Terms of Use

All Customer purchases of any equipment or acceptance of any equipment from Melissa Moore, Inc. (“Melissa Moore” or “Soma”) are subject to the following Terms and Conditions (“Terms”). Any of the following constitute an offer to Melissa Moore, Inc. for equipment: (i) a Purchase Order (ii) any other form document issued to Melissa Moore for purposes of purchasing, ordering, or shipment of equipment (iii) any directions to ship equipment or transfer of money in response to a Quote or (iv) any other written or verbal communications that reasonably lead Melissa Moore to believe that an offer has been made for equipment (collectively “Offer”). Any Offer submitted by an individual or business entity is fully subject to these Terms. Melissa Moore Tech’s acceptance of any Offer is expressly limited to, and expressly made conditional on, Customer’s acceptance of these Terms.

1. Limited Warranty:

1.1. Melissa Moore offers a one year full limited warranty (unless otherwise noted) starting from date of shipment on all Demo equipment as stated herein and according to these Terms. Refurbished equipment has a ninety (90) day standard warranty unless otherwise noted on the Quote and sales order. Length of warranty varies from product to product, please refer to your sales Quote or ask your sales representative for specific warranty coverage.

1.2. Initial electrical safety, certified calibration check and inspection stickers are included with all equipment. Customer may request an Engineering Test Report.

1.3. A standard warranty of ninety (90) days is offered on accessories included with equipment; functional problems will also be covered under the standard warranty but are subject to an inspection for physical damage and damage caused by inappropriate handling, which may void such standard warranty as determined by Melissa Moore in its sole and absolute discretion.

1.4. All equipment sold outside of United States of America will have a standard warranty of ninety (90) days on the equipment, accessories and repairs to the same (excluding costs of labor). Parts required for such warranty repairs will be provided at no charge. Melissa Moore will be responsible for shipping replacement parts to Customer; however, Customer is responsible for all other charges.

1.5. All repairs to rental equipment are covered under whatever warranty is agreed upon in the rental agreement during the rental period. Physical damage to equipment and accessories, including loss of accessories, will be an additional charge to Customer.

1.6. All parts and accessories sold separately from any equipment have a thirty (30) day warranty starting on the date of shipment, except for disposables, consumables, glass parts, bulbs, batteries and circuit boards.

1.7. Non-warranty repairs performed by Melissa Moore are covered by a thirty (30) day warranty for the same problem and/or the parts replaced during the repair.

1.8. Melissa Moore must be notified of all damages caused by shipping within three (3) business days of Customer receiving the purchased equipment. A description of the damage must be documented on the bill of lading of the shipping company as proof thereof.

2. Conditions

2.1. Within the valid standard warranty period applied to the equipment, Customer may contact Melissa Moore for warranty service only when the equipment purchased becomes defective through its proper usage. Melissa Moore Tech’s business hours are Mon – Fri, 8:30am – 5:00pm, excluding holidays.

2.2. The standard warranty is not transferable.

2.3. Any change in the standard warranty offered, relates only to the equipment specified. All related accessories and/or other equipment will continue to be covered under the original standard warranty (unless specified otherwise).

2.4. Melissa Moore is not responsible for any repairs or services performed by any unauthorized third party or end user without Melissa Moore Tech’s prior written consent. Any repairs or services performed by any unauthorized third party may void the standard warranty on the equipment as determined by Melissa Moore in its sole and absolute discretion.

2.5. The standard warranty DOES NOT cover: (1) new equipment, where the warranty is provided by the manufacturer and the Customer is subject to the OEM terms and conditions; (2) any glass parts except in the case of C-Arm, X-Ray and Mammography equipment, where a pro-rated glassware coverage is provided; (3) accessories that are considered disposable or consumable, all other accessories including, but not limited to, batteries and ultrasound probes are covered by a ninety (90) day warranty; (4) accident, misuse, abuse, negligence, acts of God or modifications of the equipment; (5) improper operation or maintenance of the equipment; (6) connection of equipment to improper voltage supply; or (7) attempted repair by any party other than Melissa Moore or its Field Service Network.

2.6. The warranty DOES NOT apply when a malfunction results from the use of the equipment in conjunction with accessories, equipment or ancillary or peripheral equipment, or where it is determined by Melissa Moore (in its sole and absolute discretion) that there is no fault with the equipment sold by Melissa Moore, Inc. Melissa Moore is ONLY responsible for the equipment purchased.

2.7. All equipment other than Anesthesia, Autoclaves, Beds, Blanket Warmers, C-Arms, Heart-Lung, Incubator, Infant Warmers, Mammography, Pain Tables, Power Exam Tables/Chairs, Stretchers, Surgical Lights, Surgical Microscopes, Surgical Tables, Stress Test, large Ultrasounds and X-Rays are serviced at the depot. Parts, travel and labor are covered during the standard warranty period for equipment needing repair by our authorized Field Service Network.

