Site Terms and Conditions
WEBSITE USER AGREEMENT
THIS WEBSITE USER AGREEMENT FORMS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND MYRDAL ORTHOPEDIC TECHNOLOGIES INC. ("MOT INC."). IF YOU DO NOT AGREE TO THE TERMS OF THIS WEBSITE USER AGREEMENT, YOU MAY NOT USE OUR WEBSITE.
MOT Inc. is pleased to provide users with quality products and services, including custom fabrications, to meet specified prosthetic, orthotic and pedorthic fabrication requirements. MOT Inc. works with prosthetic, orthotic and pedorthic professionals and we sell and custom fabricate quality products to help you help your patients.
While MOT Inc. may sell any ready-to-purchase products to consumers who establish an account with us and process a payment, such purchases are made at the consumer's sole risk and discretion; custom fabrication is done only with the referring prosthetic, orthotic or pedorthic professional or facility as the MOT Inc. client. MOT Inc. does not take orders for custom fabrication for prosthetic, orthotic or pedorthic products from end user consumers, including with respect to prosthetic, orthotic or pedorthic device repairs.
ALL PROSTHETIC, ORTHOTIC AND PEDORTHIC PRODUCTS SHOULD BE USED UNDER THE DIRECTION OF A MEDICAL PROFESSIONAL. MOT INC. DOES NOT PROVIDE ANY MEDICAL OR PROFESSIONAL ADVICE IN THIS REGARD. MOT INC. DOES NOT, IN PARTICULAR, WARRANT THAT ANY READY-TO-PURCHASE PRODUCT IS FIT FOR ANY PARTICULAR PURCHASE. ALWAYS READ AND FOLLOW MANUFACTURER INSTRUCTIONS AND FAMILIARIZE YOURSELF WITH PRODUCT SAFETY DATA SHEETS.
BE SURE TO IMPLEMENT ALL NECESSARY SAFETY EQUIPMENT AND PROCEDURES RELEVANT TO PROSTHETIC, ORTHOTIC OR PEDORTHIC PRODUCTS – FAILURE TO DO SO MAY RESULT IN PREVENTABLE INJURIES.
1. USER ACCOUNT
In order to purchase any products on our website or to place any orders, a user must establish a user account. The user account is issued to the prosthetic, orthotic or pedorthic professional or facility that has established a Trade Account for billing purposes with MOT Inc. (the "MOT Approved User") For a Trade Account Application form CLICK HERE. [NOTE: Insert link].
It is your responsibility to provide accurate and complete information in connection with your Trade Account. A valid email address must be provided for the MOT Approved User to facilitate online purchasing.
Each Trade Account will be issued a unique username and password for the MOT Approved User. The MOT Approved User may allow his/her/its designated employees to use the MOT Approved User's Trade Account for the purposes of placing orders for the business purposes of that MOT Approved User only; any resale of MOT Inc. products is expressly prohibited except to end user consumers by the MOT Approved User in his/her/its capacity as a prosthetic, orthotic or pedorthic professional and/or facility. THE MOT APPROVED USER SHALL OTHERWISE KEEP HIS/HER/ITS USERNAME AND PASSWORD CONFIDENTIAL AND NOT PERMIT THIRD PARTY USE OF SAME. THE MOT APPROVED USER SHALL REQUIRE ALL USERS OF ITS MOT INC. TRADE ACCOUNT TO ABIDE BY THE TERMS AND CONDITIONS OF THIS WEBSITE USER AGREEMENT.
THE MOT APPROVED USER WILL BE SOLELY RESPONSIBLE FOR ALL USES OF HIS/HER/ITS MOT INC. TRADE ACCOUNT, INCLUDING WITHOUT LIMITATION BE SUBJECT TO PAY FOR ALL ORDERS PLACED USING HIS/HER/ITS MOT INC. TRADE ACCOUNT, WHETHER OR NOT PLACED DIRECTLY BY THE MOT APPROVED USER.
SHOULD THE MOT APPROVED USER DETERMINE THAT THERE HAS BEEN A BREACH OF THE CONFIDENTIALITY OF ITS USERNAME AND PASSWORD, OR FOR ANY OTHER REASON REQUIRE THAT ITS USERNAME AND PASSWORD BE RESET, IT SHALL IMMEDIATELY NOTIFY MOT INC. IN WRITING (INCLUDING VIA EMAIL AT [NOTE: INSERT GENERAL EMAIL ADDRESS] OF SAME AND MOT INC. SHALL ISSUE THE MOT APPROVED USER A NEW USERNAME AND PASSWORD WITHIN A REASONABLE TIME AFTER RECEIVING SUCH A NOTIFICATION.
