The following terms and conditions apply to all sales unless there is a written contractual agreement stating otherwise.
All products ship US domestic ground service in the 48 contiguous states. (3-5-day delivery) billed at prevailing market rates.
Next Day delivery is available for most products billed at prevailing market rates.
Please note: Ground and Standard shipping are not available for Alaska, Hawaii and Puerto Rico.
WHEN WILL MY ORDER SHIP
Most orders are shipped within 24 hours after the order is placed if items are in stock and your credit card transaction is authorized. If your card does not authorize, your order will not proceed to the next step. If your ship-to address does not match your bill-to or is not on file with your credit card company, your order will not proceed to the next step. If your order does not proceed to the next step, we will notify you via your order status and by email with instructions on how to proceed. If no action is taken your order will be cancelled. Minimum time: 1-2 business days. We do not process your order on Saturday, Sunday, or holidays. Allow an additional 1 to 2 business days for weekend orders.
Urgent Delivery – NOTE: If you make a purchase and select next day delivery, your order might not arrive the next day. Processing time can take 1-2 business days and warehouse time can take 1-2 business days and after that next day delivery can take 1 day. If you make a purchase and select next day delivery, your order might not arrive for 3 business days. If you want to use next day or second day delivery, place your order before 3pm Eastern, Monday through Friday (holidays and weekends not included) and make sure your bill to and ship to addresses are on file with your credit card company. And then monitor your email and your order status closely in case we notify you of a problem processing your order. If you need additional support; please contact us.
The time it takes for the shipping company to drive or fly your product to you. Since our standard shipping method is domestic ground standard services; you can estimate 3 to 5-day delivery.
RETURN PRIVILEGES FOR NON-DEFECTIVE ITEMS
All non-defective returns authorized by Endeavor Services Group, whether opened or unopened, will be assessed a minimum 15% restocking fee, and must be authorized for return within 30 days from date of receipt. No refunds will be issued after such 30-day period. Authorization may be obtained by calling Customer Care at 1-866-376-9900 ext. 1(or by e-mail at [email protected]ice.com. Customer will be issued a Return Merchandise Authorization (RMA) which is valid for 10 days. Failure to return a product within such 10-day authorization period will be deemed to be an acceptance of the product.
If you receive the wrong product, please call Customer Care at 1-866-376-9900 ext. 1 or [email protected] within (5) day of receiving the product. Customer will be issued a Return Merchandise Authorization (RMA) which is valid for (10) days.
All packages shipped from Endeavor Services Group are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to Customer Care at 1-866-376-9900 ext. 1 or [email protected] within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton, and packaging. Timely receipt of this information is necessary for Endeavor Services Group to file a damage claim. Failure to notify Endeavor Services Group of damage within this period will be deemed an acceptance of the product, and standard return policies will apply.
All refused orders (for reasons other than shipping damage) will be subject to a minimum 15% restocking fee. Shipping charges are non-refundable if shipment is refused at the time of delivery. In addition, refused orders will be subject to additional shipping charges to cover the cost of returning the products to Endeavor Services Group.
Endeavor makes every attempt to be as accurate as possible with product descriptions for mask products. Endeavor has made no representations or warranties as to the effectiveness of any mask products or their suitability for use.
Mask Products that are not specified as NIOSH masks are intended for use on a voluntary basis and only as an alternative to NIOSH certified personal protective equipment (PPE) as described in the Center for Disease Control Crisis Capacity Strategy, specifically its Strategies for Optimizing the Supply of Facemasks, when NIOSH certified PPE is not available.
MASK PRODUCTS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND ARE SUBJECT TO THE REUTRN POLICY. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTY OF MERCHANTABILITY OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, HAS BEEN MADE BY CK CONCERNING ANY MASK PRODUCTS. YOU EXPRESSLY AGREE THAT YOUR USE OF MASK PRODUCTS IS AT YOUR SOLE RISK.
ENDEAVOR DOES NOT ACCEPT, AND DISCLAIMS AND EXCLUDES, ANY LIABILITY FOR DIRECT DAMAGES, INCLUDING LOST PROFITS, OR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES. ENDEAVOR’S LIABILITY WILL BE NO MORE THAN THE AMOUNT YOU PAID FOR THE MASK PRODUCT THAT IS THE SUBJECT OF A CLAIM. THIS IS THE MAXIMUM AMOUNT FOR WHICH ENDEAVOR IS RESPONSIBLE.