2.8. Melissa Moore will use its best efforts to repair, or by any other means restore, the defective equipment to its original working condition.

2.9. Irrespective of the standard warranty period on the equipment stated in agreement, a standard ninety (90) day warranty is offered on accessories included with equipment. Functional problems with the equipment will be covered under the standard warranty, but are subject to an inspection for physical damage and tampering.

2.10. Any subsequent resale or moving of equipment to a new location, without prior written approval from Melissa Moore, automatically voids the standard warranty on such equipment.

2.11. Scheduled preventive maintenance recommended by the original manufacturer is not covered by the standard warranty; failure of equipment due to nonperformance of recommended preventive maintenance or improperly performed preventive maintenance will void the standard warranty. A preventive maintenance report issued by a certified Bio-med may be required to evidence compliance therewith.

3. Warranty Claim Policy:

3.1. Malfunctions detected during the standard warranty period must be reported immediately to Melissa Moore. Customer shall have the Purchase Order number and/or equipment model and serial number of the equipment on hand when calling; return authorizations cannot be processed without these details. If after all possible solutions have been exhausted and the problem persists, Melissa Moore will provide Customer with an RMA (Return Material Authorization) Form and Number.

3.2. When returning equipment, place the RMA Form provided by Melissa Moore inside the box and clearly write the RMA Number on the outside of the box and on the shipping documentation. Customer is responsible for packaging and shipping the defective equipment back to Melissa Moore. Any direct, indirect, incidental or consequential damages during shipping will be the responsibility of Customer.

3.3. Melissa Moore will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims.

4. Warranty Claim:

4.1. If the equipment does not work on receipt by Customer, Customer shall notify Melissa Moore within three (3) days of receipt of such equipment. If the foregoing notice requirements are satisfied, Melissa Moore will repair or replace the equipment at no cost to Customer and will pay applicable shipping charges.

4.2. Melissa Moore will fix equipment malfunctions occurring during the standard warranty period within a reasonable time. Customer will be responsible for all costs to ship the defective equipment to Melissa Moore. If Melissa Moore cannot repair the equipment, Melissa Moore will replace such equipment and ship it back to Customer at no cost.

4.3. When receiving equipment for warranty repair, Melissa Moore will conduct a series of inspections before any repair commences. These inspections include, but are not limited to, warranty validation, tampering, unregistered alterations, damages and unreported broken parts. If evidence of the foregoing is discovered, the standard warranty will be voided, any repairs on such equipment will be chargeable to the Customer, and Customer will incur a charge equal to one (1) hour of labor for the inspection. If Customer wishes to forgo repair and have the broken equipment returned, Customer will incur the cost of the return shipping.

4.4. Sending working equipment to Melissa Moore without any issues will cause Customer to incur a charge equal to one (1) hour of labor for an inspection and all shipping charges.

4.5. Loaner requested during warranty repair will be provided based on availability. Shipping for the loaner equipment to and from Melissa Moore will be at the Customer’s expense.

4.6. Customers located outside the United States of America are only eligible for parts on warranty repair. Customers can receive free labor on warranty repairs at Melissa Moore Tech’s Service Center, but are responsible for all shipping and handling charges to and from the Service Center.

4.7. If the standard warranty period expired, the Customer will incur the full cost of service for any repair and will also be required to pay for shipping defective equipment to and from Melissa Moore.

5. Return Policy:

5.1. Request to return equipment must be submitted by Customer to Melissa Moore within one (1) week of Customer’s receipt of such equipment. Returns are subject to formal approval. Only approved returns will be issued an RMA after a complete assessment of the request to return.

5.2. If an RMA is issued; this RMA Form must be placed inside the box and the RMA Number must be displayed on the outside of the box and in the shipping documentation. Melissa Moore will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims.

5.3. Approved RMA numbers are valid for ten (10) business days commencing on the date of issue.

5.4. Approved returns exceeding the one (1) week period (as described in Section 5.1) may be subject to a restocking fee greater than twenty-five percent (25%), plus any charges for shipping the equipment back to Melissa Moore.

5.5. All equipment orders are subject to a minimum restocking fee of twenty-five percent (25%) plus shipping charges.

5.6. Custom orders and prepaid orders are not refundable.

5.7. Proper packaging is required for all returned equipment. Melissa Moore will not be liable for any direct, indirect, incidental or consequential damages during shipping. Any shipping damages, missing equipment or missing accessories will be reported by Melissa Moore to Customer within forty-eight (48) hours of receiving the equipment at Melissa Moore. If Melissa Moore does not receive a response within a five (5) business days of notifying Customer, Customer will be liable for any charges relating to the return. Customer will receive an invoice to delineating any lost equipment or damage costs.

