Terms and Conditions | Milstar Medical

TERMS & CONDITIONS

By purchasing from Milstar Gear, you (Buyer) agree to these terms. Milstar Gear may revise these terms at any time.

RETURNS

Milstar Gear carefully inspects all products before shipment, but if you receive the incorrect product or a product with a defect covered by Milstar Gear’s warranty, please notify Milstar Gear customer service within 24 hours of receipt.

To return a product, it must be unused, in its original unopened packaging, and returned within 30 days of receipt. Custom or Specialty Kits must be in their original condition, suitable for resale.

Unless the product is defective or incorrect, all returns are subject to a 15% restocking fee and shipping charges are nonrefundable. Buyer is responsible for arranging and paying for return shipping.

To return a product, contact customer service to receive a Return Merchandise Authorization and return instructions.

ORDERS, PRICING, AND SHIPPING

Milstar Gear may accept or reject any order. Prices may change without notice. Any price changes effective after you submit your order will not change the prices on your order. Prices do not include charges for shipping and applicable taxes, and such amounts will be added to your order and are your sole responsibility. Shipping is FOB origin, with title to products passing to you (Buyer) at the time the product is prepared for shipping. As such, Milstar Gear is not responsible for shipping-related issues, such as delays, lost shipments, damaged items, duties/fees, etc. Delivery dates are estimates only. Buyer’s sole and exclusive remedy for failure to fulfill an order is the refund of monies paid for products. All prices and payments are in U.S. dollars.

Milstar Gear does not ship outside of the United States except to U.S. federal agencies and APO, DPO, or FPO addresses. For international orders outside of the stated exceptions, please contact us.

Written quotes are only valid for 30 calendar days from the origination date.

PRODUCT WARRANTY AND LIMITATION OF LIABILITY

FOR THIRD-PARTY PRODUCTS OR COMPONENTS, INCLUDING THOSE IN MILSTAR GEAR KITS, MILSTAR GEAR WILL PASS THROUGH TO BUYER ALL WARRANTIES PROVIDED BY THE THIRD PARTY, IF ANY. SUCH PRODUCTS AND COMPONENTS ARE SOLD BY MILSTAR GEAR “AS IS,” AND MILSTAR GEAR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. FOR PRODUCTS OR COMPONENTS MANUFACTURED TO MILSTAR GEAR’S SPECIFICATION, MILSTAR GEAR MILSTAR GEAR DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. MILSTAR GEAR EXPRESSLY DISCLAIMS MERCHANTABILITY AND LIABILITY FOR THE MANNER IN WHICH MILSTAR GEAR’S PRODUCTS ARE USED. THE ONLY REMEDIES FOR BREACH OF WARRANTY ARE (A) REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR (B) REFUND OF THE PURCHASE PRICE. SELECTION OF THE APPROPRIATE REMEDY WILL BE IN MILSTAR GEAR’S REASONABLE DISCRETION.

BUYER AGREES TO LOOK SOLELY TO THE MANUFACTURER OF THE PRODUCT FOR ANY CLAIM ARISING DUE TO LOSS, INJURY, DAMAGE, OR DEATH RELATED TO THE USE OR SALE OF PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILSTAR GEAR WILL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR SIMILAR DAMAGES; BUYER’S SOLE REMEDIES ARE SET FORTH IN THE WARRANTY.

INDEMNIFICATION

Buyer agrees to defend, indemnify, and hold harmless Milstar Gear from and against any Losses, by reason of or arising out of any suit or claim against Milstar Gear relating to

(i) any breach of Buyer’s obligations under these terms,
(ii) the negligence, gross negligence, or willful misconduct of Buyer,
(iii) Buyer’s violation of any applicable law or governmental regulations, or
(iv) misuse of Milstar Gear’s website.

Losses means any liability, loss, expense, cost, claim, or judgment, including reasonable attorneys’ fees.

BUYER REQUIREMENTS

By purchasing from Milstar Gear, Buyer represents it has obtained all applicable governmental registrations, approvals, licenses, permits, and authorizations from all federal, state, and local authorities necessary for the purchase, possession, or use of any product purchased. You represent you are not on any restricted party list, including the Denied Persons List and Specially Designated Nationals List. Products are only for use with proper training, per the manufacturer’s specifications, and (if applicable) per the manufacturer’s instructions for use.

PURCHASE OF CERTAIN MEDICAL DEVICES

Federal law requires the purchase of a prescription device comply with 21 C.F.R. § 801.109. States often have similar requirements, and some also require licenses for related activities such as transporting or storing prescription devices. Further, some states extend their licensure requirements to products that are regularly prescribed by a physician (e.g., for insurance purposes), even if the product labeling does not expressly require a prescription. As applicable, Buyer warrants it complies with all applicable laws.

Certain devices sold are non-prescription devices; however, they are intended for use by trained personnel only. Use by insufficiently trained personnel may pose additional risks. As applicable, Buyer warrants it complies with these restrictions.

INTELLECTUAL PROPERTY

Buyer has no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs, or any other intellectual property rights (IP) of Milstar Gear or its suppliers. All materials contained in Milstar Gear catalogs or on its web sites are subject to the ownership rights of Milstar Gear and its suppliers. Buyer shall have no right to copy or use any IP of Milstar Gear or its suppliers without Milstar Gear’s express, written permission.

GENERAL

Milstar Gear’s acceptance of orders is expressly made conditional on Buyer’s assent to these terms. Statements, clauses, or conditions modifying, adding to, or inconsistent with these terms contained in any order submitted by Buyer are void, and do not become part of the agreement between Milstar Gear and Buyer without Milstar Gear’s express, written, signed acceptance of those statements, clauses, or conditions. Milstar Gear’s fulfillment of any order will not be construed as assent to any of the terms proposed by Buyer and will not constitute a waiver by Milstar Gear of any of Milstar Gear’s terms.

This agreement constitutes the entire agreement of the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings relative to such. No provision or term herein may be modified, supplemented, waived, discharged, terminated, or otherwise altered except in writing and signed by the parties.

Any failure or delay by either Milstar Gear in exercising any right or remedy provided by or relating to this agreement does not constitute a waiver and shall not prohibit Milstar Gear from exercising such right or remedy later or from exercising any other right or remedy available.

The provisions of these terms are separate and independent covenants. Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.

Milstar Gear will not be liable for any loss arising out of any delay or failure in the performance of its obligations resulting from events beyond its reasonable control, including

(a) acts of God;
(b) acts or regulations of any governmental or national authority;
(c) war, terrorism, or other civil unrest;
(d) accident, fire, flood, pandemic, or other natural event;
(e) strikes, industrial disputes; or other labor matters; or
(f) shortages in labor or supplies.

Notices and other communications given under this agreement will be in writing and effective if delivered via

(a) hand-delivery;
(b) certified United States mail;
(c) overnight courier;
(d) electronically to Milstar Gear or;
(e) any other method in which proof of receipt can be independently verified.

“Milstar Gear” is a registered Doing Business As (DBA) name under “Milstar Books, LLC,” which is a legally recognized limited liability company based in the state of Texas, United States of America. All references to “Milstar Gear” within the website, its terms and conditions, or any related documents or communications are to be understood as references to Milstar Books, LLC, operating under the DBA of Milstar Gear.

By accessing, browsing, or using this website, you acknowledge that Milstar Gear is a part of Milstar Books, LLC, and agree to abide by all applicable laws and to the terms and conditions set forth by Milstar Books, LLC, as the governing entity. All legalities, transactions, and interactions facilitated through this website or under the name Milstar Gear are bound by and construed in accordance with the laws of the state of Texas and are subject to the jurisdiction of Texas state courts.