1. WARRANTIES: MEDMAL provides the following warranties*:
- New Products. MEDMAL warrants that all new products (“New Products”) provided by MEDMAL will be subject to the original manufacturers’ warranties, which MEDMAL agrees to make available to You (“Customer,” “You” and “Your”); and
- Used and Refurbished Products. MEDMAL warrants that all used and refurbished Products provided by MEDMAL will be free of material defects in (I) parts supplied by MEDMAL (for 12 Months) and (II) our workmanship (for 90 Days) from and after the date of shipment, and agrees that, if You (“Customer,” “You” and “Your”) provide Us with written notice of any such defect within the above referenced time period(s), We will inspect the Product(s), and if We discover the claimed defect(s) in fact exist(s), We will promptly repair or replace such Products at our sole cost and expense, using new, or at Our discretion, quality recycled parts.
- Warranty applies only to products purchased and used in the Republic of Türkiye. For products purchased in, but used outside the Republic of Türkiye, this warranty covers only services rendered within the Republic of Türkiye and does not include shipping outside the Republic of Türkiye.
- MEDMAL export terms and conditions are available upon request.
- ii. Export taxes are not collected by MEDMAL.
The aforementioned warranties replace any and all other explicit and/or implied guarantees. Except as expressly set forth herein, we make no express or implied warranties (including, without limitation, any and all warranties of suitability, merchantability, and/or fitness for a particular purpose), nor do We make any warranties against interference, infringement, that the product(s) is/are suitable for your intended use, application, or environment, or that any product is free from defects (latent or patent), and no such warranties shall be deemed to exist. Consequently, you renounce any and all such guarantees. We are not liable to You or any third party for any liabilities, claims, injuries, losses, costs, or damages arising out of or in connection with the use, any failure of, or any unknown defect in or with respect to any of these products and/or their installation, transportation, or storage (collectively, “Claims and Damages”). Your only recourse in the event of product failure is repair or replacement, as indicated above.
You waive (both for Yourself and for each of Your parents, affiliates, subsidiaries, insurance companies, and subrogees, and Your/their respective successors, assigns, and customers) any and all such claims and damages, including, without limitation, lost time, lost profits, costs of cover (obtaining replacement product(s) and/or performance from another source), property damage, incidental, consequential, special, and punitive damages.
SAFETY INSTRUCTIONS. You acknowledge that You have received, carefully reviewed, and are satisfied with the training, instructions, operating and user manuals, and other information (including all training required under applicable Standards, if any) provided by the Product’s original manufacturer (“OEM”) and/or Us regarding the proper and safe transportation, use, maintenance, repair, and storage of the Products (“Instructions”). You shall strictly adhere to and ensure that your employees and agents read and strictly adhere to all such Instructions. You will only use the Product(s) for the intended purpose(s), in a safe and reasonable way, and in full accordance with all relevant federal, state, and local laws, rules, and regulations. Use of the goods for any purpose or in any way other than as indicated above, or continuing use of any faulty, damaged, or malfunctioning product, may result in bodily harm, property damage, or death. Consequently, you undertake to promptly cease using any Product discovered to be faulty, in need of repair or maintenance, or otherwise not performing as intended.
2. RECEIPT/INSPECTION OF PRODUCTS:
You agree that, upon delivery of any Product(s), You will promptly check them to confirm that they are safe, in excellent functioning condition and repair, and otherwise acceptable to You. You recognize that You chose the Product(s) based on Your assessment that it/they are suitable for Your purposes, usage, application, and environment, and not on Our advice. Except as specifically set out above, we supply each Product AS IS, WHERE IS, and without guarantee as to its condition or suitability for Your intended use.
3. USE, TRANSPORTATION AND STORAGE
You accept that the ownership, use, transit, and/or storage of the Products may pose a risk of bodily harm and/or property damage. Unless otherwise agreed upon by MEDMAL in writing, all Products are delivered FOB shipment point (Incoterms 2000). You release and dismiss us from any and all liens, obligations, and claims emerging in connection with the same, including, but not limited to, any and all claims originating or in connection with our negligence (other than our own intentional misconduct).
4. HOLD HARMLESS/INDEMNITY
You undertake all risks connected with the Product’s ownership, usage, shipping, and storage (s). You agree to indemnify, defend, and hold harmless MEDMAL, its parents, affiliates, and subsidiaries, and their respective officers, directors, shareholders, agents, employees, representatives, successors and assigns, from and against any and all liabilities, claims, damages, losses, costs, and expenses (including, but not limited to, attorney’s fees, claims for bodily injury(ies) (incl.
