Terms and Conditions of Website Use

 

PLEASE READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE") FOR ANY PURPOSE. By using and navigating our site you consent to information practices outlined in our Privacy Policy and in our Terms and Conditions of Use as set forth below. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.

 

Your use of this site and the information available on this site is subject to the following Terms:

 

Ownership

This site is owned and operated by Sanibel Supply, a d/b/a of Diagnostic Group LLC ("Sanibel").

 

Territory

This site is intended solely for users located in the United States of America.

 

Agreement

By using this site and our services, you agree to accept unconditionally our Terms and you unconditionally agree to be bound by these Terms.

 

Terms and Conditions Updates or Changes

We reserve the right to change the Terms of this agreement or to modify any features of this site at any time. By registering as a member of this site and/or using this site after the posting of notices regarding such changes, you agree to be bound by such changes.

 

Payment Terms

Sanibel Supply accepts credit approved purchase orders, Visa, MasterCard and American Express for online orders.

 

Sales Tax

Sales tax is collected for shipments to addresses in the following states: AR, CA, CO, CT, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, ND, NE, NJ, NV, NY, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WA, WI, WV, & WY.

 

If you are exempt from sales tax and the delivery address is within one of the states listed above, please check the Tax Exempt box when registering, or you can update the information by accessing the My Account link at the top of every page. If you are tax exempt, please send us a copy of your tax exemption certificate for our file. Please e-mail the Tax Exemption Certificate to contact@sanibelsupply.com or fax it to 952-288-2143.

 

All tax exempt sales will be held in a pending status until an exemption certificate is received or verified as being on file.

 

Purchase orders

1. All orders are subject to credit department approval.

2. Terms of sale upon approval of credit are Net 30 days. Any variation from our published terms must be authorized in writing by Diagnostic Group LLC to be honored.

3. All new accounts and current accounts requesting changes in credit status will be required to supply an updated credit application and trade references.

4. Diagnostic Group LLC retains the right to refuse shipment of orders to any account with a past due bal-ance.

5. A 1.5% per month (18% annual) finance charge will be placed on all past due balances.

6. In the event of non-payment, customer agrees to pay all collection costs and reasonable attorney fees.

7. N.S.F. checks may cause an account to be placed on immediate cash in advance status or payment terms requiring certified funds. We may deem ourselves insecure anytime at our discretion and accelerate the full amount of the obligation.

8. All COD shipments will include a handling charge subject to price changes.

9. Terms and conditions are subject to change and any claims shall be venue in the appropriate Minnesota State or Federal court. All terms and conditions shall be governed by Minnesota law.

 

Shipping Terms

UPS Ground is the normal method of shipment. Expedited shipping is available for an additional charge. Shipping and Handling charges will be prepaid and added to your invoice. Shipping and Handling charges will be calculated according to UPS Standard Rates. These rates currently are available at: www.ups.com. All shipments are FOB Sanibel's facility. Title to products and risk of loss passes from Sanibel to you upon delivery to the carrier. All in stock orders will be shipped within 24 hours of order (except weekends and holidays). In the event that an item is out of stock, a Sanibel Customer Service Representative will notify you of the delay and ship any other items ordered under in stock guidelines.

 

Return Policy (Audiometers and Tympanometers excluded, see separate policy below)

Sanibel Supply® has a “no-hassle” return policy. This means that a product* bought from sanibelsupply.com will be accepted for return within 21 days from date of purchase, even if it was opened or used. Sanibel Supply® will refund the purchase price, except shipping and handling charges, without questions when the item(s) being returned are accompanied by a completed Return Slip (to the credit card account used in the original purchase). The Return Slip will be included with each shipment. *audiometers and tympanometers excluded

 

Warranty and Return Policy for audiometers and tympanometers

All new instruments is for a period of one year to be free of defects due to workmanship under normal use. Instruments that have an out of the box failure will be replaced at the discretion of the company. Used instruments will have a 6-month limited warranty. Warranty covers parts, labor and shipping from the manufacture and will receive calibration certification at no charge.

