Terms

Returns

NAR MD carefully inspects all products prior to shipment, but if you receive the incorrect product or a product with a defect covered by NAR MD’s warranty, please notify NAR MD customer service within 24 hours of receipt.

NAR MD does not accept returns, except in the case of errors caused by NAR MD. However, requests for returns may be accepted in NAR MD’s sole discretion. Such discretionary returns are subject to a 15% restocking fee, shipping charges are nonrefundable, and Buyer is responsible for arranging and paying for return shipping.

To request a return, contact customer service to receive a Return Merchandise Authorization and return instructions.

Orders and Cancellations

NAR MD may accept or reject any order. Once accepted, orders may not be cancelled. Cancellations may be granted at NAR MD’s sole discretion. To request a cancellation, contact customer service.

Pricing and Shipping

Prices may change without notice. Any price changes effective after you submit your order will not change the prices on your order and no price adjustments will be made. Prices do not include charges for shipping and applicable taxes, and such amounts will be added to your order and are your sole responsibility.

Unless otherwise agreed in writing with NAR MD, shipping is FOB origin, and title to products pass to Buyer at the time the product is loaded at the shipper’s dock. Delivery dates are not guaranteed. Buyer’s sole and exclusive remedy for failure to deliver is refund of monies paid for products. All prices and payments are in U.S. dollars.

NAR MD does not ship outside of the United States except to U.S. federal agencies and APO, DPO, or FPO addresses. For international orders outside of the stated exceptions, please contact customer service.

Written quotes are only valid for 30 calendar days from origination date.

Product Warranty and Limitation of Liability

NAR MD WILL PASS THROUGH TO BUYER ALL TRANSFERABLE WARRANTIES PROVIDED BY THE MANUFACTURER, IF ANY. ALL PRODUCTS SOLD BY NAR MD ARE SOLD “AS IS,” AND NAR MD DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND THE BUYER SHALL LOOK TO THE MANUFACTURER OF THE PRODUCT FOR ANY WARRANTY.

BUYER AGREES TO LOOK SOLELY TO THE MANUFACTURER OF THE PRODUCT FOR ANY CLAIM ARISING DUE TO LOSS, INJURY, DAMAGE, OR DEATH RELATED TO THE USE OR SALE OF PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NAR MD WILL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES; BUYER’S SOLE REMEDIES ARE SET FORTH IN THE WARRANTY.

Indemnification

Buyer agrees to defend, indemnify, and hold harmless NAR MD from and against any Losses, by reason of or arising out of any suit or claim against NAR MD relating to (i) any breach of Buyer’s obligations under these terms, (ii) the negligence, gross negligence, or willful misconduct of Buyer, (iii) Buyer’s violation of any applicable law or governmental regulations, or (iv) misuse of NAR MD’s website. Losses means any liability, loss, expense, cost, claim, or judgment, including reasonable attorneys’ fees.

Buyer Requirements

By purchasing from NAR MD, you represent you have obtained all applicable governmental registrations, approvals, licenses, permits, and authorizations from all federal, state, and local authorities necessary for the purchase, possession, or use of any product purchased. You represent you are not on any restricted party list, including the Denied Persons List and Specially Designated Nationals List. Products are only for use with proper training, per the manufacturer’s specifications, and (if applicable) per the manufacturer’s instructions for use.

Prescription Medical Devices

Federal law requires purchase of a drug or medical device labeled "Caution” or “Rx Only'' be by or under the supervision of a licensed medical practitioner. By purchasing such a drug or device, you certify either (i) you are licensed to purchase “Caution” or “Rx Only” drugs or devices or (ii) you are operating under the supervision and direction of an individual licensed to purchase “Caution” or “Rx Only” drugs or devices (e.g., a medical director). If you are purchasing on behalf of an entity (e.g., EMS) you further certify you are authorized to purchase drugs or devices labeled “Caution” or “Rx Only” for that entity.

Credit Policy

U.S. Federal agencies are prequalified for Net 30 payment terms. All other customers may fill out a new account application for credit review by contacting customer service. An account supported by a line of credit will receive a 2% late charge per month for past due invoices (or the maximum rate allowed by law if such rate is less than 2% per month). NAR MD reserves the right to deny credit terms to any customer, to move any account to pre-paid terms, and, if delinquent, place in an account in hold status. Customers may pay with credit card on orders placed up to $100,000. Orders greater than $100,000 must be paid via ACH, wire, or check.

Intellectual Property

Buyer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs, or any other intellectual property rights (IP) of NAR MD or its suppliers. All materials contained in NAR MD catalogs or on its web sites are subject to the ownership rights of NAR MD and its suppliers. Buyer shall have no right to copy or use any IP of NAR MD or its suppliers without NAR MD’s express, written permission.

General

NAR MD’s acceptance of orders is expressly made conditional on Buyer’s assent to these terms. Statements, clauses, or conditions modifying, adding to, or inconsistent with these terms contained in any order submitted by Buyer are void, and do not become part of the agreement between NAR MD and Buyer without NAR MD’s express written acceptance of those statements, clauses, or conditions. NAR MD’s fulfillment of any order shall not be construed as assent to any of the terms proposed by Buyer and will not constitute a waiver by NAR MD of any of NAR MD’s terms.

This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings relative to such subject matter. No provision or term herein may be modified, supplemented, waived, discharged, terminated, or otherwise altered except in writing signed by the parties.

Any failure or delay by either NAR MD in exercising any right or remedy provided by or relating to this agreement does not constitute a waiver and shall not prohibit NAR MD from exercising such right or remedy at a later time or from exercising any other right or remedy available.

The provisions of these terms are separate and independent covenants. Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.

NAR MD shall not be liable for any loss arising out of any delay or failure in the performance of its obligations hereunder that result from events beyond its reasonable control, including (a) acts of God; (b) acts or regulations of any governmental or national authority; (c) war, terrorism, or other civil unrest; (d) accident, fire, flood, epidemic, or other natural event; (e) strikes, industrial disputes; or other labor matters; or (f) shortages in labor or supplies.

Notices and other communications given under this agreement will be in writing and effective if delivered via (a) hand-delivery; (b) certified United States mail; (c) overnight courier; (d) electronically to [email protected]; or (e) any other method in which proof of receipt can be independently verified.

Buyer agrees disputes regarding the provisions and performance of this agreement shall be resolved according to the Conflict Resolution Appendix (Employment/Services 2018) which is incorporated into this agreement by reference. This agreement will be governed by, construed under, and interpreted according to the laws of the State of South Carolina without regard to conflict-of-laws principles. The Parties agree the courts in Greenville, South Carolina, whether state or federal, shall have exclusive jurisdiction in any proceeding initiated