2. PAYMENT ON PURCHASE AND CREDIT
All orders for MOT Inc. products or services require pre-payment in full at the time that the order is placed, unless a credit account has been established. Applications for credit may be made using this form [NOTE: Insert Link.] Credit searches will be completed in connection with a credit application. MOT Inc. also requires three trade references and the name and address of the MOT Approved User's financial institution.
Should credit be granted by MOT Inc., the full payment amount of any order is due and payable in full net thirty (30) days. Any credit granted represents a debt owed to MOT Inc. by the MOT Approved User holding that credit account and is payable in full on demand. MOT Inc. reserves the right to demand full payment of a credit account at any time after the initial thirty (30) day period following the issuance of an invoice. Overdue payments on credit accounts shall be subject to interest charged at the rate of 1.5% per month. No additional orders will be processed for any MOT Approved User while an overdue payment of more than sixty (60) days is outstanding on that MOT Approved User's credit account. MOT Inc. reserves the right to cancel credit for failure to pay amounts when due; in such a case, MOT Inc. also reserves the right to cancel your Trade Account in full on notice.
For all orders placed with MOT Inc. which are paid by credit card, whether paid at the time of purchase or in connection with credit issued by MOT Inc., MOT Inc., in its discretion, reserves the right to charge a handling charge of two (2%) percent at the time of order.
3. INTERNATIONAL ACCOUNTS
All amounts payable to MOT Inc. are set out in Canadian dollars.
All transactions placed with MOT Inc. are deemed to be made in Manitoba, Canada regardless of the location of the MOT Approved User. Any MOT Approved User whose address is outside of Canada shall be solely responsible and liable for ensuring compliance with local laws in regard to receiving any products from MOT Inc. and for payment of all importation and other like fees and charges.
Orders received from outside of Canada require a confirmed irrevocable letter of credit from a Canadian banking institution, or can be paid by way of wire transfer or other approved form of payment; the MOT Approved User is to pay all associated banking and wire transfer fees payable by either the user or by MOT Inc. in connection with receipt of payment from an international MOT Approved User.
All orders placed with MOT Inc. will ship to MOT Approved Users located outside of Canada only where the payment has been processed in full by MOT Inc.
4. ORDERS PLACED
MOT Inc. requires a purchase order or reference number for every order as it is a required field in our purchasing system. This purchase order or reference number will allow us to link all orders and invoices pertaining to your purchase. You should make note of any purchase order or reference number in order for you to check the status of your order with MOT Inc.
MOT Inc. reserves the right to set a minimum purchase amount in order to process any order. The minimum purchase amount shall be set out clearly in connection with your purchase, and is subject to change by MOT Inc. in its discretion from time to time without further notice.
5. METHODS OF ORDER
MOT Inc. accepts orders via telephone, facsimile, e-mail, and online.
When placing orders verbally: MOT Inc. will review your order with you to ensure accuracy and it will be considered correct. MOT Inc. will also indicate whether the products ordered are in stock, special order, or on backorder.
If an MOT Approved User receives an item shipped in error (ie: item differs from listing on the packing slip), it will be replaced by MOT Inc. with no additional shipping costs.
When placing orders by facsimile: MOT Inc. will send the MOT Approved User a confirmation in the same manner MOT Inc. received it. MOT Inc. will also indicate whether the products ordered are in stock, special order, or on backorder.
If there is no part number listed and only a description is provided, MOT Inc. will suggest a part number for use. This must be approved before your order will be processed.
When placing orders by email: MOT Inc. will send the MOT Approved User a confirmation in the same manner we received it. We will also indicate whether the products ordered are in stock, special order, or on backorder. If there is no part number listed and only a description is provided, we will suggest a part number for use. This must be approved before your order will be processed.
When placing orders online: your cart will reflect your purchases and the available status of any products. MOT Inc. uses a third party payment services provider to process your payment. In order to use online payment processing, you must provide necessary payment information which is handled by the third party in accordance with its terms. In these circumstances, MOT Inc. does not retain details concerning your method of payment in its records, which are administered by such third party.
A confirmatory email confirming your purchase will be sent to you at the email address associated with your Trade Account. MOT Inc. will send an order confirmation to the email listed on the order and indicate any price corrections, special order or backordered items.
6. CUT TO LENGTH AND SPECIAL ORDER ITEMS
Products that are sold on a per foot basis (or cut from a roll), and any other products that are cut to length (or size) are not returnable.
Special order items may be listed as a back order on MOT Inc. paperwork and in the MOT Inc. online system, but do not meet the criteria of our freight free back order shipping policy [NOTE: Insert link to section].
7. CUSTOM FABRICATIONS/REPAIRS
MOT Inc. does custom fabrications in two areas: (i) orthopedic devices fabricated completely by MOT Inc., and (ii) repairs of both MOT Inc. custom fabrications or of third party orthopedic devices.