1. Warranty Repairs: Equipment under warranty will be repaired and calibrated at no charge to the customer and shipped 2nd day or better. Customer is responsible for all shipping charges to the factory.

2. Warranty Parts: Parts under warranty are no charge. Distributors can submit a P.O. for warranty parts to perform repairs on site. Parts will be shipped 2nd day or better with a credit to be issued once the manufacturer receives the defective parts and the Merchandise Return for Credit Form

3. Warranty Replacement: The Company may, at its discretion, choose to replace a device that has experienced an out of the box failure (within 15 days of shipment.) A replacement device will be shipped and billed with credit to be issued upon return of the defective device and a Merchandise Return for Credit Form.

4. Returns: All returns must include a Merchandise Return for Credit Form, All Returns not for warranty replacement are subject to a 10% restocking fee. Items returned without the Merchandise Return for Credit Form will be refused. Contact our office for a copy of the Merchandise Return for Credit Form.

5. Repair Rates: All out-of-warranty repairs will be performed at a rate of $150.00 an hour and billed in half hour increments (half hour minimum). All Repairs are covered by a 90 day warranty covering the repair performed.

6. Calibration: All repairs may be calibrated and certified at the customer’s request. Additional charges apply.

7. Distributor Discount: Authorized distributors will be charged standard distributor pricing on all parts used for an out-of-warranty repair and will also receive a 25% discount on labor and calibration.

8. Non-Authorized Distributors: All non- authorized distributors who contact the service department in regards to any technical related questions must have purchased a service manual for the device and will be billed at a rate of $150.00 per hour, or a minimum of $75.00 per call. This payment will need to be made at the time of the call via credit card. In addition, any parts orders that are placed by a non authorized dealer, will be priced at the current suggested retail price and have a minimum of $50.00 per order

 

Unsolicited Ideas

Sanibel is eager to receive your comments and answer your questions about our products and our company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture, or marketing of our products. By adhering to this policy, we hope to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to products or concepts developed by Sanibel's employees.

 

Third Party Software

As a convenience to you, Sanibel may make third-party software available through the site. To use the third-party software, you will agree to the terms and conditions imposed by the third party provider. The agreement to use such software will be solely between you and the third party provider. Sanibel does not guarantee that any software downloaded through the site will be free of viruses, worms, spyware or other forms of corruptive or destructive code or features. Sanibel makes no representations or warranties concerning, and is not liable or responsible in any manner for, the performance, effectiveness, or any other aspect of any third-party software downloaded through the Service.

 

Jurisdictional Limitations

The products referred to in this site are available in the United States and may not be available in your country. This site is controlled and operated by Sanibel from the United States, and Sanibel makes no representation that the information and materials in this site, including, without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations. Also, some software from this site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

 

Restrictions on Site Use

This site is available only for, and you may use this site only for, your own personal, non-commercial, shopping, and information purposes. Copying, reproducing, posting, publishing, broadcasting, modification, distribution, or transmission in any way without the prior written consent of Sanibel is strictly prohibited. Sanibel reserves title and full intellectual property rights for materials downloaded or otherwise received from this site, subject to but not limited to the Copyright and Trademark Notice as set forth herein.

 

Copyright and Trademark Notice

This site - including, but not limited to, text, photographs, graphics, video and audio content - is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions. DIAGNOSTIC GROUP AND SANIBEL SUPPLY, as well as other names, button icons, text, graphics, logos, images, designs, titles, words or phrases, audio clips, page headers, trademarks, and service names used on this site are the trademarks, service marks, trade names or other protected intellectual property of Diagnostic Group LLC d/b/a Sanibel Supply or its affiliates. You may not use any of such materials for any purpose without the express written agreement of Sanibel. All other brands and names are the property of their owners. All individual articles, content and other elements comprising this site are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this site. Just as Sanibel requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify Sanibel by emailing us at contact SanibelSupply.

 

No Improper Reproduction or Distribution

Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this site, except that you may download material from this site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this site over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. You also may not delete or change any copyright or trademark notices.

