Terms of Service

The Terms of Service are inclusive of the Terms and Conditions of Sale and Terms of Use. These two sets of terms are outlined below.

TERMS AND CONDITIONS OF SALE

Last Revised: March 2020

All orders placed by you are SUBJECT TO the terms and conditions of sale set out below.

Please scroll down as necessary to carefully review all of the terms and conditions of sale. We reserve the right to make changes from time to time to the terms and conditions.

The terms and conditions applicable to each of your orders are the terms and conditions set out on this site at the time you place your order.

1. PAYMENT

Products ordered on-line must be prepaid by credit card or other available method of payment at the time the order is placed. We currently accept MasterCard, Visa, American Express, PayPal and Apple Pay. Available methods of payment are subject to change.

If you are uncomfortable with the degree of security provided by our credit card processor, please place your order directly with us by telephone. (See #8 below). Please review the credit card processor's Privacy Policy.

2. RETURNS

Within the 30 days of purchase you may return the product for reimbursement of the purchase price.

In order to be entitled to reimbursement of the purchase price, the returned product must be in its original condition and packaging, and the return packaging must be marked on the outside with a return goods authorization number (RGA#). See below on how to obtain an RGA number. You must be able to provide us with satisfactory proof of the date of purchase. Reimbursements will be applied to your credit card or original method of payment for the purchase price originally paid by you in U.S. currency. No credit will be issued until the product is received at our warehouse. See below for contact information.

Shipping charges, taxes, duties, and any other charges paid by you in addition to the purchase price are not eligible for reimbursement. The cost of shipping the product back to us, and any other related costs, is your responsibility.

3. SHIPPING

Products are generally shipped next business day after receipt of the order, subject to availability of products at the time the order is received.

You may cancel an order prior to shipment, however, other than as provided for above, we are not responsible for cancellations once an order has been placed and shipped. All cancellations must be in writing and faced to the attention of customer service. Please see below for contact information.

Shipping charges may be up-dated periodically. The current shipping charges are calculated on the checkout and can be reviewed before completing the order.

4. PURCHASE PRICE

All prices are quoted in U.S. currency, and are final at the time the order is placed. All payment must be made in U.S. currency. Our prices are up-dated periodically. The applicable price is the price set out on this site at the time you place your order.

Prices do not include shipping charges or sales taxes. These charges, where applicable, will be calculated at checkout and can be reviewed before completing your order. On order completion, these charges will be applied to your credit card or chosen method of payment.

Duties, taxes, and any other charges applicable in the jurisdiction where the products are to be shipped to are your responsibility and will be charged to your credit card if payable by us or our agent.

5. DAMAGE/LOSS IN TRANSIT

Your shipment is 100% insured against loss or damage. You are responsible for claim processing. Please contact the carrier directly. Be sure to save the product packaging.

6. LIMITED WARRANTY/DISCLAIMER/LIMITATION OF DAMAGES

IF A WARRANTY IS ENCLOSED IN THE PACKAGING WITH TERMS THAT CONFLICT OR ARE INCONSISTENT WITH THE TERMS OF THIS WARRANTY, THIS WARRANTY WILL PREVAIL.

The products carry a thirty (30) day warranty against material defects in material and workmanship. The 30 day time period begins from the date of purchase. If we determine that the product is not in compliance with this warranty we will, at our option, either (a) repair the product to bring it in compliance or replace it, all at no charge to you, or (b) issue a credit for the purchase price paid by you for the product.

This warranty does not cover defects or damages arising from misuse, lack of proper maintenance, shipment, or any other defect or damage not arising out of a defect in material or workmanship as specified above.

We will not honour warranty claims received fifteen (15) days or more after the thirty (30) day warranty period has expired. To make a warranty claim, please contact customer service. Please see below for contact information.

You may be required to ship the product to our warehouse, at your expense, for inspection. If after inspection, we determine that the product is not in compliance with our warranty, we will reimburse you for shipping costs incurred by you in shipping the product to us. The product must be shipped using the selected carrier’s Ground shipping service. Faster shipping options may not be reimbursed. You will be required to produce a shipping receipt to validate your claim for reimbursement.

When returning a product, you must comply with our return of goods policy set out below.

To the extent permitted by applicable law, all other warranties and conditions, express or implied, including the implied warranties and conditions of merchantable quality, durability and fitness for a particular purpose, are excluded and disclaimed. The remedy set out in this Section 6 for breach of the product warranty is your sole and exclusive remedy for breach of the product warranty. To the extent permitted by applicable law, our entire liability to you of any kind whether in contract, tort, or otherwise, including a break of any implied warranty or condition that may not be disclaimed by applicable law, is limited to the price paid by you for the purchased product(s). IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHERS FOR: (a) DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PURCHASED PRODUCT(S); AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (b) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

7. RETURN OF GOODS POLICY

Before returning any product, you must obtain a return authorization number from customer service by telephone. Contact information for customer service is set out below.

