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Legal Information

Telemedicine Products | Health Care Solutions

Legal disclaimer © 2002-2012 GlobalMedia Group, LLC. While GlobalMedia Group, LLC (GMG) and its divisions make every effort to ensure that the information contained on our web sites is accurate, GlobalMedia takes no responsibility for incorrect, outdated, or otherwise inaccurate information, including pricing and product specifications. GlobalMedia is not responsible for typographical errors or omissions and shall not be liable for any incidental or consequential damages caused directly or indirectly from anything on any GlobalMedia web site. In addition, GlobalMedia reserves the right to change prices or discontinue products at any time without prior notice while reserving the right to refuse or conduct a cancellation on its transaction activities due to price inconsistency from its suppliers. Trademark information © 2002-2011 GlobalMedia Group, LLC. All Rights Reserved. iREZ, CapSure, EasyShare, WallDoc and RAMpage are registered trademarks, GlobalMed, GlobalMedia, Innovative Telemedicine, CONi, WebCast AV8R, TotalExam, TransportAV, FirstAV, i8500 MVC, DesktopDoc, i5770, i5770HD, TotalENT, ClearProbe, StethOne, ClearSteth, StethIP, ClearMic, iVESA, Undeniable Value, Kritter, TES, K2r, USBLive!, IdealMic, Reel-Eyes, Reel-Edit, iNSPECX, USB TV!, USBMicroCam, StealthFire, Vid5e and Perfecting Advanced Communications are trademarks of GlobalMedia Group, LLC. CareTone used with permission by ATI. All other trademarks are the property of their respective holders. One or more GlobalMedia products are covered under U.S. Patent(s) with other patents pending. We are not responsible for typographical errors and all specifications are subject to change without notice. Our products do not diagnose, cure or prevent any disease. The testimonials contained within this document are individual cases and do not guarantee that you will get the same results. Application of Terms between GlobalMedia Group, LLC and Buyer The following terms and conditions shall apply to all contracts between the Buyer and GlobalMedia Group, LLC (GMG) (GlobalMedia and iREZ). Any document or other communication which claims to modify, supercede, or alter these terms and conditions shall have no force or effect. Payment GMG extends "Net 30 Day" terms to qualified corporations, institutions and government agencies. In many cases it will take time to receive replies to our inquiries with credit references, so please allow time for the application to be processed. An application may be downloaded from this site (PDF) or Media.com>contact us and we will mail or fax one to you. Or you may simply provide us with banking information and three trade references. GMG also accepts checks, wire transfers, money orders, AMEX, MasterCard, VISA, and COD orders. Credit card sales to areas outside the continental USA are at GMG's discretion. All prices are in U.S. Dollars unless otherwise stated. The buyer will be responsible to pay for the product along with any transportation charges and all federal, state, and local taxes (including sales tax and property excise duties). Invoices are payable within the terms stated therein, however GlobalMedia Group LLC (hereafter known as GMG) may require payment in advance of delivery. There is no discount for payment within said period, unless agreed to in writing between GMG and buyer. All invoices from GMG for products or services to a customer are due in their entirety. Any partial payment presented to GMG or applied to a customer's invoice or account by GMG does not constitute payment in full unless agreed upon in writing by GMG. Should a customer's account become delinquent, GMG reserves the right to apply any and all additional fees to the customer's account as it deems necessary and in accordance with local statutory rates. Shipping and Delivery Shipping shall be FOB Scottsdale, Arizona. GMG will not be liable for any damage, loss, or expense caused by delays or failures in shipping that result from acts of God or other cause beyond reasonable control. Product ownership passes to the buyer when the product is transferred from GMG to a common carrier for delivery to the buyer. Therefore, the buyer is financially responsible for any loss or partial loss of product while the product is in possession of the common carrier. The buyer is responsible for arrangement of insurance to protect against such events. Upon the request of the buyer and acceptance by GMG, products will be insured with common carrier. Any and all expenses incurred by transit insurance will be charged to the buyer. Orders received by any method after 11:00am MST will be shipped the next business day. Warranty and Return Policy Unless otherwise stated in writing by GMG, all GMG products are warranted under the following terms: Products that become defective during the first year (365 days), after the order is shipped will be repaired or replaced by GMG free of charge. This limited warranty is contingent upon proper use of the product and does not cover products that have been damaged (scratches, bent