MEDSource, Inc.
Rev 6 March 2020
By confirming the rental of MEDSource equipment and surgical instruments (either by signing the Rental Quotation “Quote” or otherwise confirming the terms of the rental, including by participating in the rental), “Customer” agrees to these Rental Terms and Conditions and the Quote (which, together, are the “Agreement”). If Customer does not agree to abide by this Agreement, please do not utilize our services.
1. Payment Policy
Prepayment is required for first-time customers. Net 30 terms from the ship date are available upon request after the fifth rental, provided:
- Customer’s standard payment method is via check or EFT;
- A current credit card is on file and Customer has provided written authorization for us to charge the credit card on file if an invoice is past due by 10 days of the payment terms; and
- Accounts Payable contact information is on file.
For existing customers whose preferred payment method is via credit card, invoices are due on receipt. Customer is responsible for obtaining any required POs and providing the PO number to MEDSource according to their own internal A/P guidelines. Payment terms are subject to change based on customer’s payment history.
2. Written Quotes Provided and Written Confirmation Required
A written Quote is provided via email for all rentals. Customer’s written confirmation via email or a signed Quote is required before we will ship. Equipment and surgical instruments (individually and collectively, the Equipment) is reserved on a first-confirmed basis. If confirmation comes after 1 pm MST the day of shipping, this may result in a delay in shipping and additional shipping charges may apply.
3. Rush Orders and Same Day Requests
We pride ourselves on being able to respond to last-minute requests. However, we do not skip any of the quality and assurance steps that we take to ensure all the Equipment you have requested will arrive on time and in working order. As a small company we must pack all orders one week in advance and stage them, so they are ready to go. Due to the nature of this business we are unable to plan for the peaks and valleys of shipments. Thus, having your Equipment ready to go one week in advance avoids last minute packing, which history has shown to be more error prone.
RUSH ORDER FEES: Any orders confirmed less than (7) seven days before “MEDSource’s Required Ship Date” will be subject to our standard “Rush Order Fee”. “MEDSource’s Required Ship Date” is a part of our policy which requires that we ship out all Equipment to arrive (2) two days prior to the lab date. This allows for shipping delays and for Customers to inspect the Equipment to verify all requested Equipment was sent and that all Equipment is in working order. It is the responsibility of the Customer to makes this inspection upon delivery. This allows the MEDSource the required time that is necessary to ship out any missing, or a replacement for any non-working, Equipment. Customer agrees to notify MEDSource on the date the Equipment arrives, (2) two days before the lab, of any issues. MEDSource can at its sole discretion ship out whatever is missing or a replacement for whatever is not functioning. If the (2) two day notice is provided then there will not be a charge for the additional Equipment. The shipping costs for this replacement order will be discussed to determine how this will be paid. Consideration will be given on when the Customer notified MEDSource and the reason for the missing/none-working item.
SAME-DAY SERVICE FEES: In order to accommodate this request our team must stop working on all other orders. Once again we do not skip any of the quality and assurance steps that we take to ensure all your Equipment will arrive on time and in working order. Thus, any rental requests received and confirmed after 3 pm the day before MEDSource’s Required Ship Date (as described above) will be subject to the “SAME-DAY SERVICE FEE”. These orders requiring our same-day shipping service will be given top priority. Every effort will be made to accommodate the Customer’s request, assuming the Equipment is available.
4. Cancellation of a Confirmed Rental
Once a rental is confirmed, the following fees may be applied for any cancellation and/or change in the originally requested Equipment being rented. The date for calculating fees is based on the SHIPPING DATE (the Shipping Date is indicated on the Quote):
| Cancellation/Reduction based on Shipping Date | Fee |
| More than 7 calendar days prior | No Fee |
| Less than 7 calendar days prior | 50% of Rental Fee |
| After equipment has shipped | 100% of Rental Fee + all freight costs |
Please note: Any rush order or special handling charges will NOT be refunded or included in the price reduction of cancelled/changed orders.
5. Use of Rental Equipment
All Equipment is tested and confirmed in good working condition prior to shipping. MEDSource ships all Equipment rentals to arrive 2 days prior to the quoted lab date, so the Customer has the time to examine the Equipment. Customer must unpack Equipment and report any claims for missing, damaged or non-working Equipment within 24 hours of delivery. If a replacement is needed, it will be provided at no additional charge to the Customer. If a replacement is not available, there will be no charge for the rental of the non-working Equipment. MEDSource will not be responsible for any equipment not tested prior to the actual lab date.
Customer assumes responsibility for understanding how to operate the Equipment they have rented. Customer must notify MEDSource in advance of the shipment if they are unfamiliar with the Equipment. MEDSource is available to assist with Equipment questions over the phone. However, there is a limit as to what can be accomplished over the telephone, and there is no refund for the Equipment fees if a telephone troubleshooting call does not provide enough information for the Customer to operate the Equipment.
