ACCOUNT AGREEMENT AND TERMS OF SALE
The undersigned hereby applies to GEM Edwards (d.b.a. GEMCO Medical) for credit. It is understood and agreed that the undersigned specifically consents to GEMCO Medical investigating the applicant’s credit history, which may include the use of a “Third Party” Commercial Credit Report for the purpose of extending credit.
Prices are subject to change without notice. The most recent price list supersedes previously published price lists. All pricing and/or special considerations are dependent on Customer’s account being current within payment terms.
GEMCO Medical’s terms are Net 30 days from the invoice date. A finance charge of 2% will be charged monthly on outstanding balances, which are 30 days past the invoice date. Orders will not be shipped on delinquent accounts. GEMCO Medical reserves the right to terminate open account credit at any time. If default of payment occurs, the customer agrees to pay any and all attorney’s fees and collections costs, up to and including asset seizure. The validity, effect, interpretation and performance of this agreement will be governed by the laws of the state of Ohio. The Court of Common Pleas in Summit County, Ohio shall have exclusive jurisdiction over any suits, causes of action, or any other legal disputes between the parties, and/or their successors, which may arise under the terms of this Agreement and Guaranty. The undersigned Owner (and Guarantor) hereby expressly consent to said Court’s jurisdiction.
Unless specified otherwise, all orders will be shipped by the most cost-effective method available. Shipping charges and a handling fee will be added to your invoice. Shipments outside the continental US will be billed accordingly. Customer is responsible for any additional shipping charges due to Customer supplying an incorrect shipping address.
Notification of shortages and/or damages must be made within 3 business days of receipt. All returns for credit require a Return Merchandise Authorization number (RMA#) from the GEMCO Medical Returns Department. This number is valid for 30 days. A copy of the RMA must accompany the return for proper credit to be issued. Shipping charges on all returned goods will be incurred by the customer. All goods will be inspected prior to issuing a credit. Returns on stocked items due to errors in ordering or overstocks, when returned in resalable condition, will receive full credit within 30 days of purchase date.
NO RETURNS ON:
- Special Order items
- Continuous Glucose Monitor Sensors (CGMS)
- Insulin Pumps, Insulin Management Systems, Continuous Glucose Monitor (CGM) Transmitters and Continuous Glucose Monitor (CGM) Receivers that have been opened or are not in resalable condition
Defective products require a RMA# from our Returns Department. A detailed description of the defect must be included with the return. Shipping must be prepaid by the customer, no COD accepted. Replacement/credit of defective product will be made after inspection and agreement by GEMCO Medical and the manufacturer.
Customer shall notify GEMCO Medical in writing within five (5) business days of any prospective or pending change in Customer’s ownership interest in the Company, or any change in the relationship of the signatories herein to the Company. If GEMCO is not notified, current owner(s) shall be responsible for all balances due GEMCO. GEMCO reserves the right to require a signed promise to pay agreement by new owner(s).
I have read, understand and agree to the above License Agreement, and Agreement and Terms of Sale Policy. I understand that the Terms of GEMCO’s Sales Policy may change at any time and that I will be advised by mail of any changes.
The undersigned has the authority to execute this agreement on behalf of the Company and hereby waives any right to assert lack of authority as a defense to any action by GEMCO against Customer.