1. Scope of Agreement
These Terms of Sale ("Terms") govern all purchases of products from Hospital Supply HQ ("HSH," "we," "us," or "our"). By placing an order, you ("Buyer," "you," or "your") agree to these Terms.
These Terms supplement our Terms of Use and Privacy Policy. In case of conflict between these Terms of Sale and any other agreement, these Terms shall control unless otherwise specified in writing.
2. Orders and Acceptance
All orders are subject to acceptance by HSH. We reserve the right to:
• Accept or reject any order in whole or in part
• Cancel orders due to product unavailability, pricing errors, or credit issues
• Limit quantities on any order
• Require additional verification for large or unusual orders
Order confirmation does not constitute acceptance. Acceptance occurs only upon shipment of the ordered products.
3. Pricing
Prices are quoted in U.S. dollars and are subject to change without notice. The price in effect at the time of order placement applies to your order.
• Prices do not include applicable taxes, shipping, or handling charges
• Contract pricing requires a valid agreement on file
• Promotional pricing is subject to terms and expiration dates
• We are not responsible for typographical or system errors in pricing
• If we discover a pricing error after order placement, we will contact you before processing
4. Payment Terms
Payment is due at the time of order unless credit terms have been established.
CREDIT CARD ORDERS: We accept Visa, MasterCard, American Express, and Discover.
APPROVED ACCOUNTS: Qualified buyers may apply for credit terms. Standard terms are Net 30 from invoice date.
LATE PAYMENTS: Past due accounts are subject to:
• 1.5% monthly finance charge (18% annually) or the maximum rate permitted by law
• Suspension of credit privileges
• Collection costs and reasonable attorney fees
• Conversion to prepayment terms
We reserve the right to modify or revoke credit terms at any time.
5. Shipping and Delivery
Shipping terms are FOB Origin (shipping point). Title and risk of loss pass to Buyer upon delivery to carrier.
• Delivery dates are estimates only and not guaranteed
• We are not liable for delays caused by carriers, weather, or circumstances beyond our control
• Partial shipments may be made and invoiced separately
• Special delivery requirements may incur additional charges
• Buyer is responsible for providing accurate shipping information
Claims for shipping damage must be filed with the carrier. We will assist with documentation upon request.
6. Inspection and Acceptance
Buyer must inspect products upon receipt. Claims for shortages, damage, or non-conformance must be reported within:
• 48 hours for visible damage
• 10 business days for concealed damage or shortages
• 30 days for product defects
Failure to report within these timeframes constitutes acceptance of the products. Products used or altered are deemed accepted.
7. Returns
Returns are subject to our Return Policy and the following:
• RMA number required for all returns
• Products must be in original, unopened condition
• Returns accepted within 30 days of delivery
• Restocking fees may apply (up to 15%)
NON-RETURNABLE ITEMS:
• Opened sterile products
• Custom or special order items
• Hazardous materials
• Refrigerated or temperature-sensitive products (once shipped)
• Items marked "Final Sale"
• Products past expiration date
8. Warranty
Products sold by HSH carry the manufacturer's warranty only. HSH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty claims should be directed to the manufacturer. HSH will assist in facilitating warranty claims where possible. HSH's sole obligation for defective products is, at our option, to replace the product or issue a credit.
9. Limitation of Liability
HSH'S TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL HSH BE LIABLE FOR:
• Incidental, consequential, special, or punitive damages
• Lost profits or revenue
• Loss of use or data
• Business interruption
• Personal injury (except where caused by our gross negligence)
These limitations apply regardless of the theory of liability.
10. Indemnification
Buyer agrees to indemnify and hold harmless HSH from any claims, damages, or expenses arising from:
• Buyer's use or misuse of products
• Buyer's resale of products
• Buyer's failure to follow product instructions or warnings
• Buyer's violation of applicable laws or regulations
11. Regulatory Compliance
Buyer represents that it will:
• Comply with all applicable federal, state, and local laws
• Obtain and maintain all required licenses and permits
• Use products only for their intended purpose
• Not export products in violation of export control laws
• Comply with all product handling and storage requirements
Certain products may require credentials, licenses, or DEA registration. HSH reserves the right to verify compliance before processing orders.
12. Force Majeure
HSH shall not be liable for delays or failure to perform due to circumstances beyond our reasonable control, including but not limited to:
• Natural disasters, acts of God
• War, terrorism, civil unrest
• Government actions, embargoes
• Labor disputes, strikes
• Supplier failures
• Pandemics, epidemics
• Transportation disruptions
We will notify you of any force majeure event and work to resume performance as soon as practicable.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to conflicts of law principles.
Any dispute arising from these Terms shall be resolved exclusively in the state or federal courts located in Riverside County, California. The parties consent to personal jurisdiction in such courts.
THE PARTIES WAIVE ANY RIGHT TO JURY TRIAL IN ANY PROCEEDING ARISING FROM THESE TERMS.
14. Modifications
These Terms may only be modified by a written agreement signed by an authorized representative of HSH. No terms or conditions in Buyer's purchase orders or other documents shall modify these Terms unless expressly accepted in writing by HSH.
HSH reserves the right to update these Terms at any time. Updated Terms will apply to orders placed after the effective date.