metal, broken components) misused, modified, or subject to unusual physical or electrical stress. All returns for any other reason must be made within the first 30 days from time of shipment, and will be subject to a 25% restocking charge. Buyer must include all original components, literature, and packaging in the same salable condition received to avoid any additional charges. All returned materials must have a GMG return materials authorization (RMA) number. Authorized returns must be shipped freight prepaid to GMG. GMG reserves the right to refuse any return that is sent COD or without an RMA number visible on the exterior of the package. Unauthorized returns, refused shipments, and authorized returns of non-defective merchandise after the above stated return periods are subject to additional charges. Any payment for advance services, including monthly or yearly user accounts, are not eligible for refund, whether or not the services have been realized. Limited Liability No claim made by the buyer shall be for an amount greater than the purchase price of the goods in respect of which the claim was made, regardless of whether the claim pertains to damage incurred in shipping, failure to ship, or inherent defects. GMG will in no way be liable for incidental or consequential charges. In all events, GMG reserves the option of repair or replacement at its discretion. Jurisdiction This agreement is made in accordance with the laws of the State of Arizona. In the event of litigation, reasonable attorney's fees will be reimbursed by the losing party to the winning party. The parties consent to jurisdiction and venue in either the United States District Court for the State of Arizona or the Superior and Municipal Courts of Arizona for Maricopa County. If any part of these terms and conditions shall be ruled unenforceable, then the remainder will be executed to the extent possible. Any action by the buyer must be commenced within six months of the date of delivery of any products. This agreement is the entirety of the agreement entered upon by the buyer and GMG. It is not modifiable except by a written document signed and agreed upon by both parties. Application of Terms and Conditions between GMG and Supplier The following must appear on all cartons: Our Part Number; our Purchase Order Number; carton quantity. Packing List must accompany all shipments. The right to route shipments is vested entirely with GMG. You must use the carrier indicated on the purchase order. Failure to comply will result in chargebacks for the full amount of the freight. We reserve the right to refuse any shipments via unauthorized carriers. Any expenses incurred are for your account. Please call our Traffic Department if any complications arise. A copy of the signed bill of lading must be returned with your invoice. Payment will not be made without this document. Bill of Lading must show our reference number(s). Do not ship order incomplete without prior authorization by our Purchasing Department. If freight is for our account, shipment must be sent "FREIGHT COLLECT". Prepaid and additional freight will not be paid. Consolidate orders shipped on the same day to minimize our freight costs. You will be responsible for excess freight if consolidations are not made. The shipment of goods shall constitute acceptance of the terms and conditions hereof, any contrary terms and conditions contained in Supplier's invoice, acknowledgement, packaging or other documents notwithstanding. This writing contains the total agreement of the parties with respect to this transaction, and all agreements entered into prior to or contemporaneously with this agreement are excluded whether oral or in writing. The offer to purchase of GMG is accepted by the Supplier, by prompt and immediate shipment of conforming goods as described in the face of the purchase order. Prompt shipment shall mean by the date specified at the time of order placement. The shipment of non-conforming goods shall be considered an acceptance and breach. GMG reserves the right to revoke this offer at any time prior to receipt of conforming goods. This offer may only be accepted on these exclusive and exact terms set forth herein and no additional terms or modification shall be accepted. This agreement cannot be modified in any way, except in writing signed by the parties hereto. Shipments made hereunder shall equal the exact amounts(s) ordered. GMG reserves the right to refuse unauthorized partial shipments or to charge back freight charges in subsequent shipments. GMG reserves the right to charge back to Supplier full freight costs of shipment sent which are not made in accordance with GMG's routing and shipping instructions, as stipulated herein. GMG's production schedules are based upon the agreement that goods will be delivered by the dates specified on purchase orders. GMG reserves the right without liability, in addition to other rights and remedies, to terminate this contract by notice when received by Supplier, or to purchase, substitute goods elsewhere, or, alternatively, to refuse to accept such merchandise upon delivery thereof, or GMG may return such