Terms of service

These terms apply to every purchase from atwatermed.com, operated by Atwater Medical Exchange ("we," "us"), 2041 Foster Ave, Wheeling, IL 60090. By placing an order or requesting a quote, you agree to these terms, our Refund Policy, our Shipping Policy, and our Privacy Policy.

1. Who may buy

Our equipment is intended for healthcare professionals, medical facilities, laboratories, and other qualified buyers. Many medical devices are restricted by federal law to sale by or on the order of a licensed practitioner. By purchasing a prescription device, you confirm that you are a licensed practitioner, or are buying on behalf of one or of a facility authorized to purchase it. We may ask for proof and may cancel any order we believe does not meet this requirement.

2. Product descriptions

We describe each item as accurately as we can, including its condition, model, and included accessories. Photos may show a representative unit. Used equipment may show signs of wear. If an item does not match its description, see our Refund Policy.

3. Used equipment: as-is

USED EQUIPMENT IS SOLD "AS IS" AND "WITH ALL FAULTS." EXCEPT FOR THE RETURN RIGHTS IN OUR REFUND POLICY, WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Words such as "tested" in a listing describe the item's condition when listed and are not a warranty.

4. Refurbished equipment: quotes

Refurbished units are sold by written quote. Your quote sets the price, configuration, accessories, condition, warranty, shipping, lead time, and payment terms. If your quote conflicts with these terms, the quote controls. A quote is valid for 30 days unless it says otherwise. Prices shown on the website, if any, are not offers for refurbished units.

5. Prices, payment, and taxes

Prices are in US dollars. We may correct pricing errors and may cancel an order placed at an incorrect price, including any order for a quote-only item placed without an approved quote. Applicable sales tax is added at checkout or on your invoice unless you provide a valid exemption certificate.

6. Your responsibilities after delivery

You are responsible for:

Inspecting, installing, calibrating, and maintaining the equipment.
Having qualified personnel check that the equipment is safe and performs correctly before any clinical use.
Complying with all laws, regulations, licensing, and manufacturer requirements that apply to owning and using the equipment.
Obtaining any software licenses, service agreements, or manufacturer support the equipment needs. We do not transfer manufacturer warranties or software licenses unless stated in writing.

7. Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO A PURCHASE IS LIMITED TO THE AMOUNT YOU PAID FOR THE ITEM. WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR DOWNTIME.

8. Indemnity

You agree to indemnify and hold us harmless from claims arising from your installation, use, maintenance, or resale of equipment you buy from us, or from your breach of these terms.

9. Governing law

These terms are governed by the laws of the State of Illinois. Any dispute will be resolved in the state or federal courts located in Cook County, Illinois.