Terms and Conditions

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These Terms and Conditions govern all sales, quotations, repair exchange transactions, website usage, and business conducted with Simon Medical, Inc. By purchasing products or services from Simon Medical, Inc., the purchaser agrees to these Terms and Conditions.

Simon Medical, Inc. supplies new, refurbished, and pre-owned medical equipment, accessories, replacement parts, and repair exchange services to healthcare providers, distributors, biomedical organizations, physicians, surgery centers, hospitals, and other qualified purchasers.

All products are sold subject to these Terms and Conditions.

Unless otherwise stated in writing, equipment sold by Simon Medical, Inc. may be new, refurbished, or pre-owned.

Customers are responsible for reviewing product descriptions, photographs, specifications, included accessories, and compatibility requirements before purchasing.

Cosmetic condition may vary between products and does not affect functionality unless specifically disclosed.

Equipment undergoes inspection and functional testing procedures appropriate for the device type prior to shipment.

Testing is intended to verify functionality at the time of shipment and does not guarantee future performance, compatibility, or suitability for a particular application.

All equipment should be inspected, tested, and approved by the purchaser's biomedical department or qualified personnel before clinical use.

The purchaser is solely responsible for:

• Determining product suitability
• Verifying compatibility with existing equipment
• Verifying regulatory compliance
• Inspection and acceptance upon delivery
• Biomedical evaluation prior to use
• Proper installation and operation
• Compliance with local, state, federal, and international regulations

Simon Medical, Inc. makes no representation that equipment may be legally used in any specific jurisdiction.

Warranty coverage is governed by the applicable Simon Medical, Inc. warranty policy provided with the quotation, invoice, listing, or sales documentation.

Warranty coverage applies only to defects in functionality under normal use conditions.

Warranty does not cover:

• Consumables
• Batteries
• Cosmetic condition
• Shipping damage after delivery
• User error
• Misuse
• Negligence
• Improper installation
• Unauthorized repairs
• Software issues
• Software updates
• Calibration services
• Customer-induced damage
• Acts of nature
• Damage resulting from improper storage or transportation

Simon Medical, Inc.'s sole obligation under warranty shall be repair, replacement, exchange, store credit, or refund at its sole discretion.

Most equipment may be returned within 60 days of delivery, subject to inspection and approval by Simon Medical, Inc.

To qualify for return:

• Equipment must be returned within 60 days of delivery
• Equipment must be returned in substantially the same cosmetic and functional condition as received
• All original components, accessories, attachments, handpieces, foot pedals, cables, power supplies, and included items must be returned
• Equipment must be properly packaged for transportation
• Return authorization must be obtained prior to shipment

Returns containing missing components will not be eligible for refund and may be returned to the customer at the customer's expense.

The customer is responsible for all return shipping, freight, insurance, customs clearance, duties, taxes, brokerage fees, and transportation costs associated with returning equipment.

The return policy is intended to provide confidence in purchasing decisions and is not intended to function as a rental program, loaner program, demonstration program, evaluation program, backup inventory program, or temporary replacement solution.

Equipment purchased for temporary use while another system is being repaired, serviced, evaluated, or replaced may not qualify for return.

All returned equipment is subject to inspection upon receipt.

Equipment returned with damage, excessive wear, unauthorized modifications, misuse, or conditions inconsistent with the intent of this policy may not be eligible for refund.

The following items may not be eligible for return:

• Consumables
• Sterile products
• Single-use products
• Custom-configured products
• Special-order products

Simon Medical, Inc. reserves the right to deny returns involving misuse or abuse of the return policy.

Repair exchange services are intended to provide customers with replacement equipment in exchange for eligible equipment.

Eligibility, warranty coverage, and exchange requirements vary by product and service type.

Simon Medical, Inc. reserves the right to determine exchange eligibility and acceptance criteria.

All pricing is subject to change without notice.

Orders are not considered accepted until payment has been received and accepted by Simon Medical, Inc.

Simon Medical, Inc. reserves the right to cancel orders resulting from pricing errors, inventory discrepancies, supplier issues, or circumstances beyond our control.

All U.S. parcel shipments are shipped via FedEx Priority Overnight unless otherwise specified.

International parcel shipments are shipped via FedEx International Priority unless otherwise specified.

Large systems, oversized equipment, and palletized orders may require freight transportation.

Domestic freight shipments typically require:

• Up to 5 business days for custom crating and preparation
• Approximately 5 business days transit time via FedEx Freight

International freight shipments may require:

• Up to 5 business days for custom crating and preparation
• Up to 45 days for final delivery depending on destination country, customs processing, and transportation requirements

Transit times are estimates only and are not guaranteed.

The purchaser is solely responsible for:

• Customs clearance
• Import permits
• Import licenses
• Regulatory approvals
• Import duties
• VAT
• GST
• Brokerage fees
• Taxes and government fees

Simon Medical, Inc. is not responsible for delays caused by customs inspections, customs holds, import restrictions, documentation requests, regulatory reviews, governmental actions, port congestion, carrier delays, or other events beyond our control.

Refunds, credits, exchanges, replacements, cancellations, or chargebacks will not be issued for shipments delayed, held, refused, abandoned, confiscated, seized, or otherwise impacted by customs authorities or governmental agencies.

Title to and risk of loss pass to the purchaser upon delivery of the shipment to the carrier.

Simon Medical, Inc. shall not be responsible for delays, losses, confiscations, seizures, customs holds, import restrictions, or governmental actions occurring after transfer to the carrier.

To the fullest extent permitted by law, Simon Medical, Inc. shall not be liable for:

• Loss of revenue
• Loss of profits
• Loss of business
• Procedure cancellations
• Operating room downtime
• Scheduling disruptions
• Consequential damages
• Incidental damages
• Special damages
• Indirect damages

Under no circumstances shall Simon Medical, Inc.'s liability exceed the original purchase price paid for the product.

Inventory is offered on a first-come, first-served basis.

Product availability, pricing, specifications, included accessories, and configurations are subject to change without notice.

All manufacturer names, trademarks, product names, and logos remain the property of their respective owners.

References to manufacturer products are provided solely for identification and compatibility purposes.

Simon Medical, Inc. is not affiliated with, endorsed by, or authorized by any manufacturer unless expressly stated.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada.

Any dispute arising from transactions with Simon Medical, Inc. shall be resolved exclusively in the state or federal courts located in Nevada.

These Terms and Conditions, together with any applicable quotation, invoice, warranty policy, and return policy, constitute the entire agreement between Simon Medical, Inc. and the purchaser.

Simon Medical, Inc.

Henderson, NV 89011

Phone: (916) 380-9733
Email: fsimon@simonmedicalinc.com
Website: simonmedicalinc.com