EZMedShop Terms and Conditions of Purchase

1. Acceptance of Terms and Conditions of Purchase
The terms and conditions set out below, together with the general Terms and Conditions of Use for this web site (the “Site”), are the terms of purchase that apply to your online purchases of Healthcare products (the “Products”) from EZMedShop LLC (“EZM”) through this Site (the “Terms of Purchase”). Please read the Terms of Purchase carefully before purchasing any products from EZMedShop through this Site. By making a purchase, you are confirming that you have read the Terms of Purchase and that you agree to be bound by the Terms of Purchase. The Terms of Purchase are subject to change without notice; therefore you should always read the Terms of Purchase before making a purchase. In the event of any conflict or inconsistency between the Terms of Purchase and any terms, rules, policies or guidelines posted elsewhere (and, to the extent applicable, all other terms and conditions made available to you (in any manner or form) in connection with any products or services purchased online on this Site), the Terms of Purchase shall be the governing terms.

2. Goods
The Seller (“EZM”) agrees to provide the “Product(s)” to the purchaser (“Customer”) in accordance with the applicable Terms and Conditions of this Agreement ("Agreement"). Upon your acceptance of these Terms and Conditions relating to your order for the Product(s), EZMedShop LLC shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable credit card transaction or purchase order, whether EZM acknowledges or otherwise signs this Agreement, purchase order or credit card transaction, unless EZM objects to such terms by notification to Customer via U.S. Mail or electronic means prior to the delivery of any Product(s) on the EZ Medshop.com site.

EZM hereby reserves the right to cancel any order issued by the Customer at any time prior to delivery, if in EZM’s sole discretion such Product(s) a deemed to be unfit for shipment. In the event that EZM deems such product(s) can not be shipped to the Customer, in EZM sole discretion, EZM will notify the Customer that such Products(s) will not be shipped to the Customer via electronic, written or other means deemed appropriate in EZM sole discretion.

3. Acceptance of Order by EZMedShop
Any of the following acts by EZM shall constitute acceptance of the order: signing and returning a copy of a Purchase Order for the Product(s) to the issuing party; shipment of the designated Product(s) ordered by the Customer; or returning EZM’s own form of acknowledgment by either U.S. Mail or electronic means to the Customer indicating acceptance of the order.

To the extent that this Agreement might be treated as an acceptance of EZM’s prior offer(s), such acceptance is expressly made on condition of assent by EZM to the terms hereof. Shipment of Customer’s ordered Product(s) shall constitute such assent.

4. Delivery
The Product(s) will be delivered to the Customer within ten (10) business days after receiving all appropriate information from the Customer, subject, of course, to EZM’s determination of the completeness, adequacy and compliance of such information with the EZM standards. In the event that EZM deems that submitted information is not complete, EZM will immediately notify the Customer of the requirement to submit additional information or provide clarification so that EZM can properly ship such order in a timely manner. EZM will make their best effort to provide additional information in the most efficient time period possible to the Customer, however this time period will be governed by EZM in their sole discretion.

5. Payment
EZM has contracted with several secure internet transaction Companies, or some other third party transaction company and Customer shall pay EZM for the Product(s) via these means or through payment of an invoice submitted by “EZM” to the Customer for the Product(s). Issuance of a purchase order for the Product(s) by the Customer must first be accepted by EZM. If accepted by EZM, terms of payment for the issued invoice will be payable upon receipt of invoice by the Customer and all invoices will state this payment term. In no event will the Product9s) be sold to the Customer until all payments have been received by EZM in full.

6. Indemnification
Customer shall defend, indemnify and hold harmless each of EZM’s, its affiliates, and each of their officers, directors, employees and agents from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleged to have resulted, or resulting from Customers purchase of the Product(s) from EZM, or for any breach of these Terms of Purchase. And at EZM’s request, defend EZM, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Product(s) provided under this Agreement, including, without limitation, any claim by a third party against EZM alleging that the Product(s), or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes.

7. Force Majeure
EZM shall not be liable for any failure to perform including failure of delivery of the Product(s) as provided which is caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action and accident. In the event EZM is so excused, either party may terminate the Agreement with seven (7) days written notice to the other.

8. Severability
If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

9. Assignment; Waiver
EZM may assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of Customer. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of EZM without restriction. A waiver of any default hereunder or of any term or condition of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.

10. Governing Law
This Agreement shall be construed in accordance with, and disputes shall be governed by, the laws of the State of Massachusetts, excluding its conflict of law rules. The state and federal courts in Massachusetts shall have jurisdiction and venue over all controversies arising out of, or relating to, this “Agreement”.

11. Entire Agreement
This Agreement is the complete, final and exclusive statement of the terms of the agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by “EZM”.