Terms of Sale
These Terms of Sale apply to all quotations, orders and sales of equipment, parts and repair services by Global Endotech, Inc. ("Global Endotech", "Seller") to any customer ("Buyer"). By placing an order, Buyer agrees to these terms. Any different or additional terms in Buyer's purchase order are rejected unless Global Endotech agrees to them in writing.
1. Quotations
Quotations are valid for 30 days unless stated otherwise, and are subject to availability at the time of order. Product descriptions, specifications and compatibility information on the Site are provided for convenience and are confirmed in the quotation. Catalog listings on the Site are not offers to sell.
2. Orders
An order is accepted only when Global Endotech confirms it in writing or ships the products. We may decline any order.
3. Prices and payment
Prices are in U.S. dollars unless the quotation states otherwise and exclude taxes, duties, import fees and shipping unless stated. Payment terms are stated in the quotation. Unless credit terms have been approved in writing, payment is due in advance by wire transfer. Late payments may incur interest of 1.5% per month or the maximum allowed by law, whichever is lower. Buyer is responsible for any applicable sales, use or value-added taxes unless it provides a valid exemption or resale certificate.
4. Shipping, title and risk
Products ship FCA Cape Coral, Florida (Incoterms 2020) unless the quotation states otherwise. Risk of loss passes to Buyer when the products are handed to Buyer’s carrier or the carrier we arrange on Buyer’s behalf. Title passes to Buyer upon full payment. Delivery dates are estimates.
5. Pre-owned and refurbished equipment
Unless the quotation states that an item is new, products are pre-owned, refurbished or repaired. They are inspected to conform to original manufacturer (OEM) specifications before shipment, but may show cosmetic wear. Global Endotech is not affiliated with, authorized by or endorsed by the original manufacturers named on the Site, unless stated otherwise. Manufacturer names and model numbers are used only to identify products and compatibility.
6. Inspection and acceptance
Buyer must inspect products on receipt and report any shipping damage, shortage or nonconformity to inquiries@globalendotech.com within 5 business days, with photos where possible. Products not reported within that time are deemed accepted, without affecting the warranty described in our Warranty & Returns policy.
7. Buyer's regulatory responsibilities
Buyer is responsible for:
- Complying with all laws and regulations that apply to importing, registering, possessing and using medical devices in its country, including any authorization required by its national regulator.
- Ensuring products are used only by qualified, trained personnel, in accordance with the OEM's instructions for use.
- Cleaning, disinfecting and reprocessing products before clinical use and between uses, according to the OEM's instructions and applicable standards.
- Performing its own acceptance and safety testing before clinical use, as required by its facility protocols.
8. Repair services
Repairs are performed after Buyer approves a written estimate. Devices sent for repair must be cleaned and decontaminated before shipping; we may refuse or return, at Buyer's cost, any device received without proper decontamination. Devices not collected or paid for within 90 days after completion of repair, or after an estimate is declined, may be returned to Buyer at Buyer's cost, to the extent permitted by law.
9. Warranty
Products and repairs are covered only by the limited warranty in our Warranty & Returns policy. EXCEPT FOR THAT LIMITED WARRANTY, PRODUCTS AND SERVICES ARE PROVIDED "AS IS", AND GLOBAL ENDOTECH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT PERMITTED BY LAW.
10. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, GLOBAL ENDOTECH IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF USE, AND ITS TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT BUYER PAID FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.
11. Export compliance
Buyer will comply with all applicable U.S. and other export control and sanctions laws and will not export, re-export or transfer products in violation of them.
12. Leasing
Leases are governed by a separate written lease agreement.
13. Force majeure
Global Endotech is not liable for delays or failures caused by events beyond its reasonable control, including carrier delays, customs holds, natural disasters, epidemics, government action and supply shortages.
14. Governing law and disputes
These terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes will be resolved in the state or federal courts located in Lee County, Florida, and the parties consent to their jurisdiction, except where the law of Buyer’s country requires otherwise.
15. General
If any provision is found unenforceable, the rest remain in effect. These terms, together with the quotation and any signed agreement, are the entire agreement between the parties for the sale.
16. Contact
Global Endotech, Inc., Cape Coral, Florida, United States. Email: inquiries@globalendotech.com.