merchandise in whole or in part to Supplier at Supplier's expense end risk, and to charge Supplier with any loss incurred. Acceptance of delivery of goods shipped after the date(s) specified shall not constitute a waiver of GMG's rights to recover damages for the late delivery. The transaction between the GMG and the Supplier is a sale or return. Goods purchased hereunder are subject to inspection and approval at GMG's destination prior to GMG's acceptance. GMG reserves the right to either require correction or reject and return any goods found not to be in accordance with the order and the warranties set forth herein. Costs incurred by the GMG in connection with such inspection and return will be charged to Supplier and GMG may purchase substitute goods elsewhere and charge Supplier with any loss thus incurred. The generality of the foregoing notwithstanding. GMG shall be under no obligation to inspect goods prior to use. Complaints or notices as to defects in goods or notice of any other breach, will be considered within a reasonable time after GMG receives notice of such defect or other breach. GMG's failure to state a particular defect upon rejection shall not preclude GMG from relying on unstated defects to justify rejection or establish breach. Supplier agrees that GMG shall be under no duty to inspect such merchandise before resale and that all warranties, express or implied, shall survive inspection, acceptance and payment by GMG and GMG's customers. Resale, repackaging, or repacking for purposes of resale shall not be construed as an acceptance. The failure of GMG to reasonably notify Supplier of the intention of GMG to reject the goods purchased under this agreement shall not be deemed an acceptance of the goods by the GMG. The acceptance by GMG of a specifically designated partial quantity of the total goods ordered, shall operate as an acceptance of that specific quantity only and shall not operate as an acceptance of the balance of the goods to be delivered, or not specifically accepted. Each partial quantity shall be subject to separate acceptance by GMG. If GMG elects to return the goods to Supplier, Supplier shall bear the risk of loss and expense incurred in returning the goods. The risk of loss, damage or casualty to, or any liability with respect to the goods, regardless of the cause, shall remain with the Supplier until the goods have been accepted by GMG. Supplier warrants and represents said Supplier has absolute and good title to and full right to dispose of the goods sold hereunder, and that there were no liens, claims, encumbrances, or any kind against the goods. Supplier warrants that the goods to be delivered under this order will conform to the description thereof in this order and to the sample or specifications from which order was placed, that the goods are of the best materials and workmanship, merchantable, for the purpose for which purchased and free from defect; and the goods sold hereunder and every part of them, do not infringe any patent, trademark, trade-name, copyright or any other property right of any third party; and that it has and will continue during the performance of the order to comply with the provisions of all Federal, State and local laws and regulations from which liability may accrue to GMG from any violation thereof. Inclusion herein of express warranties and representations by Supplier shall not be deemed to be a waiver of such other warranties as may be implied by law or fact, or provided for by any State or Federal statute or regulation. Any statements made by the Supplier's agents whether oral or written or in the Supplier's advertising or promotional literature, with respect to the quality, grade, performance, and use of such merchandise, shall be deemed express warranties. All warranties, express implied, shall survive delivery, inspection, acceptance and payment of GMG. If any representation or warranty is breached, GMG may, in addition to its other remedies, cancel this Agreement. Supplier will be responsible for maintaining their product(s), information regarding their product(s) and all changes associated with. These warranties are in addition to all other warranties, express, implied or statutory. All warranties run not only to GMG, but to its successors, assigns, customers, and to the users of the goods. If Supplier shall default in the performance of any of the terms hereof, or breach any of its obligations hereunder or any other order placed with Supplier, or breaches any representation or warranty, or if Supplier becomes insolvent or makes an assignment for the benefit of creditors, or a petition in bankruptcy if filed by or against it, or a trustee or receiver is appointed over any of its property, then GMG may in addition to all other rights and remedies available hereunder or at law or in equity cancel the order in whole or in part by written notice or telefax and GMG shall have no obligation to Supplier whatsoever by reason of such cancellation. In addition, in the event of Supplier's default hereunder, the GMG shall be entitled to offset against amounts due by GMG to Supplier under this Purchase Order