Terms & Conditions
Welcome to [website address for MI parts], the online parts shop for medical parts and equipment (“Mi Parts”). Please read the following terms and conditions (the “Terms”) carefully. By using Mi Parts or by registering as a user with Mi Parts, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use Mi Parts.
APPLICABILITY OF TERMS. These Terms have been presented as an integral part of an offer for the sale of medical imaging parts and equipment (“Items” or “Equipment”) by Med Imaging Healthcare Limited or Mi Parts (“Seller”). Whether provided through email, fax, online ordering system, or other communication, the price quoted and the offer for sale is made subject to the following Terms. Acceptance of the offer will be assumed by any of the following: making payment to Seller, transmitting shipping instructions, transmitting a purchase order, submitting an order through the online ordering system, or otherwise communicating assent, and is EXPRESSLY CONDITIONAL on these Terms, to the exclusion of any different or additional terms.
These Terms, or as modified by the particular terms of the quote, constitute the entire agreement between the parties for the sale/purchase. No course of dealing or usage of trade shall control this transaction. Any purchase order or other confirming document transmitted with an acceptance is for Buyer’s accounting purposes only, the terms of which are intentionally excluded from this Agreement. Neither Seller nor Buyer has entered into this agreement in reliance upon any representation, warranty, condition, or undertaking of any other party which is not set out in this Agreement.
Mi Parts is a website for buyers of new/used medical equipment and parts. At any time, we may decide that certain items do not qualify for listing on Mi Parts. Consequently, we may remove such items, or refrain from listing them.
Acceptable use of Mi Parts
Subject to the Terms, you may access and use the information, data and materials on Mi Parts (the “Content”) and participate in the online buying of items. You agree to abide by all applicable local and international laws, regulations and rules, including tax laws, customs duties, and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of Mi Parts and the access and use of Mi Parts by anyone on your behalf.
When using Mi Parts, you agree to refrain from willfully, or carelessly:
- Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of Mi Parts;
- Transferring your Mi Parts account and User ID to another party without our explicit prior written consent;
- Registering more than one Mi Parts account without our explicit prior written consent;
- Using any kind of automatic process or robot to register with Mi Parts;
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
Registration and User account
Mi Parts serves all Internet users. However, certain services, including all online market activity on Mi Parts are available to registered users only.
You may not register with Mi Parts if you are under the age of 18.
Registration with Mi Parts is free of charge. However, we may opt to charge registration fees in the future. We will require such fees only following the posting of prior notice on Mi Parts, but we are under no obligation to notify you in person of any change in our registration policy. If you do not consent to the terms in the notice or fail to settle your registration fees to our satisfaction, then your account on Mi Parts shall be terminated.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on Mi Parts as a result of conveying your details to someone else.
Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing Mi Parts and take technical and legal steps to keep you off Mi Parts (“Black List”), if we think that –
- You have abused your rights to use Mi Parts; or
- You have breached the Terms; or
- You have performed any act or omission that violates any applicable law, rules, or regulations; or,
- You have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users and suppliers of Mi Parts; or,
- You made use of Mi Parts’ services to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,
- You conveyed your user name and password to another person.
Except as expressly provided in the Terms, content on Mi Parts does not constitute professional advice. Please remember that accurate professional consultation in areas of expertise (e.g. medical matters, legal issues, professional equipment, value estimation, financing, insurance etc.), depends on the precise facts of each and every individual case. The content on Mi Parts is in no way a substitute for any such professional consultation.
We reserve the right at all times to review, retain and/or disclose any information as we may deem necessary to satisfy any applicable law, regulation, legal process or governmental request. However, by doing so we do not either expressly or impliedly endorse, affirm or in any manner assume any responsibility for such communications.
Mi Parts may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking the advertisements, you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for the privacy practices of the advertisers, or for the content of their websites, information, messages or offers. You are fully accountable for all communications with the advertisers and for all transactions that take place subsequently.
Correction of errors
We put great effort in ensuring the reliability of facts and details that we post on Mi Parts. However, errors may sometimes occur. If you think that any information or publication that we have posted on Mi Parts is erroneous, please inform us at firstname.lastname@example.org.
All rights, title and interest in and to Mi Parts (except for users’ and third parties’ content), including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to us.
Unless otherwise expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on Mi Parts, which is subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in the Terms.
You must avoid any action or omission which may dilute or tarnish our goodwill.
Changes in Mi Parts
We may from time to time change Mi Parts’ layout, design or display, as well as the scope and availability of the content and Services therein, without giving prior notice.
Site and service availability
Mi Parts’ availability and functionality depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that Mi Parts will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorised access or error free.
