Terms and Conditions

TERMS & CONDITIONS – TECHMASTER CARTS (TMC)

1. PAYMENT TERMS: Prices quoted are for payment net 30 days. Interest at the rate of 1½% per annum for any amount not paid by vendor within thirty (30) days of invoicing shall commence accruing interest from the 31st day until the amount due is paid in full. In the event TechMaster Carts (TMC) engages an attorney to collect the amount due, vendor shall reimburse TechMaster Carts (TMC) for any attorney fees and costs incurred in collecting the amount due.

2. Accounts must be current to guarantee uninterrupted service.

3. Prices quoted exclude any applicable taxes, shipping, and/or customs charges.

4. Invoiced upon completion of individual services.

5. Warranty:
   • TMC provides a one-year limited warranty on carts as received from the TMC factory. These carts are designed to last their intended lifetime with normal use by the original owner.
   • TMC honors the manufacturers’ warranties for surge protectors and mounting hardware. Surge protectors carry a one-year parts-only warranty (no labor). Mounting hardware carries a ten-year parts-only warranty (no labor). No other warranty is offered, provided, or implied.
   • This warranty does not apply to any products that have been modified and is non-transferable.
   • All carts sold outside of the United States of America carry no warranty unless otherwise noted.

6. Cancellation of Carts. The purchase order becomes a binding contract, subject to the terms and conditions herein:
   • Cancellation requests for carts will be handled on a case-by-case basis. If accepted, a 25% restocking fee of the total purchase order will be invoiced. In addition, all applicable shipping charges and taxes will apply.
   • All cancellations must be made during normal business hours, Monday–Friday (excluding holidays), and must be submitted within 48 hours (2 business days) from the time the purchase order is submitted. All cancellation requests must be communicated directly through our customer service department at customerservice@technicallifecare.com or 800-989-8949. Field personnel are not authorized to accept cancellations.
   • Once manufacturing has begun, any accepted cancellation will be subject to additional charges as determined by TMC.

7. Prices quoted do not include client training unless otherwise specified in writing.

8. TMC makes no warranty that the carts are or will be delivered free from any claims of patent, copyright, trademark, or other intellectual property infringement. Buyer agrees to indemnify and hold harmless TMC against any claims related to such infringement associated with the carts sold to Buyer.

9. Title and Right of Possession: Title to and right of possession of the equipment sold hereunder shall remain with TechMaster Carts (TMC) until all payments have been made in full and received by TMC. Failure of Customer to pay the purchase price shall entitle TMC, without liability and with or without notice, to repossess such equipment and pursue all remedies available at law or equity.

10. TMC reserves the right to modify these Terms and Conditions. TMC will use commercially reasonable efforts to continue support of equipment after the original manufacturer has reached end-of-life.

11. Governing Law & Arbitration: This contract shall be governed by the laws of the State of Minnesota. Any claim, dispute, or controversy arising from or related to these Terms and Conditions shall be submitted to binding arbitration in Minnesota. The arbitration award may be entered as judgment in any court having jurisdiction. TMC and Customer expressly waive any right to a jury trial for any dispute arising under this Agreement.

12. Attorney’s Fees: Should any litigation be commenced between Buyer and TMC, or their representatives, regarding any provision of this contract or the rights and duties of any party hereunder — including actions taken to collect outstanding balances — the prevailing party shall be entitled to recover reasonable attorney’s fees, costs, and expenses, whether resolved by settlement or final judgment. Any such judgment shall include recovery of costs and expenses related to:
    (i) enforcement and execution of judgment;
    (ii) post-judgment motions;
    (iii) contempt proceedings;
    (iv) garnishment, levy, and examinations of debtors and third parties;
    (v) discovery; and
    (vi) bankruptcy proceedings.

13. Force Majeure: TMC shall not be liable for any delay or failure of performance arising directly or indirectly from circumstances beyond its reasonable control, including but not limited to acts of government, acts of God, war, riot, supplier failure, sabotage, fire, explosion, accident, transportation disruption, flood, strike, labor disputes, lockout, or changes in applicable law.