5. SITE PREPARATION
If We are to supply any Product(s), you agree to have the delivery site cleaned and prepared for delivery and installation, and you agree to pay an extra fee for any delay incurred or additional work done by Us as a consequence of your failure to do so in a timely manner.
6. SUBCONTRACTING AND ASSIGNMENT
You may not transfer any rights, remedies, or obligations arising under or in connection with this agreement.
7. DTPA WAIVER
I (the Customer) relinquish my rights under the Deceptive Trade Practices-Consumer Protection Act, Business & Commerce Code, Section 17.41 et seq., which grants consumers particular rights and safeguards. After consulting an attorney of Your choosing, You agree freely to this waiver.
8. REFUNDS / RETURNS / CANCELATIONS / EXCHANGES
The customer will be charged a 5% transaction fee for any purchases that are made and then canceled. A 20% restocking charge will apply to all purchases. Electrical products, custom requests, and anything needing upholstery or laminate choices cannot be returned. Returned products must be in resalable condition and unopened. Within 30 days of returned equipment, refunds are provided. There is no reimbursement for shipping costs. Unopened handpieces cannot be returned for credit, but will be fixed or replaced in compliance with the warranty. Before returning any goods, a valid RMA number must be obtained. Our Customer Service Department can provide you with this information. The Purchaser may cancel their purchase only with MEDMAL‘s written agreement and upon payment of cancellation/restocking costs.
9. MISCELLANEOUS
This Sales Order is the whole and conclusive agreement between You and Us and cannot be changed orally. There are no guarantees, warranties, or other commitments that are not mentioned in this Sales Order. You accept that this Sales Order may only be modified by a written document signed by both parties. This Sales Order will be governed by and interpreted entirely in accordance with the laws of the Republic Of Türkiye, and the appropriate forum for any legal action attempting to interpret or enforce this Sales Order shall be the courts situated in the Republic Of Türkiye. This Sales Order divides between You and Us the risk of harm or damage to people or property resulting from the Products’ transit, storage, or usage. You acknowledge that this allocation is fair and reasonable in light of the amounts being charged herein, and it is reflected in the amount(s) charged by MEDMAL. All orders less than $5,000 must be paid in full at the time of purchase. Larger equipment orders need a 50% deposit, with the rest payable prior to shipping. A $25 minimum order amount applies to all purchases. The provisions of Sections 1-9 shall apply not only to the Product(s) listed on the reverse side of this Sales Order, but also to any and all additional Products that You may buy from us in the future (except only as expressly set forth in any Sales Order or other contracts subsequently executed by You and MEDMAL).
10. PRICE POLICY
MEDMAL retains the right to make any necessary corrections for typographical mistakes. We make every attempt to honor pricing throughout the length of this publication, but we retain the right to modify prices in the event of unanticipated price rises. However, we will inform you of any price increases prior to the execution of an order.
11. AVAILABILITY
All items are subject to availability. Prices might be subject to change according to market circumstances. In the event of price hikes, we shall seek Your agreement before proceeding.
12. PICTURES
Images and other visual representations are for illustrative purposes only. The brand, model, color, and manufacturing date of the product You purchase may vary. Call us for information.
13. COST OF EQUIPMENT
The cost of equipment does not include installation, new plumbing, alterations to existing plumbing, electrical work, carpentry, or flooring. Non-supplied by the manufacturer installation, connection, and/or disconnection parts and materials will be invoiced to the consumer. MEDMAL assumes no liability for work done by anybody other than its own personnel.
14. MEDMAL equipment is shipped FOB
The Republic Of Türkiye or Shipping Point MEDMAL shall not be liable for failure or delays in delivery or performance due to causes beyond its reasonable control, including, but not limited to, delays in manufacture or transportation, acts of the purchaser or others acting on behalf of the purchaser, strikes or other labor difficulties, governmental controls or actions, acts of God, or other calamities. In the case of such a delay, the date of delivery or performance will be extended by the amount of time lost due to the delay.
15. INSTALLATION
All installations must be conducted by a certified/qualified technician; otherwise, the warranty on your equipment might be voided. All x-ray equipment must be installed in compliance with local regulations.
* Used intraoral dental sensors are guaranteed for just thirty (30) days. (a) You try to fix the Product without Our help; (b) the Product is damaged as a consequence of inappropriate use and/or care, incorrect packaging, or mistreatment by any common carrier; or (c) the Product is installed by anyone other than a competent dental technician approved by MEDMAL.