Termination of Mi Parts’ operation
We may at all times, in our sole discretion, terminate the operation of Mi Parts, or any part thereof, temporarily or permanently. We may not give any notice prior to the termination of Mi Parts. At any time, we may block, remove or delete any content from Mi Parts, without maintaining any backup copy.
You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of Mi Parts’ operations and loss of any data as a result.
Amendments to the Terms
We may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after we have posted an initial notification on Mi Parts’ homepage or any other relevant web pages on Mi Parts, with respect to such changes. Other changes will take effect 7 days after their initial posting on Mi Parts, unless we amend the Terms to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use Mi Parts, or any of the services on Mi Parts shall indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of Mi Parts.
We advise you to periodically read the Terms, as they may change from time to time.
DISCLAIMER OF WARRANTY
Mi Parts IS PROVIDED FOR USE AS IS. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO Mi Parts, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE DO NOT WARRANT THAT Mi Parts WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF Mi Parts IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
WE, INCLUDING OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE Mi Parts, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF Mi Parts, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON Mi Parts, OR FROM ANY COMMUNICATION WITH Mi Parts, OR WITH OTHER USERS ON OR THROUGH Mi Parts, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON Mi Parts. IN ANY EVENT, YOUR SOLE REMEDY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES THAT YOU PAID US THROUGHOUT THE 6 MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO YOUR CLAIM.
You agree to indemnify, defend and hold harmless, Mi Parts and our managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on our behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of Mi Parts, any communications that you convey through Mi Parts, or your breach of the Terms, or any other terms, rules or regulations applicable to Mi Parts, or your violation, or infringement of other persons rights.
We may contact you and send you notice via e-mail, regular mail, Short Message Services (‘SMS’), fax messages and postings on Mi Parts. You may contact our customer relations, by using the ‘contact us’ form on Mi Parts.
The User Agreement constitutes the entire agreement between you and us with respect to the use of Mi Parts and supersedes any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, shall be effective unless consented to explicitly and executed in writing by our authorized representative.
The User Agreement shall take precedence over all documents, forms and policies incorporated thereto, which may conflict with the User Agreement, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of the User Agreement.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
Changes in Ownership
We may incorporate Mi Parts as a separate company or transfer ownerships rights and title in Mi Parts, to a third party, provided that your rights according to the Terms are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in Mi Parts and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you shall be null and void without our prior explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
“Including”, whether capitalized or not, means without limitation.
“Terms” or “User Agreement” means including all policies, forms and documents incorporated thereto.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Terms.
Unless otherwise indicated on the quote, payment will be due before the Item is available to ship.
The Seller is responsible for the costs of shipping the Equipment. Unless otherwise agreed, shipping costs are included in the price of the Parts or the Equipment.
Seller claims no right, title or interest in or to any software or other licensed products (“Products”) that may be attached to or necessary for the operation of the Equipment that is the subject of this Agreement, and further, Seller disclaims any responsibility for procuring for Buyer from the owner or owners of such Products the legal right to use such Products, whether by assignment of any licenses or other conveyance, and such Products will at all times remain the property of the owner or owners thereof. Buyer is solely responsible for obtaining or causing to be obtained the proper legal authority to use such Products from the owner or owners thereof, and Buyer shall indemnify and hold Seller harmless from and against all claims by others arising from allegations of Buyer’s wrongful use thereof, or from Buyer’s failure to properly observe all copyright restrictions, and any other proprietary interests claimed by others in connection with such Products.
All Equipment and parts are provided As-Is, Where-Is, unless stated otherwise in this Agreement. If a warranty is expressly included in the quote, it is a LIMITED WARRANTY, requiring Seller to take commercially reasonable steps to repair or replace an Item that fails if: 1) the failure was not due to some force external to the Item (e.g. power surge, physical impact, or other system failure – to be determined in Seller’s discretion); 2) the failure was not in any way due to an act or omission of Buyer; 3) the failure occurs within the warranty period; and 4) Seller receives notice of the failure within 72 hours. The parties agree that Seller will not be responsible for any shipping, labour, installation, engineering costs, downtime, temporary equipment, or INCIDENTAL OR CONSEQUENTIAL costs or damages, even if Seller is made aware of their possibility. Any warranty for a piece of Equipment will be void if any of the seals or warranty stickers have been removed or tampered with in any way.
ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM THE COURSE OF DEALING AND PERFORMANCE OR OTHERWISE ARE WAIVED BY SELLER AND BUYER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SELLER SPECIFICALLY DISCLAIMS ANY WARRANTIES OR GUARANTEES WITH RESPECT TO OUTCOME RESULTING FROM ANY SERVICES. BUYER’S EXCLUSIVE REMEDY, AND SELLER’S SOLE OBLIGATION, FOR ANY BREACH OF THIS OR ANY OTHER WARRANTY HEREUNDER SHALL BE FOR SELLER, UPON RECEIPT OF WRITTEN NOTICE, TO USE COMMERCIALLY REASONABLE EFFORTS TO CURE THE BREACH AT ITS OWN EXPENSE, AND FAILING THAT, TO RETURN ANY FEES PAID TO BUYER FOR THE EQUIPMENT OR SERVICES RELATED TO SUCH BREACH.
Seller shall not be liable for any failure to perform under this Agreement due to circumstances outside of Seller’s exclusive control.
Buyer represents and warrants to Seller that neither the Equipment nor its component parts shall be: (i) used for anything other than its intended medical use; (ii) directly or indirectly implemented in or used for the manufacture, development or dissemination of any type of weapon; (iii) transported in violation of import or export laws. Buyer also represents that: (i) Buyer will comply with all laws; (ii) Buyer will pay or reimburse Seller for any taxes for which this transaction is eligible (iii) Buyer will obtain any software licenses required by law or necessary for the operation or continued use of the Equipment; (iv) Buyer will provide and maintain a safe and professional work environment in which Seller is to perform any installation services; (v) Buyer will assume responsibility for the preservation of all data and patient information; and (vi) Buyer has not provided Seller any reason to believe these representations are false. Seller makes the subject of this agreement for sale on the basis of Buyer’s representations and warranties being true and Seller’s obligation to perform are conditioned on same.
Failure of Seller to enforce any provision of this Agreement shall not constitute a waiver of the provision. Seller’s waiver shall only be effective if evidenced by a writing signed by Seller.
Governing law; Dispute resolution; Jurisdiction
This Agreement shall be governed by and construed in accordance with English law and the Parties submit to the non-exclusive jurisdiction of the English Courts. MI HEALTHCARE is an independent contractor of the Customer. Neither this Agreement, nor any terms and conditions contained herein, shall be construed as creating or be deemed to create a partnership, joint venture or franchise relationship between the Parties. MI HEALTHCARE’s employees are under MI HEALTHCARE’s exclusive direction and control. Save as provided elsewhere in this Agreement, no waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving Party. Notices must be in writing to MI HEALTHCARE’s or the Customer’s address specified in this Agreement and shall be deemed delivered on the first working day after sending by hand or (subject to confirmation of transmission) by email, or on the third working day after being placed prepaid in the first-class post to MI HEALTHCARE’s or the Customer’s address. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected. This Agreement contains the entire Agreement reached between the Parties with respect to the subject matter and supersedes and cancels all previous negotiations, communications, declarations, agreements, undertakings and commitments, either oral or written, between the Parties regarding the subject matter hereof and may not be modified except in writing signed by duly authorised representatives of the parties.
This policy explains the refunds you may be entitled to regarding the various fees for using Mi Parts and Mi Parts’ services. Any refund request is subject to Mi Parts’ Terms and to this policy.
All parts and boards are tested before being shipped, and documentation is kept of the testing and can be provided upon request.
All parts are photographed before being distributed and stored on our database.
Any claim for a refund must be submitted within 10 working days of the part being shipped.
A 25% re-stocking fee is applicable for all returned parts. Mi Healthcare will check/test the returned part to ensure it is in the same condition as shipped. If not in the same condition, then no refund will be due.
In all circumstances the Customer pays for the cost of shipping back to Mi Healthcare.
The customer is responsible for ensuring that the correct manufacturers procedures are followed in order to verify the revision, configuration and calibration process as part of good working practices when fitting or installing any component or part supplied by Mi Parts.
Mi Parts will not be responsible for any consequences where the Customer has not followed the manufacturer’s instructions and procedures.
This policy is incorporated to the Terms. By accepting the Terms, you agree to be bound by the terms of this policy, as well.
Proper form of a refund request
Requests for a refund must be made in writing and may be sent by using the ‘contact us’ form on Mi Parts, or by contacting Mi Parts at service@Mi Parts.com.
All refunds shall be accomplished using the same means as for the original fee payment.
Changes to this Policy
We may change and update the terms of this Policy from time to time. We therefore recommend that you read it periodically. All substantial changes that we make to this Policy will be notified on Mi Parts and take effect 30 days following their initial posting.
You may send us requests, responses, questions and complaints, by using the ‘contact us’ form on Mi Parts, or by contacting us at service@Mi Parts.com.