 

User Content License

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this site, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium now in existence or hereinafter developed and for any purpose, including commercial purposes, and to authorize others to do so. Your establishment of an account through this site, your postings to this site, and electronic mail delivered to Sanibel, are not confidential and Sanibel shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Sanibel by electronic mail are, and shall remain, the sole and exclusive property of Sanibel and may be used by Sanibel for any purpose whatsoever, commercial or otherwise, without compensation to you. If you are utilizing this site as a means of providing information to Sanibel in furtherance of a vendor-vendee relationship, you represent and warrant that the material specifications and all other information which you provide is accurate and complete and that you shall promptly notify us whenever there is a modification or other change in any such information.

 

Unauthorized Advertisement or Infringement

This site has been specially designed for presentation of content and creative works in a unique format and appearance to our users. We are concerned about the integrity of our site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our site. Neither you nor any third party shall make use of the site in any manner that constitutes an unauthorized advertisement or any other infringement of our rights, including copyright that has not been authorized by us.

 

Links to Our Site

Hypertext linking to this site is permitted. However, Sanibel reserves the right to disable any link to any site Sanibel believes contains scandalous, offensive, obscene, scurrilous, or inappropriate content or that, in the sole opinion of Sanibel, adversely affects the goodwill of Sanibel or any trademark or service mark of Diagnostic Group LLC dba Sanibel Supply or its affiliates. Sanibel expressly reserves all available legal rights and remedies for any cause predicated on hypertext linking of this site from any other site. "Framing" or any other use of this site that serves to affect the identity of this site or the source of the content of this site is prohibited.

 

Liability for Your Account

You are responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this agreement.

 

Termination of Account

Sanibel may, in its sole discretion, terminate your account (or any part thereof) or your use of the site, and remove and discard any content at any time, without notice, for any reason, including, but not limited to: (i) conduct that violates these Terms or other policies or guidelines set forth by Sanibel elsewhere on the site, (ii) conduct Sanibel believes is harmful to other users or the business of Sanibel, or (iii) failure to continue use of your account. Sanibel will not be liable to you or any third party for any termination of your access to the site or discarding content.

 

WARRANTY DISCLAIMERS

1. OUR SITE CANNOT, AND DOES NOT, CONTAIN INFORMATION ABOUT ALL HEARING OR OTHER MEDICAL CONDITIONS. THIS SITE MAY NOT CONTAIN ALL INFORMATION THAT IS APPLICABLE TO YOUR PERSONAL CIRCUMSTANCES. THE CONTENT IS NOT INTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATION WITH YOUR PHYSICIAN OR OTHER HEALTH PROFESSIONAL.

 

2. PRICE AND AVAILABILITY CONTENT, AS WELL AS OTHER CONTENT CONTAINED IN THE SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE. SANIBEL RESERVES THE RIGHT TO LIMIT QUANTITIES ON ALL ITEMS. EACH ADVERTISED ITEM MUST BE READILY AVAILABLE FOR SALE, UNLESS SPECIFICALLY NOTED ON THIS SITE WILL NOT ISSUE A "RAIN CHECK" OR PLACE A BACKORDER FOR ITEMS THAT ARE OUT OF STOCK.

 

3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIAGNOSTIC GROUP LLC DBA SANIBEL SUPPLY AND ITS AFFILIATES, MEDICAL ADVISORS, SUPPLIERS, CONSULTANTS, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY THROUGHOUT, "SANIBEL") DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION, AND/OR PRODUCTS CONTAINED ON THIS SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED, OR STATUTORY. SANIBEL MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THIS SITE. THE CONTENT OF THIS SITE, THE SERVER THAT MAKES IT AVAILABLE, AND THE SERVICES AND PRODUCTS WE PROVIDE ON OUR SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SITE. WE DO NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN THIS SITE WILL SATISFY YOUR REQUIREMENTS OR THAT THEY ARE ERROR OR DEFECT-FREE. BEFORE USING ANY PRODUCT, YOU SHOULD CONFIRM ANY INFORMATION OF IMPORTANCE TO YOU ON THE PRODUCT PACKAGING. YOU ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TO SANIBEL.

