Instrument Repair Network Medical Instruments and Equipment Repair
Service Terms
By submitting your goods to be sharpened, repaired, or any related service, you authorize Instrument Repair Network (hereby called, “IRN”) to perform such work on your goods. Estimates for services are subject to change. If after inspection, it is determined by IRN personnel that an instrument/tool requires additional service, the customer will be notified in writing of any additional costs associated with the changed scope of work, and upon receipt of the customer’s written approval, IRN will complete the required service.
The customer will send only clean and sterilized instruments/tools to IRN for service. Customers are to send all items in a puncture-proof package and send them by a traceable shipping service, such as FedEx. Customers are to provide IRN with the tracking number of the order via email when the order is shipped to ensure that it is tracked and prioritized to receive timely service.
Shipping costs associated with sending, a return shipment, and insurance of any instruments/tools or equipment sent to IRN for service will be paid by the customer. IRN will return/ship all items via FedEx or an equivalent shipping contractor. IRN is not responsible for delayed, lost, stolen, or damaged goods by the shipping company or any damages that could have occurred by poor packaging by the customer. For customers using IRN’s Drop-off and Pick-up service, IRN is not responsible for items left unclaimed after 90 days.
Pricing Policy
Prices are subject to change without notice. IRN strives to maintain stable pricing; however, reserves the right to make price adjustments in response to manufacturers’ price increases and, or market conditions. IRN and the customer agree that the terms and conditions hereinafter set forth shall govern the relationship between IRN and the customer to the extent that the parties do not have a written agreement in effect that conflicts with such terms and conditions. The customer acknowledges and accepts all such terms and conditions by placing an order for goods, and or services with IRN, and upon IRN’s delivery of the order to the customer.
Payment Terms
Invoice payment in full is due upon receipt unless otherwise agreed upon by IRN. IRN may charge an additional fee of 1.5% per month (18% per annum) or the maximum rate allowed by law, whichever is less, to late payments. All payments made by credit card will be subject to the applicable credit card service charge. On five days’ notice to the customer, IRN may suspend the performance of Services for non-payment until a reasonable time after the non-payment is cured. There is no right of offset, and the customer will take no deductions unless authorized to do so by IRN through the issuance of a credit memorandum. The customer will give IRN written notice of any incorrect charges within 90 days of the IRN invoice to which the claim relates. After 90 days, the originally invoiced amount will be considered to be correct.
Disclaimer of Warranties and Liability Limitation
IRN is not a manufacturer of instruments/tools or equipment and disclaims all warranties. The customer’s sole remedy for breach of a manufacturer’s warranty is against the manufacturer. IRN makes absolutely no warranties of any kind whatsoever, expressed, or implied, with respect to the quality, condition, or performance of equipment or patent infringement, including, without limitation, any warranty of merchantability or fitness for a particular purpose or arising from a common basis of understanding, law, usage, or trade practice. Under no circumstances shall IRN be subject to any consequential, incidental, indirect, special, punitive, or contingent damages whatsoever with respect to claims made under this agreement or by any consumer or other user of instruments, equipment, or supplies. Equipment and supplies are sold “as is.” IRN’s liability, at IRN’s option, is limited to the reperformance of the services or a refund of the service fee paid by the customer to IRN. This disclaimer of liability for all damages will not be affected if any remedy provided herein shall fail of its essential purpose.
Indemnification
The customer will retain ownership of instruments/tools equipment and the customer assumes the entire risk of loss, theft, and damage to all Equipment from any cause. The customer will ensure instruments/tools and equipment against loss, theft, and damage in an amount sufficient to cover the value of the equipment. Customer will indemnify, hold harmless and defend IRN, from and against any and all third-party claims, actions, suits, proceedings, liabilities, costs, and expenses, including attorneys’ fees, arising out of or resulting from instrument/tool or equipment damage or loss while in transport to or from customer location. Customer agrees to defend, indemnify, and hold harmless IRN and its affiliates, and their respective employees, agents, contractors, officers, directors, successors, and assigns from all liabilities, claims, damages, and expenses, including without limitation attorneys’ fees and costs that arise from transportation, handling, and the use or misuse of the instruments and equipment serviced. The customer acknowledges that there are multiple sources that can introduce contamination and the customer assumes full and sole responsibility for ensuring that the customer’s facility and medical equipment (including without limitation the Equipment and Devices) are free from contaminates. Customer will indemnify, hold harmless and defend IRN, from and against any and all claims, actions, suits, proceedings, liabilities, costs, and expenses, including attorneys’ fees, arising out of, or resulting from bodily injury, property damage, or loss of property to the extent arising from any such contamination, the Infection Control Processes, this Agreement and/or the negligence or willful misconduct of customer.
Terms and Conditions are subject to change at any time.