEDBIZ’S TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.
---Uses Good Faith Intent to Transact Business Using Our Services
A Customer may register and use e-commerce services for a particular transaction only if they intend, in good faith, to conclude that transaction through the Medbiz System with the other Party (or Parties) involved in the transaction. Should Medbiz determine, in our sole discretion, that a Customer is using our system in a manner inconsistent with this requirement, Medbiz may revoke its right to use the Medbiz System.
No Customer may use the Medbiz System for anything other than a lawful and legitimate business purpose. Examples of prohibited uses of our system include, but are not limited to, the following: (a) selling stolen property, counterfeit items, contraband, controlled substances or any other material which it is unlawful for the supplier to sell or the healthcare provider to acquire; (b) placement on the site of any untrue, malicious, fraudulent, harassing, offensive or defamatory material, or any material that is irrelevant to a legitimate use of the site; (c) introduction of viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the site; (d) insertion of links to other sites of whatever character; (e) promotion of any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability; (f) unauthorized alteration of any data or information supplied by another User of the site; or (h) any activity that infringes on the copyright, patent, trademark or other rights of any person or entity. Any party that used our services in violation of these terms and conditions or policies and procedures may have its right to use our services revoked and may be barred from any future use of these services. Any content introduced to our site as a result of or which constitutes an impermissible use, as determined in our sole discretion, may be removed from the site. Customers that engage in a prohibited use of the site will be liable to Medbiz for damages that we incur as a result.
Although Medbiz is dedicated to serving the healthcare industry and its suppliers, Medbiz is not authorized to provide, and Medbiz does not engage in providing, medical advice. Any material that is or may come to be present on our site regarding medical procedures, treatments and diagnoses is made available for informational purposes only, and it is not intended to serve as or take the place of medical care delivered by licensed professionals.
---Resolution of Disputes
Any dispute that arises out of a transaction that involved the use of our services as a venue is strictly between the healthcare provider and supplier who engaged in the transaction Users of our e-commerce services hereby waive all rights to bring, and expressly agree not to bring any suit or to assert any claim or demand against Medbiz as a result of any such dispute.
Medbiz takes all reasonable measures to ensure that the Medbiz System is available without interruption, except for any scheduled down time needed to help maintain effective operation of our marketplace. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, Medbiz will take those measures that Medbiz deems reasonable to accommodate the interests of our suppliers. In no event will Medbiz be liable to any Party for any loss, cost or damage that results from any period of down time suffered by the Medbiz System.
---Modification of these Terms and Conditions
Medbiz reserves the right to modify these Terms and Conditions at any time. Any such modification shall be effective immediately upon posting. By accessing and using the Medbiz System, Customer agrees to periodically review these Terms and be bound by any modifications or amendments to these Terms.
Medbiz may enter into agreements with Users providing for rights and obligations that are different than these terms and conditions, including without limitation, where Medbiz grants particular Users preferred terms of fee/payment structures, which supercede some or all of these terms and conditions. In addition, Medbiz may provide some Users customized or other services that are not available to our other customers generally. Medbiz reserves the right to enter into any such agreements in our sole discretion.
Our failure to exercise or enforce any of our rights will not constitute a waiver of such right.
If a court of competent jurisdiction invalidates any of these Terms, the remaining Terms shall remain in full force and effect.
Any notice required to be delivered under the Terms and Conditions shall be delivered via email. For notices to the registered User, the email shall be directed to the email address in the most current registration information. Notices directed to us shall be directed to: Medbiz, LLC Attn:
RETURN POLICY – Each vendor who participates with medbiz.com has their own Return Policy. The majority of the vendors will accept returns if product is unused and in original packaging. Contact Medbiz Customer Service for exact policy for specific vendor.
MEDBIZ ADDRESS – Medbiz, 70 S Val Vista Rd, Suite A3 #453, Gilbert, AZ 85296