Purchases of instruments, devices, equipment and accessories (“products”) from Endosource Inc. are subject to, and governed exclusively by, these Terms and Conditions, all of which constitute the sole and entire agreement between Endosource Inc. and you with respect to such purchases.

1.   Endosource Inc. sells its products only to medical facilities, licensed providers of medical services, governmental agencies and educational institutions, and to customers that sell, lease and/or rent the products to the foregoing.

2.   By purchasing products from Endosource Inc.: (a) you accept and agree to be bound solely by these Terms and Conditions, (b) you agree that any conflicting, inconsistent and/or additional provisions contained in any documentation or communication by you shall be of no force or effect and these Terms and Conditions will supersede and prevail over such conflicting, inconsistent and/or additional provisions, (c) you represent and warrant that you are a medical facility, licensed provider of medical services, governmental agency or educational institution or that you sell, lease and/or rent to the foregoing any products you purchase from Endosource Inc., and (d) you acknowledge and accept all responsibility for federal, state, local and foreign regulatory compliance required in the further sale or use of products purchased from Endosource Inc.

3.   The sale of these items may be subject to restriction by the U.S. Food and Drug Administration, state and local regulatory agencies. If so, do not buy this item unless you are an authorized purchaser.

Depending on the customer’s shipping address, regions outside of Canada and the U.S. have varied regulations regarding the sale of new and used medical equipment. Please refer to your local customs regulations before placing order. Also, contact your local customs office for any questions/concerns you may have regarding the delivery of goods.

All products are sold, and accepted by you, in “as is” condition, subject only to this Limited Warranty Policy. Products sold by Endosource are warranted to be in good working order and free from defects in workmanship and materials for 7 days from date of sale. Any product with such manufacturing default may be returned for credit pending product evaluation upon receipt. However, they also come with one year manufacturer warranty against workmanship and material. Manufacturer does not cover end user's fault.

Endosource’s warranty, if any, will be immediately VOID if any attempted or actual repairs or damage are not incurred by Endosource. Improper or incorrect assembly of equipment or any misuse will also VOID any warranty. Endosource is not responsible for any repair or service costs incurred by customer.

LIMITATION OF LIABILITY

Endosource Inc. is not liable, directly or by way of indemnity, either expressly or impliedly, for: (1) any damages which might arise or be caused, whether by you or by any of the users of the products provided by Endosource, as a result of, in connection with, or otherwise attributable to: (a) misuse, abuse, mishandling and/or improper operation of the products; (b) any repairs, servicing, modifications and/or alterations (c) use in combination with adaptors, accessories and/or equipment from other manufacturers or, (d) use in any manner other than those for which such products are designed and are otherwise intended to be used; and, (2) any special, incidental, consequential, punitive, exemplary or indirect damages, including but not limited to alleged damages for delayed shipment, non-delivery, product failure, product design or production, inability to use such products, loss of future business (lost profits), or from any other cause, whatsoever, in connection with or arising from the purchase, sale, lease, rental, installation or use of such products or with respect to these Terms and Conditions even if a party has been advised of the possibility of such damages.

RETURNED GOODS POLICY

Buyers are given a seven (7) day money back warranty on goods, provided that the goods are returned in the same cosmetic and operational condition. Buyer will be charged a minimum 20% restocking fee for all returned goods.  Customer is responsible for shipping costs related to returned goods.  If customer claims the goods received are non-conforming or defective, Endosource Inc. shall have commercially reasonable time in which to repair or replace them with conforming goods, otherwise, Endosource’s  restocking fee, shipping and other expenses incurred by Endosource, as a result of this sale, will be charged to the Buyer.

If any product becomes damaged and is not immediately returned for repair/exchange, Endosource Inc. assumes no responsibility or liability for continued use of that damaged product. Returns must be carefully packed and pre-paid to Endosource Inc. Shipping charges will be reimbursed if the return was due to an error on the part of Endosource Inc. When returning products, you must include a copy of the original invoice or packing slip to ensure prompt issuing of credit.

Although products are carefully packed to minimize in-transit damage, all shipments should be carefully examined upon receipt and if a product is damaged, you must document the nature and extent of the damage and immediately contact Endosource Inc. If concealed loss or damage is discovered, you must retain all packing materials and immediately notify Endosource Inc., requesting an inspection. If shipments are received short, you must contact Endosource Inc. at once. Endosource Inc. is not liable for any damages caused by, or attributable to, delays and/or non-delivery due to any cause whatsoever.

Prices and Terms are subject to change without notice. In the event that any item(s) are for any reason out of stock, discontinued, or not capable of delivery, Endosource’s liability shall be limited to the refund of any monies the customer may have paid for such items that are not deliverable.