Custom fabrications typically require the provision of necessary product requirements, specifications and may include the provision of prescriptions and x-rays or other medical scans that will assist MOT Inc. in completing the custom fabrication.
MOT Inc. requests that no personally identifiable information concerning any end user be transmitted to MOT Inc., including any end user's name, address, personal health information numbers or insurance information. MOT Inc. does not require any of this type of personal health information concerning the end user to complete custom fabrications. All orders are given a unique tracking number in the MOT Inc. system and it is that number that is used in connection with any order. To the extent that any personal information or personal health information of an end user is provided to MOT Inc. in connection with any order, MOT Inc. shall not use that information for any purpose and will handle and administer that information in accordance with the MOT Inc. Privacy Policy.
Custom fabrication times may vary and an anticipated delivery date will be communicated to the MOT Approved User in connection with the submission of any custom fabrication order.
Custom fabrication may also necessitate MOT Inc. requiring further information from the MOT Approved User and the MOT Approved User hereby consents to communications with MOT Inc. for this purpose, including through the use of the email account designated for use in connection with your MOT Inc. Trade Account.
To the extent that records are submitted in connection with a custom fabrication order, the MOT Approved User hereby confirms that he/she/it is authorized to provide those records to MOT Inc. for its purposes and that MOT Inc. shall thereafter retain those records on file as product records. MOT Inc. shall not return those records following the completion of subject orders as they form part of the product record; records shall be deleted or destroyed as the times set forth under the MOT Inc. Privacy Policy.
8. SERVICES TO END USERS BY MOT APPROVED USERS; LIMITATION OF LIABILITY
MOT Inc. is not responsible or liable for any services provided by any MOT Approved User to his/her/its end user customer.
MOT Inc.'s sole role and responsibility is to sell products to qualifying MOT Approved Users with a Trade Account, and to complete custom fabrications, whether full fabrications or repairs, that meet specifications set at the time of order.
MOT INC. SHALL NOT BE LIABLE TO ANY END USER FOR ANY SERVICES PERFORMED BY MOT APPROVED USERS WHETHER OR NOT SAME INVOLVE ANY MOT INC. READY-TO-PURCHASE OR CUSTOM FABRICATED OR REPAIRED PRODUCT. SUBJECT TO THE WARRANTY SET OUT IN THIS AGREEMENT, THE MAXIMUM SOLE AND EXCLUSIVE REMEDY YOU OR ANY END USER MAY HAVE AGAINST MOT INC. FOR ANY PROBLEM WITH A MOT INC. PRODUCT IS A RETURN OF THE MONIES PAID FOR THAT PRODUCT.
9. PRICES
All prices are set out in Canadian dollars and F.O.B. MOT Inc., unless otherwise specified. Taxes are not included in our pricing and will be in addition to the product purchase price and shall be added to your invoice at the time of purchase.
MOT Inc. reserves the right to vary its prices in its discretion from time to time and without notice. MOT Inc. may offer discounts from time to time, including discounts that vary by MOT Approved Users, in its discretion from time to time. All MOT Approved Users agree that they shall not disclose any pricing amounts payable by it to MOT Inc. without the prior written consent of MOT Inc.
Custom devices supplied by MOT Inc. are zero rated for tax purposes if being supplied from a physician’s prescription in Canada. Applicable taxes in region delivered and any other additional are duties and fees are the responsibility of the MOT Approved User.
10. SHIPPING
All orders are shipped by UPS or Day and Ross (4’ x 4’, skids etc.) where available in Canada, unless otherwise specified by the customer. There may be a delay in shipping when a different carrier is requested, and customer will not be credited for any freight free offers with this method.
Small pack orders of $400.00 or more will be shipped freight free via UPS standard ground service. Residential surcharges, over height (48" or above) or over weight (over 70lbs per pkg) or other assessorial fees are the responsibilty of the customer.
Larger item orders of $1500.00 or more will be shipped freight free via Day and Ross, Lift gate fees on delivery, residential surcharges or other assessorial charges are the responsibility of the customer. If a higher level service is requested, the cost difference will be charged. Orders between $600 - $1500 also qualify for some reduction in freight costs.
Some exceptions apply to free shipping. This includes but is not limited to: special order items, equipment purchases, BioFoam products and custom fabrication.
Due to the rising costs in fuel in 2022 and supply shortages we can no longer ship back ordered items freight free. We have tried to maintain this practice for over 20 years but it is no longer sustainable. Exceptions may be made for smaller items such as TRS products.
In order to provide greater visibility of your shipments via UPS and other carriers where available, our system will send email shipping notifications to the email address associated with your Trade Account. You will also be notified via email when the shipment has been picked up, any exceptions and upon delivery. You can also check on the status of your shipment by following the tracking number link provided by email.
