Terms and Conditions
ALL GOODS SENT TO A MAXX POSITIVE CUSTOMER IS FOR HIS OR HER USE ONLY IN THEIR PROFESSIONAL PRACTICE ONLY.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL MAXX POSITIVE BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) FROM ANY CAUSE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY UNAVAILABILITY OF, DEFECT IN, OR MISSHIPMENT OF PRODUCTS, REGARDLESS OF WHETHER SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIM OR DEMAND.
MAXX POSITIVE'S LIABILITY ON ANY CLAIM FOR LOSS, COST, DAMAGE, EXPENSE OR OTHER LIABILITY ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS, OR ANY OBLIGATION RESULTING THEREFROM, OR THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, SERVICE, OR USE OF ANY PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS LIABILITY ARISING FROM BREACH OR CONTRACT) SHALL IN NO CASE EXCEED THE PRICE OF SUCH PRODUCTS INVOLVED IN SUCH CLAIM.
EXCEPT AS SET FORTH HEREIN, THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AS IT RELATES TO THE PRODUCTS. COMPANY'S SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY OR FOR ANY BREACH OF THE CONTRACT DOCUMENTS SHALL BE, AT COMPANY'S OPTION, TO REPAIR OR REPLACE THE PRODUCT, OFFER A CREDIT OR OFFER A REFUND.
COMPANY SHALL NOT BE LIABLE FOR ANY OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOST PROFITS, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
IN NO EVENT SHALL COMPANY'S LIABILITY FOR ANY CLAIM RELATING TO A PRODUCT PURCHASED BY CUSTOMER EXCEED THE AMOUNT CUSTOMER PAID FOR SUCH PRODUCT.
Invoices will be dated as of the date of the shipment, and unless otherwise agreed to in writing, are payable with credit card. Maxx Positive may suspend shipment of Products to Customers whose credit card are declined, at no liability to Maxx Positive. Due to Supplier‘s price increases or decreases or other events outside of Maxx Positive‘s reasonable control, pricing is subject to change without prior notification. Customer is responsible for all federal, state or local sales, use or excise tax imposed with respect to the Products.
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.
Drop Shipments. Drop shipped items will be shipped directly from the Supplier. Since delivery times may vary, please ask Maxx Positive‘s representative for details when placing an order.
Refrigerated Shipments. Any item requiring refrigeration may be shipped separately from the rest of an order. Items are shipped on ice Monday through Wednesday only, and will arrive in two (2) business days. Refrigerated items cannot be returned, unless there was an error on Maxx Positive part. Hazardous Materials. The Department of Transportation has determined that shipment of hazardous materials requires special handling. Hazardous material charges will be the responsibility of Customer and will be added to Customer‘s invoice. Please see important information in the Returns Section.
Licensure Required. In order to ship prescription drugs and devices to a Customer, a copy of Customer‘s current in date medical License must be on file with Maxx Positive.
Maxx Positive will use its reasonable efforts to deliver products on or before the estimate delivery date, but shall not be liable in damages or otherwise for failure to do so, regardless of the cause. All backordered items will be shipped immediately upon receipt from Maxx Positive's supplier.
Maxx Positive reserves the right to cancel any item from customer's order if the item is not received within 30 (thirty) days from the date of the backorder. Maxx Positive has the sole right to select the form of transportation.
All deliveries should be inspected for shipping damage before accepting delivery. If damage has occurred, customer should note the extent of the damage and contact Maxx Positive immediately. Maxx Positive's responsibility for loss or damage ceases when the products are accepted by the carrier. In no event will Maxx Positive be held liable for any damages or expenses caused by delay in delivery.
Customer will have three (3) days from the date of delivery to inspect the Products and to reject any or all Products which are defective or nonconforming. Products rejected may be promptly returned to Maxx Positive at Maxx Positive‘s expense; provided however, such Products are returned no later than thirty (30) days from invoice date. Credit will be given for incorrectly shipped, damaged, or defective products. In no event will Maxx Positive consider claims for damage or errors in shipment unless notice of such claims are transmitted to Maxx Positive within three (3) days after receipt of the allegedly damaged goods together with documentation substantiating the claim and unless made with the freight carrier in accordance with such carrier‘s policies and procedures. All return freight charges for Products that are deemed to be not defective or nonconforming are the responsibility of Customer. All Product shortages must be reported to Maxx Positive‘s Customer Relations department at +1 (713) 861-7000, within three (3) days of invoice date. The following products have restrictions or are not returnable:
-out of date products
- items shipped on ice or dry ice
- opened or defaced products
- used instruments or equipment
- oxygen tanks
- flu vaccines and other vaccines
SPECIAL OFFERS: No more than one special offer, coupon or discount can be used in any one order. Special offers, coupons or discounts can only be applied at time of order and may not be applied to any previous order. Prices and products are subject to change without notice.