 

4. THIS SITE IS OPERATED IN THE UNITED STATES OF AMERICA AND SANIBEL MAKES NO WARRANTY OR REPRESENTATION THAT CONTENT IS APPLICABLE OR APPROPRIATE FOR USE IN OTHER LOCATIONS.

 

5. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SITE OR AVAILABLE THOUGH LINKS IN THIS SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SITE BUT ARE UNDER NO OBLIGATION TO DO SO. WE DO NOT GUARANTEE OR WARRANT THAT THIS SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SITE DO NOT CONTAIN VIRUSES, WORMS, SPYWARE OR OTHER FORMS OF CORRUPTIVE OR DESTRUCTIVE CODE OR FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER WEBSITES THAT MAY BE LINKED TO THIS SITE.

 

6. IF YOU RELY ON THIS SITE AND ANY MATERIALS AVAILABLE THROUGH THIS SITE, YOU DO SO SOLELY AT YOUR OWN RISK. SANIBEL EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH THIS SITE.

 

LIABILITY DISCLAIMER

SANIBEL AND ITS AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS AND LICENSORS ARE NOT LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, IN ANYWAY RELATED TO THIS SITE OR FOR ANY CLAIM, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS). LIABILITY IS LIMITED TO THE PURCHASE PRICE OF ANY ITEMS YOU PURCHASED FROM SANIBEL IN THE APPLICABLE TRANSACTION, IF ANY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH THIS SITE OR ITS CONTENT (INCLUDING THESE TERMS), YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION MAY NOT BE APPLICABLE TO YOU.

 

INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SANIBEL, DIAGNOSTIC GROUP LLC AND ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT OR ANY OTHER TERMS OR NOTICES POSTED ON THIS SITE. SANIBEL RESERVES THE RIGHT TO TAKE OVER THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS PARAGRAPH. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS IS REASONABLY REQUESTED BY US.

 

Entire Agreement

These Terms constitute the entire agreement between you and Sanibel governing your use of this site. Sanibel, in its sole discretion, reserves the right to (a) change these Terms, (b) monitor and remove postings, and (c) discontinue site availability at any time without notice. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use services of other parties affiliated with Sanibel, third-party content, or third-party software.

 

No Employment Contract

Should you become employed with Sanibel, none of the materials provided in this site constitute or should be considered part or all of an employment contract.

 

Waiver and Severability

If any part of this agreement is ruled to be unenforceable, then such part shall be eliminated or limited to the minimum extent necessary. The remainder of the agreement, including any revised portion, shall remain and be in full force and effect. The failure of Sanibel to exercise or enforce any Term will not constitute a waiver of such Term. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

 

Arbitration

By using this site, you agree that Sanibel, at its sole discretion, may require you to submit, and you hereby agree to submit, any disputes arising from the use of this site or these Terms, including disputes arising from or concerning their interpretation, application, violation, nullity, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said Rules. Such proceeding shall be governed by the laws of the State of Minnesota. Any award in an arbitration initiated under this section shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount, except that Sanibel may seek and receive an injunction against you to enjoin you from engaging in any acts of breach of this agreement, as alleged by Sanibel. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

 

Governing Law

This agreement shall be governed by the laws of the United States and the State of Minnesota. Any action to enforce this agreement shall be brought, at Sanibel's sole discretion, either through the Arbitration process as set forth herein or in the federal or state courts located in Hennepin County, Minnesota. You hereby agree to personal jurisdiction by such courts and to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Contacting Us

If at any time you would like to contact us with your views about our Terms and Conditions, you can do so by sending an e-mail to us here.

 

Questions or Comments?

Call us toll-free: 1-855-278-4432, Mon-Fri: 8am - 4.30pm (CST); contact SanibelSupply; Fax: 952-288-2143

Sanibel Supply Privacy Policy © 2011 Sanibel Supply, 10393 West 70th Street, Eden Prairie, MN 55344, U.S.A. All Rights Reserved.