Pocket Nurse® Terms & Conditions: Domestic

PLEASE READ CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU ARE VIEWING THESE TERMS AND CONDITIONS ELECTRONICALLY, YOU ARE ADVISED TO PRINT OUT A COPY OF THESE CONDITIONS OF SALE TO KEEP FOR YOUR OWN RECORDS.ALL PRODUCTS ON THIS WEBSITE ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY!

ACCEPTANCE:

Orders are subject to acceptance by Pocket Nurse. Acceptance by Customer of any goods from Pocket Nurse will constitute acceptance of these terms and conditions. No terms and conditions appearing in Customer’s order that are in variance with or contrary to Pocket Nurse’s terms and conditions will be binding upon unless specifically agreed to in writing.

ORDERING: Orders may be facilitated via:

MAIL: 610 Frankfort Road, Monaca, PA 15061

PHONE: 800-225-1600 (Mon-Fri, 8 a.m.-6 p.m. EST)

FAX: 800-763-0237 (24 hrs / 7 days)

WEB: www.pocketnurse.com

EMAIL: cs@pocketnurse.com

MINIMUM ORDERS:

Merchandise total under $50.00 will include a $20.00 Service Charge.

ORDER CHANGES:

In order to provide the most desirable service possible, orders are processed immediately upon verification. Once an order is processed, it CANNOT be changed. Please submit a new Purchase Order for any desired modifications.

SHIPPING:

Pocket Nurse will use its reasonable efforts to deliver Products on or before the estimated delivery date, but not be liable for damages or otherwise for failure to do so, regardless of cause. Transportation method will be determined by Pocket Nurse except for drop shipments, which will be shipped in accordance with the supplier’s shipping policies. Shipping is F.O.B. shipping point, dock-to-dock delivery, and ground service. Please use the Shipping Scale to calculate shipping charges, which will be added to the invoice. Pocket Nurse also provides additional shipping services for a fee which include: Delivery Notification • Inside Delivery • Lift Gate requests • Product Set-Up • Next Day • Second Day • Three Day • White-Glove service. Contact your Customer Service for a quote. NOTE: When necessary, orders will be shipped as partial deliveries unless otherwise noted that the order must ship in its entirety.

DROP SHIPMENT:

Drop ship item(s) will be shipped to you directly from the manufacturer. Please allow additional delivery time. Delivery will be to receiving dock only. Please inquire about other shipping services like "Inside Delivery" from Customer Service.

HAZARDOUS MATERIAL:

Pocket Nurse does not ship hazardous materials. Pocket Nurse ships ORM-D via ground only. There are weight and volume restrictions for all ORM-D packages which vary by hazard class. Pocket Nurse will ship these items in accordance to all ORM-D regulations. These items are marked ORM-D in the shipping process. Additional charges may apply and be added to Customer Invoice.

PAYMENT TERMS:

Invoices will be dated as of the date of the shipment. Prices subject to change without notice. All payments will be made in United States dollars and may be made by check, wire transfer, or credit card. Checks are made payable to Pocket Nurse. A Forty Dollar ($40.00) fee will be assessed for each returned check. Accepted Credit Cards: Visa, MasterCard, Discover, or American Express. Credit card payments will be subject to a 3% surcharge. DO NOT SEND CURRENCY. Payments must be received by the due date listed on the invoice or may be subject to finance charges of 1.5% per month (18% APR) on outstanding balances that are past due.  Pocket Nurse may suspend shipment of Products to Customers who are not credit worthy or whose accounts are past due, at no liability to Pocket Nurse.

PRICING:

Prices are subject to change without notice. Prices billed are the prices in effect at the time the order is shipped. Prices are subject to all taxes, excises, or other charges levied by any government (national, state or local). Any disputed prices must be identified to Distributor in writing within ten (10) business days from the invoice date. Rebates and credits may be considered a discount and may need to be disclosed by you as required by applicable law. All manufacturer contract prices are effective as of the date determined by the manufacturer. Contract prices are subject to early termination upon notification by manufacturer. Buyer is responsible for notifying Distributor of any special product pricing arrangements that buyer has negotiated with any product manufacturer or group purchasing organizations.