Terms and Conditions – Medical Supplies
- Payment for the Products. Seller’s terms of payment are defined within the Quote. Any invoiced amount remaining unpaid after thirty (30) days, unless disputed in good faith, shall be deemed “past due.” Past due balances are subject to a service charge of one and one-half percent (1.5%) per month. Any interest charged and collected more than applicable state law shall, upon presentation of appropriate documentation, be returned. If Buyer fails to pay any or all of the invoiced amount when due or if Buyer’s credit or financial status erodes or otherwise renders Seller insecure, Seller may, without further notice immediately: (i) suspend Seller’s performance hereunder, (ii) declare due and payable all other amounts invoiced by Seller to Buyer regardless of when such payments would otherwise be due from Buyer, and/or (iii) increase the prices for Products by one and one-half of one percent (1.5%). If Buyer’s days sales outstanding balance with Seller as determined by Seller exceeds ninety (90) days, Buyer’s prices for Products shall be determined by Seller and Customer.
Any discrepancy between any order placed under this Agreement and Seller’s corresponding shipment or shipments, including damages, must be reported to Seller for resolution within ten (10) days of Seller’s invoice date. The only exception being for price discrepancies that must be reported to Seller for resolution within thirty (30) days of Seller’s invoice date. Seller shall have no obligation to resolve, and Buyer holds Seller harmless and waives any rights to any discrepancy or to issue any credit or refund, or to replace any goods, if claim therefore is not made within said applicable ten (10) or thirty (30) day period.
- Shipment, Risk of Loss, and Title.Shipment of Products per routine order to Buyer and subsequent back orders related to the original shipment shall be shipped FOB Destination. The cost of shipment, if any, has been paid by Seller and added to the corresponding invoice. Emergency, rush orders, and orders not regularly scheduled are subject to an added shipping charge determined by Seller. All orders are subject to a handling charge and will be added to the corresponding invoice. Seller shall always have the right to ship the Products via its own vehicle or a carrier selected by Seller. Seller is not responsible for any duty or customs fees and buyer may be invoiced separately for these charges. Upon signature of receipt, damage to goods becomes the responsibility of the Buyer. As noted on the Seller’s packaging, all goods must be inspected prior to disposing of packaging materials. Damaged goods must be reported to Seller immediately upon receipt with ALL packing materials still in Buyer’s possession. Ten (10) days after Seller’s invoice date, damaged goods become solely Buyer’s responsibility.
- 3. ReturnALL REQUESTS FOR RETURN OF PRODUCTS MUST BE AUTHORIZED BY SELLER’S CUSTOMER CARE DEPARTMENT PRIOR TO RETURNING GOODS. please call Customer Care at 1-866-376-9900 ext. 1 or [email protected]ervice.com. All returned Products must be in original packaging and in resalable condition unless such Products are not in original packaging or resalable condition due to the fault of the Seller. The amount of credit on any given return is based upon the following:
- incurred in returning the Products to the vendor if notified within thirty (30) days and returned in resalable condition.
- Products that are NOT returnable to vendor – NO CREDIT.
- Products that are returned no longer in resalable condition either due to use of product or improper packaging for safe return shipment – NO CREDIT.
- Special order Products, custom Products, or Products not available for general or unrestricted distribution to include chairs & cabinets – NOT RETURNABLE.
- Products that have me body fluids are NOT RETURNABLE due to the hazard incurred in the returns process.
- Masks, hand sanitizer, disinfectants, and PPE are NONCANCELLABLE and NOT RETURNABLE.
- Excusable Delays.If any party is unable, wholly or in part, by reason of an act of God or any other reason beyond the reasonable control of the party, including unavailability of Products, to carry out its obligations hereunder (other than the obligation to make money payments), that party shall give the other party written notice thereof with reasonable particulars concerning it. During the period of delay, the obligations of all parties hereunder (other than the obligation to make money payments), shall be suspended. The affected party shall use reasonable due diligence to continue performance as quickly as possible.