6. Rental Return Policy:

6.1. At the start of the rental period, Melissa Moore will provide Customer with an RMA Form and Number. To return any rental item, the RMA Form must be placed inside the box and the RMA Number must be displayed on the outside of the box and in the shipping documentation. Melissa Moore will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims.

6.2. Customer’s failure to comply with Section 6.1 causes Customer to remain responsible for its continued rental charges until compliance with Section 6.1 is achieved.

6.3. Customer is responsible for all costs of returning rental equipment to Melissa Moore, unless agreed otherwise by Melissa Moore.

6.4. Any shipping damages, missing equipment or missing accessories will be reported by Melissa Moore to Customer within forty-eight (48) hours of receiving the equipment at Melissa Moore. If Melissa Moore does not receive a response within a five (5) business days of notifying Customer, Customer will be liable for any charges relating to the return. Customer will receive an invoice to delineating any lost equipment or damage costs.

7. Disclaimer of Warranties: EXCEPT AS STATED IN THESE TERMS, ALL OTHER WARRANTIES ARE DISCLAIMED AND DO NOT APPLY, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability. IN NO EVENT WILL SOMA TECH AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, RESELLERS, SUCCESSORS OR ASSIGNEES BE LIABLE FOR THE FOLLOWING DAMAGES: LOST REVENUE, LOST PROFITS, BUSINESS OR DATA, THE COSTS OF COVER, INDIRECT DAMAGES, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES. THIS LIMITATION AND EXCLUSION APPLIES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE SALE OF ANY EQUIPMENT. IN ANY CASE, REGARDLESS OF THE THEORY OF LIABILITY ALLEGED OR THE ALLEGED DAMAGES, SOMA TECH AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, DISTRIBUTORS, RESELLERS, SUCCESSORS AND ASSIGNEES TOTAL AGGREGATE LIABILITY UNDER OR ARISING OUT OF ANY SALE OF EQUIPMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE EQUIPMENT MINUS THE FAIR MARKET RENTAL VALUE OF THE EQUIPMENT FOR THE PERIOD OF TIME THAT THE CUSTOMER USED THE EQUIPMENT.

9. Title to Equipment: Title to and right of possession of the equipment sold hereunder shall remain with Melissa Moore until all payments provided hereunder have been made in full and received by Melissa Moore. Customer agrees to do all acts necessary to perfect and maintain such right and title in Melissa Moore. Failure of Customer to pay the purchase price for any equipment shall give Some Technology the right, without liability, to repossess such equipment, with or without notice, and to avail itself of any remedy provided by law or equity.

10. Differing Terms. Melissa Moore expressly rejects any additional terms proposed to Melissa Moore that differ in any material respect to Melissa Moore Tech’s Quote. No Offer shall modify these Terms, nor shall any course of performance, continuing communications, course of dealing, or usage of trade operate as a modification or waiver of these Terms or as acceptance of any general terms and conditions by Customer.

11. Rights Reserved: Melissa Moore reserves the right to change these Terms and Conditions. Melissa Moore will use reasonably diligent efforts to continue its support of equipment after the original manufacturer end of life.

12. Governing Law: This contract shall be governed by the laws of the State of Connecticut. Any claim, dispute or controversy arising out of or in connection with or relating to these Terms or the sale of any equipment shall be submitted by the parties to final binding arbitration in Connecticut. The arbitration award shall be rendered in such form that judgment may be entered thereon in any court having jurisdiction thereof. The parties agree that jurisdiction exists in any state or federal court in the State of Connecticut. Melissa Moore and Customer hereby expressly waive all rights to a jury trial for any disputes arising out of these Terms.

13. Payment of Invoices. Interest, Attorney’s Fees and Costs: The Customer will pay each invoice as set forth by the terms of the invoice. Overdue amounts shall bear interest, at the rate equal to the lesser of 1.5% per month, or the highest rate allowed by law, calculated from the due date until the amounts are paid, together with all expenses incurred by Melissa Moore in collection, including reasonable attorneys’ fees and expenses.

14. Emergency Events. If there is an increase in the actual costs associated with Melissa Moore filling any Quote or PO during a widespread epidemic, pandemic, and/or public health emergency, and the increase is in excess of 5% subsequent to Melissa Moore issuing a Quote or accepting a PO, the price due by Customer shall be increased without the need for a written change order or amendment to the PO or Quote to reflect the price increase and additional costs. As an additional remedy, if the actual cost of any Quote or PO increases more than 10% subsequent to the issuance of a Quote or acceptance of a PO, Soma, at its sole discretion, may terminate the Quote or PO for convenience. As a further remedy, Customer waives any defense to non-payment or performance due to force majeure or any other similar event such as widespread epidemic, pandemic, and/or public health emergency.