Customer is solely responsible for determining the suitability of products for their intended application. Epic CV does not guarantee product performance for specific applications unless expressly stated in writing.

(Equipement and Supplies)

Terms and Conditions of Sale

Product Selection and Application

Prices are based on current supplier costs at the time of quotation. Epic CV reserves the right to adjust pricing prior to order confirmation due to supplier price changes, material cost increases, tariffs, or other market factors.

Pricing

Taxes

All prices are exclusive of applicable sales, use, excise, or similar taxes, tariffs, duties, or governmental charges. Such taxes will be added to the invoice where required. Customers claiming tax-exempt status must provide a valid exemption certificate prior to order processing.

Payment Terms

Payment terms shall be as stated on the quotation or invoice. Epic CV reserves the right to require a deposit or full payment prior to shipment. Any unpaid balance past due may accrue interest at a rate of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less.

Ownership / Retention of Title

All products supplied by Epic CV remain the property of Epic CV until payment in full has been received. Until such payment is made, Customer shall not sell, transfer, or otherwise dispose of the products without prior written consent from Epic CV.

Shipping Terms

All equipment is sold FOB Shipping Point unless otherwise agreed in writing. Freight charges will be prepaid by Epic CV and added to the Customer’s invoice unless otherwise specified.

Shipping Method

Unless otherwise requested and approved, all orders will be shipped via FedEx Ground or equivalent carrier.

Risk of Loss

Risk of loss or damage to products transfers to the Customer upon delivery of the products to the shipping carrier.

Delivery

Any delivery dates provided are estimates only. Epic CV shall not be liable for delays resulting from supplier delays, transportation interruptions, material shortages, labor disputes, or any circumstances beyond its reasonable control.

Inspection and Damage Claims

Customer is responsible for inspecting all shipments upon receipt. Any visible damage must be noted with the carrier at the time of delivery. Any claims for shortages, defects, or damage must be submitted to Epic CV within ten (10) business days of receipt.

Order Changes and Cancellations

Orders may not be changed or cancelled after acceptance without written approval from Epic CV. If cancellation is approved, Customer may be responsible for all costs incurred, including materials purchased, labor performed, and applicable restocking charges.

Returns

Products may not be returned without prior written authorization from Epic CV. Approved returns may be subject to inspection and restocking fees and are subject to applicable manufacturer's return policies.

Unless otherwise stated in writing, Epic CV warrants that products supplied will conform to manufacturer specifications. All warranties related to products are limited to those provided by the original manufacturer. Epic CV makes no other warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose.

Warranty

Limitation of Liability

To the fullest extent permitted by law, Epic CV shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, loss of use, or downtime, arising from the sale, delivery, installation, or use of the products.

Collection Costs

Customer agrees to pay all costs of collection incurred by Epic CV in recovering unpaid balances, including reasonable attorney fees, court costs, and collection agency fees.

Force Majeure

Epic CV shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, supplier failures, government actions, transportation delays, or shortages of materials.

Entire Agreement

These Terms and Conditions, together with the quotation and any written acceptance, constitute the entire agreement between Epic CV and Customer and supersede all prior discussions or agreements. Any modifications to these Terms must be in writing and signed by an authorized representative of Epic CV.

Governing Law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising under this agreement shall be resolved exclusively in the state or federal courts located in Lee County, Florida, and each party hereby consents to the jurisdiction of such courts.

Indemnification

Customer agrees to indemnify, defend, and hold Epic CV harmless from any claims, losses, damages, or expenses (including reasonable attorney fees) arising from the purchase of equipment or supplies and Customer’s improper use, installation, modification, or application of equipment and supplies resold by Epic CV.

Compliance with Laws

Customer is responsible for ensuring that all products are used in compliance with applicable federal, state, and local laws and regulations, including applicable FDA regulations and facility accreditation requirements. Epic CV makes no representation that any product is approved or cleared for any specific clinical use.

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