1. PRICE.

The price for ASC’s products are as specified herein unless otherwise agreed by ASC and the purchaser as reflected in ASC’s invoice.  All prices are exclusive of transportation and insurance costs, duties, and all taxes.

2. DELIVERY AND RISK OF LOSS.

Unless otherwise agreed in writing, sales are FCA ASC’s place of business, meaning that the title and risk of loss transfers when the products are delivered to the common carrier at ASC’s place of business, that the cost of shipping is the purchaser’s responsibility, with shipping being arranged either by purchaser or by ASC on the purchaser’s behalf.  Unless otherwise agreed in writing, delivery dates are estimates and delivery time is not of the essence.  Unless otherwise agreed in writing, ASC does not accept liability for any loss arising from delay in delivery of products.

3. PAYMENT TERMS.

Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the date of invoice. Purchaser agrees to pay interest on any past due amounts at a rate equal to the lesser of one and one-half percent (1.5%) per month and the maximum amount permitted by law, calculated on a daily basis.  Unless otherwise agreed in writing, all payments are to be in United States dollars. For contracts outside the United States, ASC may require payment to be secured by an irrevocable letter of credit or a bank guarantee acceptable to ASC.  Where payment is made by letter of credit, all costs of collection shall be for purchaser’s account. In the event that ASC is required to bring legal action to collect delinquent accounts, the purchaser agrees to pay ASC’s reasonable attorney’s fees.

4. RETURN POLICY. To initiate a return, please send an email to customerservice@americansurgical.com to receive a Return Merchandise Authorization (RMA) number. Please include the following information in the email:

1. ASC Invoice Number
2. Customer PO Number
3. Product Number
4. Lot Number
5. Quantity To Be Returned
6. Reason for Return
7. Contact Information

ASC accepts the return of unopened and unused product boxes in the same condition as the customer received them within 30 days of the shipment date with a valid RMA number. The box seal must not be broken. Customer has 30 days to request an RMA number. No returns will be accepted without a valid RMA number on the outside of the box so that the RMA number is visible. An RMA will be voided if product is not received within 30 days of the date the RMA is issued. Shipments with an invalid or expired RMA number will be refused and returned to shipper, freight collect. There is a 10% restocking fee for all returns of non-defective products and the purchaser assumes all shipping expenses. Under no circumstances will a return for non-defective products be accepted after 60 days from the original invoice date. Discontinued or custom products are not eligible for return unless the product is defective, or the return is caused by an ASC error.
Please call 1-800-343-0060 for instructions on returning a defective product. ASC will pay shipping expenses for replacement products and returned defective products. The customer has the choice of receiving replacement products or a credit for defective products. There is no restocking fee for defective products or returns caused by an ASC error.

5. LIMITED WARRANTY.

ASC warrants that these devices are of merchantable quality, and free from material defects as of the date of delivery.  THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONE SHALL BE CREATED WHETHER UNDER THE UNIFORM COMMERCIAL CODE, BY CUSTOM OR USAGE IN THE INDUSTRY, OR COURSE OF DEALINGS.  The user of these medical devices must determine their suitability for any medical procedure.

6. LIMITATION OF LIABILITY.

7. APPLICABLE LAW.