- Taxes.When applicable, sales tax shall be included in the Price of Products and invoiced to Buyer. Depending upon the purchase location or the shipping location, Seller may be obligated to collect taxes on both the Price of Product and shipping and handling charges. All other taxes (other than income or excess profit taxes) which may be imposed by any taxing authority on the sale, delivery or use of Products and for which Seller may be held responsible for collection or payment, shall be paid to Seller upon demand, unless Buyer has furnished to Seller an appropriate valid certificate of exemption issued by or acceptable to the tax authority in question. Seller currently collects sales tax in the following states:MA, ME, NY, OH, PA and WA (list subject to change). If Seller does not collect tax in the Buyer’s state, the Buyer may be responsible to pay such tax in its own state, county, or municipality.
- Disclaimer.Seller makes no representation or warranty of any kind, express or implied, as to the merchantability of any products or their fitness for any particular use or purpose. Buyer shall look to the manufacturer of products for any warranty thereon. No agent, employee, or representative of Seller has any authority to make an affirmation, representation, or warranty concerning products not set forth in this agreement.
Buyer shall not hold Seller liable for any defect in products, regardless of kind, unless such defect results from the willful default or gross negligence of Seller. Buyer agrees to file solely with the manufacturer of the products any claim or lawsuit alleging loss, injury, damage, or death arising out of or caused by the use, sale, distribution, or possession of products. In no event shall Seller be liable to Buyer for incidental or consequential damages (including lost profits) from any cause, including, without limitation, damages resulting from any unavailability of, defect in, or mis shipment of products.
- Pricing of Products.Seller’s product pricing is subject to change at any time and for any reason without notice to Buyer. Pricing will be quoted and confirmed via Seller’sClient Service Team.
- Shipping. Shipping is not included in the pricing of products. A shipping estimate can be provided at time of quote. Actual shipping charge and fees will be billed.
- DiscountsIt is the intent of the parties to comply with the Federal anti-kickback statute’s safe harbor regulation regarding discounts or other reductions in price set forth at 42 C.F.R. § 1001.952(h). Seller will fully and accurately report such discounts or other reductions in price on an invoice or statement submitted to the Buyer. Seller will also inform the Buyer in a manner that is reasonably calculated to give notice to the Buyer of Buyer’s obligations to report such discounts or other reductions in price and to provide information upon request by the Federal or State agencies. Buyer may have an obligation to report the discounts or other reductions in price and must provide information upon request by the Federal or State agencies.
- Dispute Jurisdiction.This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. The parties hereto hereby irrevocably consent to the exclusive jurisdiction of the State and Federal Courts of the Commonwealth of Massachusetts for resolution of any dispute related to or arising out of this Agreement. Acceptance by Customer of the Products shall constitute acceptance of all the Terms and Conditions contained herein.
- Government Contracts.If the products or services covered by this order are to be used by Buyer in connection with any contract with the United States or other government, then all terms and conditions required by the government contract or by applicable law or regulation with respect to this order (“Government Terms”) are incorporated herein by reference. In particular, the Walsh-Healey Act (41 U.S.C. §§ 34-35); the equal employment opportunity and affirmative action clause set forth in Section 202 of Executive Order No. 11248; Section 503 of the Rehabilitation Act of 1973 (38 U.S.C. § 2012), all as amended; the Federal Contractor Certification as to Forced or Indentured Child Labor under Executive Order No. 13126 and Federal Acquisition Regulation (FAR) 52.222-18, and similar anti-forced and child labor rules of other countries and international bodies (“International” laws); and all regulations issued pursuant to such acts, are incorporated by reference, and Sellers shall include this incorporation in any subcontracts. If any provision of this order is inconsistent with any Government Term, the Government Term will control. In addition to Warranties provided in paragraph 7, Seller warrants that it is taking good faith measures to ensure compliance with all applicable United States or International laws, executive orders and regulations referenced herein, including good faith measures to ensure compliance by its subcontractors. Upon request by Buyer at any time, Seller agrees to furnish certificates of compliance with specified United States or International laws, executive orders and/or regulations referenced herein, and obtain such certificates from applicable subcontractors if required by Buyer. Non-compliance with any United States or International law, executive order, or regulation referenced herein constitutes both a breach of this agreement and delivery of non-conforming goods and/or services by Seller and entitles Buyer to all remedies available as described in these Terms and Conditions.