No product returns will be accepted without a return authorization number (RGA #). You must place the return authorization number on the outside of the return package.

8. CONTACT INFORMATION

Customer service may be reached by fax, e-mail, or telephone as follows:

Hours of operation:

Monday - Friday, 08:30 - 16:30 EST

Canada & U.S. Tel:

1-800-465-3296

Fax:

1-519-455-6479

Email:

customerservice@tmimedicaldistribution.com

International Tel:

+ 1-519-455-7060

International Fax:

+ 1-519-455-6478

Address:

Customer Service

725 Third Street

London, Ontario, CANADA

N5V 5G4

The contact information may be up-dated periodically.

8. FORCE MAJEURE

We are not liable for failure to perform any of our obligations under these terms and conditions if such failure results from an event or condition, not within our control, that prevents in whole or in material part such performance or which renders such performance commercially unreasonable, including, without limitation, acts of God, terrorism, epidemics (including, without limitation, pandemics and COVID-19) and any other causes beyond our control.

9. GENERAL

You agree that the agreement arising out of your acceptance of these terms and conditions is made in the province of Ontario, Canada. The agreement will constitute the entire agreement between you and us with respect to your purchase. No amendments will be valid, unless agreed to in writing between you and us.

The validity, performance, interpretation, and enforcement of these terms and conditions of sale, and our and your respective rights and liabilities, are governed by and to be construed in accordance with Ontario domestic law. You hereby consent to the exclusive jurisdiction and venue of the Ontario courts in London, Ontario, CANADA, in all disputes arising out of or relating to these terms and conditions of sale and/or use of product(s).

If any part of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part will be deemed served and the remaining terms and conditions will continue in force and all rights and remedies accrued under the valid and enforceable terms and conditions, or part thereof, will survive the declaration.

You acknowledge that you have requested that these terms and conditions of sale be drafted in English. Vous reconnaissez avouir exige a ce que cette convention soie redige en Anglais.

You shall not place an order if you are less than 18 years old. By placing an order through our on-line store, you are representing and warranting to us that you are at least 18 years old.

All orders are subject to acceptance at our sole discretion.

By placing an order through our on-line store, you confirm your agreement with all of the above terms and conditions of sale without limitation or qualification. You agree that the act of placing an order through our on-line store has the same effect as affixing your hand signature on a paper form containing the same terms and conditions of sale.

Please print a copy of these terms and conditions of sale for your records.

TERMS OF USE

1. GENERAL

This web site is provided by TMI Medical Distribution Inc..

You may access, browse or otherwise use our web site only if you agree to these Terms of Use. By accessing, browsing or otherwise using our web site you agree to these Terms of Use without qualification, including any changes that may be made to these Terms of Use by us from time to time.

The last date these Terms of Use were changed or otherwise revised is set out above. We reserve the right to make changes from time to time to the content of our web site, including these Terms of Use, without prior notice. Please review these Terms of Use each time you visit our web site.

The words "we", "our" or "us" as used in these Terms of Use mean TMI Medical Distribution Inc..

2. INFORMATION ON OUR WEB SITE

Most of the information on our web site relates to our products. Information on our web site is not intended to and cannot replace the relationship you have with your health care professional. You should always talk to your healthcare professional for diagnosis and treatment.

Some or all of the products featured on our web site may not be available for sale or use in your jurisdiction. The fact that a product is shown on our web site does not imply that the product is available, or that we intend to make it available, for sale or use in your jurisdiction. Please consult with our Customer Service Department (customerservice@tmimedicaldistribution.com) if you have any questions regarding the availability of a product for sale or use in your jurisdiction.

The terms and conditions governing the sale of products featured on our web site consist only of those terms and conditions of sale as set out in a written agreement signed by us and the buyer or as set out in an electronic agreement as provided for on our web site. If no such written or electronic agreement exists, then the terms and conditions of sale will consist only of those terms and conditions set out in and attached to our order acknowledgment / acceptance form. Nothing in our web site, including, without limitation, any statements regarding capacity, suitability for use, or performance, is to be construed as a representation, warranty, or condition by us with regard to any of the products for any purpose whatsoever.