or any other purchase order any amount for which GMG is entitled to indemnification hereunder. Supplier agrees to furnish GMG with insurance certificates evidencing Workers Compensation and general liability insurance covering bodily injury, personal injury and property damage with limits of no less than $1,000,000 combined single limit including contractual liability. If insurance specifications are attached, coverage must comply with its requirements. No waiver of any breach or of any of the terms and conditions of this Purchase Order shall be construed as a waiver of any subsequent breach of such term or condition or of any other term or condition of the same or different nature of this or any other purchase order, nor shall the receiving of any goods under the order be deemed a waiver of any GMG's rights with respect to any prior failure by Supplier to comply with the provisions of the order. Supplier's acceptance of this Purchase Order is Supplier's warranty that Supplier is complying with the U.S. Fair Labor Standards Act of 1938 as amended and all applicable laws. No rights arising under this agreement may be assigned by Supplier. An assignment would change the duty imposed by this agreement, would increase the burden of risk involved and would impair the chance of obtaining performance. Any assignment in contradiction of this provision shall be a breach of this agreement. GMG may assign this agreement without the consent of Supplier. This agreement is executed with the understanding that no obligation for performance which this agreement imposes on the Supplier may be delegated to any other person without the written consent of the GMG, and that the GMG has a substantial interest in having the Supplier perform or control the acts required by this agreement. Any such delegation attempted without GMG's prior written consent shall be a breach of this Agreement. If any clause of this agreement is held unconscionable by any court of competent jurisdiction, the clause in question shall be modified to eliminate the unconscionable element and as so modified the clause shall be binding on the parties. The remaining provisions of the agreement shall not be affected by the modification of any unconscionable clause. Any and all taxes, fees, imports or stamps required by any law, ordinance, code, or regulations of any governmental entity having jurisdiction thereof by virtue of the sale, transport, or transmission of the merchandise delivered hereunder to the GMG, shall be paid by the Supplier, including obligations incurred in connection with unemployment insurance or other social insurance or pensions, maintained pursuant to any laws, ordinances, codes or regulations. Prices recorded on any purchase order submitted to Supplier are not subject to increase. No additional amounts shall be chargeable to GMG because of taxes or excises, presently or hereafter levied on Supplier. If Supplier's quoted prices for the goods covered by this order are reduced (whether in the form of a price reduction, closeout, rebate, allowances or additional documents offered to anyone) at time of any shipment, Supplier agrees that the price to GMG for such goods will be reduced accordingly, and that GMG will be billed to such reduced prices. The discontinuance of, or a substantial interference with, the GMG's business, in whole or in part, or with the particular department on behalf of which this Purchase Order is given, by reason of fire, flood, or other act of God, embargo, civil commotion, or war, labor disputes, governmental regulations, or any other acts beyond the GMG's control, shall give the GMG the option to cancel, in whole or in part, and without liability, all undelivered orders or unfilled parts of orders or to extend the time of performance of such obligations. Any purchase order and the acceptance of it shall be a contract made in Arizona and governed by the laws thereof without reference to the conflicts of law principles thereof. Venue for any action which may arise from this contract shall be exclusive in Federal District Court closest to the corporate offices of GMG. GMG deserves the right at any time, and from time to time, without cause, to cancel all or any part of the undelivered portion of the purchase order by notice to Supplier. In the event of such cancellation, GMG shall not be liable to Supplier for consequential or special damages or loss of anticipatory profits. The provisions of this paragraph shall not limit or affect GMG's right to terminate the purchase order as a result of the default of Supplier. General Indemnification. Supplier agrees to indemnify, defend and hold o harmless GMG from and against any liability, claim, damage, loss or expense arising from or in any way relating to the manufacture, design, shipment, resale, demonstration or use of any product purchased from Supplier. Supplier hereby waives and relinquishes all liens and claims, statutory or otherwise, which Supplier now has or may hereafter have as a result of labor done and materials furnished by Supplier in performance of the purchase order.

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