This agreement shall be governed in accordance with the laws of the Commonwealth of Kentucky. This is the entire agreement between Buyer and Seller unless modifications are noted in writing on business documents, quotations, invoices, and/or other transaction documents and signed by a duly authorized representative of Heartland Medical Sales and Services LLC. (the company). Any transaction between the Company and buyer shall be governed by this document. All cancellations or redirections require 30 days’ notice and may be subject to additional charges to the buyer. Heartland Medical Sales and Services LLC shall not be liable for any defects, non-performance, performance notwithstanding manufacturer specifications that result from normal wear or the buyer’s failure to use and or maintain the equipment according to manufacturer’s guidelines, recommendations, or service requirements. Buyers must comply with all applicable FDA rules regarding the sale or use of medical equipment.

All deliveries shall be F.O.B. Louisville, KY 40299 unless stated otherwise on business documents and signed by a duly authorized representative of the Company.

Prices are subject to change without notice. Pre-owned, demo, and remarketed equipment are subject to prior sale and availability.

Payment by the buyer is C.O.D., wire transfer, or pre-payment by check unless an approved credit application is on file and the buyer is in good credit standing with the company. In this case, 50% down payment is due upon order and balance due net 20 days from the ship date on the Company invoice. Any amount past due shall be subject to a 1.5% per month late fee and result in the buyer being removed from good credit standing with the company. All prices are in US Dollars and the buyer is liable for all collection fees.

All items are sold with a 1-year warranty unless otherwise stated on the transaction document. Exceptions to this are user-replaceable accessories, cables, rubber goods, batteries, sensors, cuffs, probes which carry a 30-day warranty unless stated otherwise on the transaction documents. During the stated warranty period, the company at their discretion will repair or replace any part of the equipment that is found to be defective in material or workmanship.

All returns, refunds, or credits must be authorized by Heartland Medical Sales and Services, LLC and will only be considered within 30 days of delivery.  Each return must be assigned an RMA number by the company.  Any items arriving at the company’s dock without such information on the outside of the package will be refused.  Canceled orders and returns are at the company’s discretion and will be subject to at least a 25% restocking fee, based on the original purchase price.  The restocking fee can be substantially higher for special order items and items that are not considered part of the normal stocking inventory of the company.  This policy does not apply to warranty failures.  Freight and other shipping charges related to returned goods shall be pre-paid and the responsibility of the buyer.  The company pays the freight to ship warranty repaired or replaced items back to the customer.

The Company in no event will be held liable for any direct, indirect, special, incidental, or consequential damages including negligence whatsoever, especially in regards to tort, strict liability, or contract. It is agreed by and between these parties that all disputes and matters arising under, a part of, in correction with or incident to this contract shall be litigated, if at all, in and before a court in the Commonwealth of Kentucky.

Title to and right of possession of the products sold shall remain with the Company until payment has been made in full. All debts and encumbrances are settled by the buyer and the buyer agrees to do all acts to perfect and maintain such right and maintain such right title in the company. The company shall have the right, without liability, to repossess such product with or without notice, and to avail itself of any remedy provided by law.

Buyer agrees to pay all fees related to the enforcement of this document and the preservation of Heartland Medical (the Company). Should any clause of this agreement be found voidable, that term will be severed and the remaining terms and conditions will be in force.