11. DROP SHIPMENTS
Drop shipments do not occur often, but when they do, MOT Inc. reserves the right to charge a $40.00 RUSH drop shipment fee from some of our vendors. All drop shipments from the United States will be shipped via UPS Express Saver where available or by comparable carrier.
If an MOT Approved User has a brokerage account, MOT Inc. will require the full company name, address, point of contact, phone and fax as well as your brokerage account number. This information is required for international paperwork (if applicable).
12. BACK ORDER STATUS
MOT Approved Users will be notified by phone or email when MOT Inc. has more information regarding any back ordered items. Back ordered items count towards freight free shipping unless they are special order.
If a back ordered product is cancelled at a later date and the original order is reduced to less than $400.00 (freight free minimum), shipping charges at MOT Inc.'s standard rates will apply.
Freight charges will now apply when regular stock items are back ordered due to extended lead times from global manufacturers and distributors.
13. RETURNS
A return authorization number is required for every return of regular ready-to-purchase stock items that are eligible for return. Returns are subject to pre-approval by MOT Inc. A Return Authorization Form may be found here [NOTE: Insert link] and returns are subject to the terms set out therein. All return items must be in saleable condition. Freight expense will be the MOT Approved User’s responsibility unless MOT Inc. has made an error. Any shipping errors must be reported to MOT Inc. within two days of receipt of order.
Special order items are not returnable unless we have made an error in your specifications.
A copy of the invoice or packing slip and a Return Authorization Form must accompany all returns. This will assure both parties have accurate tracking and paperwork. Appropriate credit will be applied to your account.
A re-stocking charge of up to 25% shall be applied in the discretion of MOT Inc. on regular stock items.
At MOT Inc.'s discretion, MOT Inc. may authorize a return on a Special Order item(s) but will charge a 40% restock fee.
Customer fabrications and repairs are not returnable and are subject only to warranty as set out herein.
14. WARRANTY/REPAIRS
Custom fabrications fabricated completely (components included) by MOT Inc. are warranted for a period of three months from the delivery date.
Non-warranty repairs are covered for a period of two months from the repair date for MOT Inc. custom fabrication items.
MOT Inc. will deal with any manufacturer’s warranty on products sold by MOT Inc. Any unauthorized repairs, deviation from directions or modifications will void the manufacturer’s warranty. MOT Inc. requires all serial numbers, purchase date, and original invoice number when making a manufacturer's warranty claim and any failure to provide same will negate MOT Inc.'s obligation to make such claim. MOT Inc. cannot guarantee whether or how a third party manufacturer will warranty any product and provides no representations or warranties in respect of same.
15. CLAIMS FOR DAMAGES
Claims for damages are usually the responsibility of the delivering carrier. Make sure to notify the delivery driver when accepting a damaged package; MOT Inc. shall not be liable or responsible in connection with any such issue. We strongly suggest that in the event of damaged packages, that you save shipping cartons and packing materials for inspection. Please do not return merchandise but notify MOT Inc. (by no later than two days from receipt of order). MOT Inc. will provide you with all the necessary information to make a damage claim. MOT Inc. does not control the outcome of any such damage claim.
16. NO PROFESSIONAL ADVICE
MOT Inc. does not provide advice in connection with its services.
17. DISCLAIMER
IN USING THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT ADDITIONAL WARRANTIES OR REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
18. GENERAL
(a) All persons using the MOT Inc. website must be above the age of 18 years.
(b) In providing information to MOT Inc. in connection with this Agreement and in connection with any order, the MOT Approved User represents and warrants to MOT Inc. that all such information is true and correct. It is the obligation of the MOT Approved User to update any information provided to ensure that MOT Inc. is working with accurate and correct information.
(c) All non-product specific information featured on the MOT Inc. website is for information purposes only.
(d) The website is the property of MOT Inc. and may not be used or copied except as expressly contemplated under this Agreement.
(e) In using the website, you are prohibited from distributing any virus, time bomb, trap door or other harmful or disruptive computer code, mechanism or program.
(f) In purchasing any product from MOT Inc., you may not violate applicable law including without limitation any export or import laws.
(g) The failure of MOT Inc. to require or enforce strict performance of any obligation hereunder shall not constitute a continuing waiver. If any portion of this Agreement is ever found to not be enforceable, than that portion of the Agreement only shall be deemed severed and the balance of this Agreement shall continue, unaffected.
(h) MOT Inc. reserves the right assign its rights under this Agreement on notice.
BY CLICKING "I AGREE" BELOW, YOU ARE SIGNIFYING YOUR CONSENT TO THIS AGREEMENT WHICH IS LEGALLY BINDING BETWEEN YOU AND MOT INC.
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