SALES TAX:

Customer is responsible for all federal, state, or local sales, use, or excise tax imposed with respect to the Products as appropriate. Shipments to customer locations in the following states will be charged state and local sales tax unless the order is accompanied by a copy of your current, valid sales tax-exemption certificate:  AL, AZ, CA, FL, GA, IL, KY, LA, MD, MA, MS, MO, NJ, NY, NC, OH, PA, SC, TN, TX and VA.   All others states, please refer to your specific State's Use Tax Code. If you have a Sales Tax Exemption form, please Fax to 1-800-763-0237 or email: cs@pocketnurse.com.

CREDIT TERMS:

30 days net for Customers using a Purchase Order (some restrictions apply), a 1.5% Service Charge will be added to past due accounts (compounded every 30 days). Net 30 days with approved Credit. Price F.O.B. - shipping point.

BACK ORDER POLICY:

If an item is unavailable to ship for (30) days beyond the original estimated ship date, Pocket Nurse is required by law to offer you the option to cancel your order. Backorder notifications will be sent to the original contact on the order via email. At such time, Pocket Nurse will offer the option to cancel the item on the order, or continue to wait for the product at a future ship date. All backordered products will ship immediately upon receipt from our supplier.

RESALE OF PRODUCTS:

Customer hereby certifies that it is purchasing Products from Pocket Nurse for institutional use and will not resell or redistribute Products.

PRODUCT SPECIFICATIONS:

Pocket Nurse Enterprises, Inc. reserves the right to change Product specifications on all items without notice. Factors beyond Pocket Nurse control and the need for continuing improvements of Products require the making of changes in Products from time to time. Pocket Nurse reserves the right to make reasonable changes in Pocket Nurse Brand Products of any kind without notice, and to deliver revised versions of such Products against any order. Pocket Nurse will have no responsibility whatsoever with respect to the changes made by the Supplier of Products sold by, but not manufactured by, Pocket Nurse and Customer acknowledges that such Products are subject to change at any time and from time to time.

DAMAGED SHIPMENTS:

Any visible damage, however slight, should be notated on the freight bill at time of delivery. No notation on the freight bill states you received the merchandise in good condition. If visible damage is noted, you may request the driver to do an immediate inspection. Customer has 10 days to report damage from time of delivery for claim to be filed. After 10 days no claim can be filed.

MISSING MERCHANDISE:

Please report all missing merchandise to Pocket Nurse within 30 days of receipt by customer. Occasionally cartons separate during shipment; however all cartons should arrive within 1-2 working days.

RETURNS:

A return Merchandise Authorization (RMA) number MUST accompany all returns. Should you need to make an eligible return pursuant to the terms of this Agreement, please contact Pocket Nurse's Quality Control Department within 30 days of receiving the product. Pocket Nurse shall not be obligated to issue an RMA except in strict accordance with the terms and conditions of this Agreement. Keep in mind, merchandise eligible for return MUST be returned within 30 days of the RMA number being issued. Merchandise should be securely wrapped and returned in its ORIGINAL CARTON and the RMA number must be visible on the outside of the carton. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR MAKING THE MERCHANDISE AVAILABLE FOR PICKUP, INCLUDING WITHOUT LIMITATION MAKING SURE THE MERCHANDISE BEING RETURNED IS AVAILABLE FOR PICKUP AT THE DEPARTMENT/LOCATION WHERE THE DESIGNATED CARRIER USUALLY PICKS UP PACKAGES WITHIN YOUR ORGANIZATION. Returned merchandise will not be accepted after 30 days of the RMA issue date and will be returned to the sender. There is a Minimum 20% restocking fee on ALL returned goods. See "Return Goods Policy" at www.pocketnurse.com

NON-RETURNABLE MERCHANDISE:

• Custom Student Health Totes
• DVD programs
• Special orders
• Closeout items
• Software
• Dated items
• Replacement parts
• CD's
• Disposable items
• Sterile items
• Used/Refurbished products
• Videos
• Expired product
• Discontinued items

FURNITURE:

Numerous states require institutional furniture to meet the TB 133 Bulletin or conformance to NFPA 101 Life Safety Code. Check applicable fire codes for your state. Notice & Agreement to EXEMPT TB-133 is available from Pocket Nurse.

DISCLAIMER:

Pocket Nurse makes every reasonable effort to display accurate product information. However, due to uncontrollable manufacturing conditions, product colors, specifications and warranties are subject to change without notice. Due to catalog printing process, actual product color may differ from catalog product color. Pocket Nurse is not responsible for typographical or pictorial errors. Prices may change without notice.