SHIPPING TO A HOTEL OR CONVENTION CENTER: It is the Customer’s responsibility to ensure our rental items are received by these facilities. By signing the Agreement, the Customer has granted us permission to ship to this facility and have acknowledge that the receiving team at this facility will be acting as the Customer’s designated agent in signing for the delivery of our rental items. Once the Customer’s designated agent has signed the delivery document the Customer accepts all responsibility for these rental items at that point. Any lost, missing or damage items will be 100% the Customer’s responsibility to find, or pay, for any needed replacement/repair.
6. Look to Manufacturer for any Warranties
MEDSource hereby disclaims all express and implied warranties, including but not limited to, merchantability and fitness for a particular purpose. The Customer shall look only to the manufacturer of the Equipment for any reimbursement, liability or damages arising out of or related to the use of any of the Equipment.
7. Lost/Damaged Equipment
A Packing List is included with every shipment and all rental items must be returned. It is the customer’s responsibility to ensure that all Equipment is present upon delivery and notify MEDSource of any items missing prior to the start of the lab. Once the Equipment is returned our team will inventory the contents of the returned Equipment and MEDSource will notify the Customer by email about any Equipment missing and/or damaged. The Customer must then respond to MEDSource, by email, within 2 business days to discuss the return of the Equipment. It is the Customer’s responsibility to locate the missing Equipment and to return these items to MEDSource within 3 business days via expedited shipping on the Customer’s account. Customer will provide MEDSource with the associated shipping/tracking information once the missing Equipment has been shipped.
If Equipment is not returned, or the above required notification has not been received within the stated 2 business days, then the Customer will receive an invoice for the missing Equipment which will be billed at the current MEDSource list sale price.
If Equipment is damaged or broken during use, please email Quotes@MEDSourceRental.com and let us know prior to returning the Equipment. An “out of service tag” should be placed on the Equipment before repacking it so that it is easily identifiable upon return (tags are included with each shipment). Depending on the circumstances and the extent of the damage, the Customer may be liable for the damage, including repair and/or replacement charges.
8. Return of Equipment
Equipment must be wiped down with disinfectant wipes (provided) prior to return.
Surgical instruments must be cleaned, free of tissue and debris, be dried and safe to handle before packing for return. Surgical instruments or Equipment should not be repacked when they are wet. Surgical instruments or Equipment returned dirty or wet are subject to a biohazard handling fee of 35% of the total rental cost reflected on the Quote.
Shipping any biohazard is a serious concern not only for MEDSource, but for our whole industry.
All Equipment must be packed securely using all the original packing material and the case properly latched (latches left open will be damaged in shipping and will result in a damage charge to repair any latches damaged). Any missing packing material may cause damage to the Equipment and increase the Customer’s risk to additional charges for repair/replacement. Any missing custom grey foam packing material will be billed for replacement.
Return shipping labels are included with the shipment and must be applied to the outside of each case.
9. Timing of Equipment Delivery and Return Pick-Up
Standard delivery is two days prior to the event to allow Equipment to be unpacked and checked out prior to the setup day. This helps each Customer to verify the Equipment rental was received with all requested items and in working order prior to the lab and meet the requirements stated in item number (5) five.
Return pickups are scheduled for the first business day after the event. Later pickups can be arranged based on prior agreement. An additional rental fee may be charged if Equipment is not returned or given to the carrier on the agreed pickup date.
10. Governing Law; Attorneys’ Fees
This Agreement is governed by Colorado law. Any legal action related to this Agreement shall be brought only in the state or federal court located in or having jurisdiction over Arapahoe County, Colorado. In any such action, the court shall award to the prevailing party its costs, expenses, and reasonable attorneys’ and expert witness fees payable by the non-prevailing party.
11. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the rental of Equipment. Customer is not relying upon any representations or warranties made by MEDSource that are not set forth in this Agreement. This Agreement shall not be amended, waived, or in any way modified except in a writing signed by both parties. This Agreement shall benefit and bind the parties and their respective successors and permitted assigns. This Agreement shall not be assigned by Customer. If any provision in this Agreement is held unenforceable, the provision shall be modified to the extent necessary to make the provision enforceable to the fullest extent permitted by law. If modification will not remedy the unenforceability of the provision, the provision shall be stricken without invalidating the remaining provisions of this Agreement. No delay or failure to exercise any right or remedy if there is a breach of this Agreement shall be construed as a waiver of that breach or any later breach or the breach of any other provision in this Agreement. Electronically transmitted signature pages shall be treated as original signature pages. By confirming a Quote, the person acting on behalf of the Customer warrants that he/she is authorized to confirm the rental on behalf of the Customer and bind the Customer to the terms of this Agreement..