Terms of service
These Terms & Conditions of Sale (“Terms”) govern orders placed via us.edm-imaging.com (“Site”) between you (“Buyer,” “you”) and EDM Medical Solutions / EDM Imaging USA LLC (“Seller,” “we,” “us,” “our”). These Terms apply exclusively to online orders unless otherwise agreed in writing. Any buyer terms or conditions that conflict with these Terms are rejected and do not bind us.
1. Ordering, Acceptance & Confirmation
- Orders submitted are offers to purchase, and we may accept or reject them in whole or part at our discretion (e.g. due to inventory, credit, fraud).
- We will send you order confirmation. Confirmation does not bind us until payment is authorized and we decide to fulfill.
- We may cancel orders for cause (product unavailability, pricing error, force majeure, etc.).
2. Prices, Payment & Taxes
- Our prices exclude taxes, shipping, and handling unless explicitly included.
- We reserve the right to adjust prices even after order confirmation in the event of cost increases beyond our control (raw materials, carriers, regulations, etc.).
- Payment is due immediately unless credit terms are granted in writing.
- If Buyer is exempt from tax, Buyer must provide valid exemption certificate.
- Buyer is responsible for any import duties, customs, or taxes not collected by us.
3. Shipping, Delivery, Title & Risk of Loss
- Delivery terms are FOB Seller’s shipping point. Shipping costs are added to the invoice.
- Title and risk of loss pass to Buyer when goods are delivered to the carrier.
- We may choose carriers or routes at our discretion.
- Shipping dates quoted are estimates; we are not liable for delays outside our control.
- If delivery is delayed for reasons beyond our control, we may reschedule or cancel orders without liability.
- Buyer must inspect goods on arrival and notify us of visible damage promptly (with photos, retaining packaging).
- Claims for damage or shortage must be made within 10 days of invoice/delivery date (whichever is later).
4. Returns, Exchanges & Defects
- Returns or exchanges require prior authorization (RMA). Unauthorized returns may be refused or penalized (e.g. restocking fee).
- Standard return window is 30 days from ship date (unless otherwise stated).
- Custom, made-to-order, or items marked non-returnable are non-refundable.
- Buyer bears return shipping costs unless item is confirmed defective.
- If an item is defective (and validated by us), we will replace or credit at our discretion and may provide a return label.
- Returned items must be in original packaging and in resalable condition.
- We may deduct restocking, inspection, or handling fees in some cases (e.g. 25% restock fee).
5. Warranty / Disclaimers
- To the extent provided by law, we disclaim all warranties except any expressly provided in writing.
- We do not warrant product performance when used improperly, off-label, or in violation of instructions or applicable law.
- We do not guarantee continuous availability or uninterrupted access to the Site or fulfilment capacity.
- Unless expressly stated otherwise, all products are sold “as is.”
6. Limitation of Liability
- To the maximum extent permitted by law, we will not be liable for indirect, incidental, special, punitive, or consequential damages (lost profits, business interruption, etc.).
- Our aggregate liability for any order or product is limited to the amount paid by Buyer for that order/product.
- This limitation does not apply to gross negligence, willful misconduct, or fraud (to the extent not disallowed under applicable law).
7. Indemnification
You agree to indemnify, defend, and hold us harmless (including our affiliates, officers, employees) from all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from:
- your misuse of products,
- breach of these Terms,
- violation of law or third-party rights,
- defects in Buyer’s premises or handling, etc.
8. Intellectual Property; User Content
- All content on the Site (texts, logos, images, software) is owned or licensed by us and protected by copyright, trademark, etc.
- You may only use the content for your internal use; you may not copy, modify, distribute, sell, or create derivative works without our consent.
- If you submit comments, feedback, reviews, or other materials (User Content), you grant us a perpetual, worldwide, royalty-free license to use, modify, publish, distribute them. You warrant that your content does not infringe rights or laws.
- We may remove or edit any User Content at our discretion.
9. Permitted & Prohibited Uses
You agree not to use the Site or our services for:
- illegal or unauthorized purposes, or in violation of law
- infringing intellectual property or privacy rights
- uploading viruses or malicious code
- disrupting the service, hacking, scraping data
- reselling or redistributing the Site or its content outside your internal business use
- spamming, phishing, or misuse of communication features
- any other activity we deem unacceptable in our discretion
We may suspend or terminate your access for violations.
10. Force Majeure
We are not liable for delays or failures caused by events beyond our control: natural disasters, strikes, pandemics, supply disruptions, governmental actions, carrier failures, etc. In such events, we may extend deadlines, substitute goods, or cancel orders without penalty.
11. Termination & Survival
- We may suspend or terminate your order or account if you breach any term, misuse products or services, engage in fraud, or act destructively.
- Termination does not relieve you of payment obligations or other accrued rights.
- Provisions (such as indemnification, limitation of liability, IP, governing law, and warranty disclaimers) survive termination.
12. Severability
If any provision of these Terms is held invalid or unenforceable, the remainder will continue in full force and effect as valid and enforceable to the fullest extent allowed by law.
13. Governing Law, Venue & Dispute Resolution
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These Terms are governed by the laws of the State of Florida, U.S., excluding its conflicts of law rules.
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Buyer and Seller agree that all disputes must be resolved exclusively in state or federal courts located in Broward County, Florida, unless we elect arbitration (under e.g. AAA rules).
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Buyer agrees to waive rights to jury trial and class actions unless prohibited by law.
14. Changes to Terms
We reserve the right to change or update these Terms at any time by posting the new version on our Site. Material changes will be effective upon posting (or as otherwise indicated). Your continued use of the Site or placing orders after changes constitutes acceptance.
15. Notices & Contact
All notices should be sent to:
EDM Imaging USA LLC
4081 SW 37th Avenue. Suite 9 & 10. Davie, FL 33314
Email: order@edm-imaging.com (or contact@edm-imaging.com)
Phone: (786) 410-3022 / Toll free: (877) 220-4567
16. Entire Agreement
These Terms, together with the incorporated policies (Return & Refund, Shipping, Privacy), constitute the complete agreement between you and us regarding your use of the site and purchase of products, superseding any prior agreements or terms.