All products are sold for: INSTRUCTIONAL USE ONLY. NOT FOR HUMAN OR ANIMAL USE.

SIMULATION APPLICATION: 

For educational use only. Not for clinical or diagnostic use. To be used only with direct supervision of a qualified instructor specifically educated in the skill of using this product. Pocket Nurse is not liable if this product is used for any means other than its intended use or any use that is not directly supervised by such a qualified individual. It is a violation of federal law to use this product in a manner inconsistent with its labeling.

Pocket Nurse is in the business of selling products for education purposes only. Because we sell only educational products, we cannot promote the use of the products for actual human or animal use. However, some products are shipped sterile by the original manufacturer and if you choose to follow that specific manufacturer usage indications, Pocket Nurse bears no assumption of risk and any consequences of that usage shall be directed only to the manufacturer.

WARRANTY: 

Pocket Nurse Inc. warrants the workmanship and material of Pocket Nurse branded/manufactured products for a period of One (1) Year from original date of purchase. Upon return of the product within the specified warranty period, we reserve the right to repair or replace at our option, any part or parts of a product or accessory covered under this warranty. For repair or replacement of a defective product contact Pocket Nurse Quality Control Department directly. This warranty does not apply to any repair or replacement required due to misuse, abuse, improper storage or handling, normal wear and tear, repairs attempted or made by other than our authorized representative, or damage to product, whether to the finish, spoilage, breakage or otherwise, after product leaves

point of origin. Items repaired or replaced under warranty are warranted only for the remainder of the original warranty period. This warranty excludes any products with an expiration date and does not extend any included manufacturer’s warranty. THE WARRANTY SET FORTH UNDER THIS SECTION IS STRICTLY LIMITED TO ITS TERMS AND IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, SPECIFICALLY EXCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL POCKET NURSE, INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, including but not limited to loss of profit or revenues, damage for loss of use of the Products, damage to property, claims of third parties, including personal injury or death on account of use of the Products or failure of Pocket Nurse to warn against or instruct on, or adequately warn against or instruct on, the dangers of the Products or the safe and proper use of the Products, whether or not Pocket Nurse has been advised of the potential for such damages. Pocket Nurse's total liability hereunder from any cause whatsoever (except liability from personal injury caused by Pocket Nurse's negligence), whether arising under contract, warranty, tort (including negligence), strict liability, products liability or any other theory of liability, will be limited to the lesser of Buyer's actual damages or the price paid to Pocket Nurse for the Products that are the subject of Buyer's claim. All claims against Pocket Nurse must be brought within one year after the cause of action arises, and Buyer expressly waives any longer statute of limitations. Some states do not allow limitations on the length of an implied warranty or the exclusion or limitation of incidental or consequential damages. As such, the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

INDEMNITY:

Buyer agrees to indemnify and hold harmless Pocket Nurse and any of its officers, directors, parent, subsidiary or affiliated companies from any and all claims, losses, damages, charges, expenses (including any and all reasonable expenses involving attorney's fees and product recall) arising out of any negligent actions of Buyer including but not limited to the maintenance, repair or alteration of any product. All products are sold for instructional use only and are not for general consumer, personal, direct or indirect human or animal use. Buyer agrees that Buyer will use the products for their intended instructional purposes only, and in a safe and legal manner consistent with all applicable state and federal laws; Buyer acknowledges that to use them otherwise is outside the scope and purpose for which they are intended. Buyer shall indemnify, defend and hold harmless Pocket Nurse from and against any liability, claims, losses, damages or expenses which may be suffered by or made against Buyer arising directly or indirectly from any non-instructional use of any product delivered to Buyer by Pocket Nurse pursuant to this Invoice. Buyer shall indemnify, defend and hold harmless Pocket Nurse from and against any and all, claim, loss, cost, damage and expense arising directly or indirectly out of or relating in any way to the use, possession, maintenance, operation or storage of the products delivered to Buyer by Pocket Nurse pursuant to this Invoice, even if that liability, claim, loss, cost, damage, or expense is based on or claimed to be based on the negligent acts or omission of Pocket Nurse. Pocket Nurse shall not be liable for any consequential, incidental or contingent damages whatsoever.

GOVERNING LAW:

These terms and conditions are governed by the laws of the Commonwealth of Pennsylvania, U.S.A. (without regard to its conflicts of laws). Customer hereby consents to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Pennsylvania courts.