3. COPYRIGHT AND TRADE-MARKS

All content of this web site, including its design, text, graphics, the selection and arrangement thereof, is owned or controlled by us and is protected by international copyright laws. You may download and make one hard copy of the content of this web site for personal, non-commercial use only, provided you attach the Terms of Use to your copy and keep intact all copyright and other proprietary notices. The content of this web site shall not otherwise be downloaded, copied, stored in machine readable form, reproduced, disseminated, adapted, modified or otherwise used, without first obtaining our written permission.

Except for the trade-marks indicated as owned by others, all trade-marks, trade names and trade dress shown on our web site are owned by us or our affiliates and are protected in Canada and internationally. You may not use any of the trade-marks, trade names or trade dress shown on our web site for any purpose, except as authorized in writing by the owner.

Except for the limited permission provided for in the first paragraph of this section regarding copyright, nothing in our web site is to be construed as granting any license or right to anyone under any of our, our affiliates', or our licensors' intellectual property rights, including, without limitation, copyright, patents, and trade-marks.

4. CONFIDENTIALITY

Subject to our Privacy Policy and any written agreement signed by you and us, electronic communications, or other communications, transmitted by you to us through our web site or otherwise will be received by us on a NON-PERSONAL, NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS and we will be entitled to the free and unrestricted use of the content of your communications for any purpose, commercial or otherwise.

5. PERSONALLY IDENTIFIABLE INFORMATION

The collection of personally identifiable information on our web site and the use and disclosure of the information is governed by the terms of our Privacy Policy.

6. YOUR CONDUCT

Your use of our web site must be for lawful purposes only and must comply with these Terms of Use. You will not take any action that might compromise the security of our web site, render our web site inaccessible to others or otherwise cause damage to our web site or that might interfere with our rights or those of third parties.

7. DISCLAIMER / LIMITATION OF DAMAGES

We make no representations or warranties with respect to the currency, completeness, or suitability for any purpose of the content of our web site. The content from or through this web site is provided "AS IS", "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We assume no liability for any damages or injuries resulting from your access to, browsing, or other use of or inability to use our web site, including, without limitation, any liability for any damages caused by viruses contained within the electronic files on our web site, including, without limitation, any hyperlinked web sites. You are responsible for taking all necessary precautions to ensure that any content you obtain from our web site is free of viruses and any other potentially destructive computer code.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US WILL BE LIABLE TO YOU OR OTHERS, UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGILIGENCE) OR ANY OTHER LEGAL THEORY OF LIABILITY, FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA, RESULTING FROM OR RELATING IN ANY WAY TO YOUR ACCESS TO, BROWSING, OR OTHER USE OF OR INABILITY TO USE OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY HYPERLINKED WEB SITE, AND EVEN IF WE OR ANY PERSON OR ENTITY ASSOCIATED WITH US HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF ANY DISCLAIMER, LIMITATION AND EXCLUSION OF LIABILITY IS FOUND TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE TOTAL CUMULATIVE LIABILITY, IF ANY, WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED $25 CAD.

8. LINKS TO OTHER WEB SITES

Our web site may contain links or pointers to other Internet web sites. The links and pointers do not constitute endorsements of any products or services in any of those Internet web sites, and no content of any of these web sites is endorsed or approved by us. Your use of third party links provided for under our web site is "at your sole risk".

9. LAW APPLICABLE TO DISPUTES

Our web site is controlled, operated and administered within the Province of Ontario, CANADA. You confirm that your agreement to the Terms of Use was made in London, Ontario and that the validity, interpretation, and enforcement of these Terms of Use, and your and our rights and liabilities, will be governed by Ontario domestic law. By browsing, accessing or otherwise using our web site, you hereby irrevocably consent to the exclusive jurisdiction and venue of the Ontario Courts with regard to all disputes of any nature whatsoever resulting from or in any way relating to your access to, browsing of, or other use of or inability to use our web site, including, without limitation, any hyperlinked web sites.

10. SEVERABILITY/WAIVER

These Terms of Use constitute the entire agreement between you and us with respect to your access, browsing or other use of our web site. If any portion of these Terms of Use are declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable portion of the Terms of Use will be deemed severed and the remaining Terms of Use will continue in force and all rights and remedies accrued under the valid and enforceable Terms of Use will survive the declaration. To the fullest extent permitted under applicable law, any invalid or unenforceable Terms of Use will be replaced by a provision which, being valid and enforceable comes closest to the intention underlying the invalid or unenforceable provision.

No waiver by us of any violation by you of any of these Terms of Use will be effective unless made by written instrument signed by us. Any waiver given by us will not constitute a waiver of any prior or subsequent violation by you of any of these Terms of Use.

11. LANGUAGE

If you are a resident of any jurisdiction where the native language is not English, you confirm that you have requested and have consented to these Terms of Use being drafted in the English language.