Terms of service
Terms and Conditions
The ensuing terms and conditions will define the relationship between Big Ben Medical Supplies and the Customer, unless a conflicting written agreement is in place. By placing an order with Big Ben Medical Supplies and accepting delivery, the customer acknowledges and accepts these terms and conditions.
Big Ben Medical Supplies’ Pricing Guidelines
We aim to keep product prices stable throughout the life cycle of a catalog. However, we reserve the right to modify prices in response to manufacturers' price alterations or in extraordinary situations. Prices may change without advance notice.
CLIA License Responsibility Notice
Customers who provide a CLIA license are solely responsible for ensuring that their license remains valid and in good standing. In the event of suspension, expiration, or any regulatory hold placed on the license, the customer must notify us immediately. Failure to do so may result in the cancellation of orders, delay in shipment, or other regulatory actions. The customer bears full legal and operational responsibility for the use of an invalid or inactive CLIA license.
Payment Methods
Unless otherwise agreed by the parties in writing, the payment of fees by Customer shall be made one hundred percent (100%) of the total purchase price and any remaining amounts (e.g., taxes, shipping charges, etc.) will be due upon invoice receipt. Customer understands and agrees that products will not be shipped to Customer until full payment is received.
To simplify the payment process, customers can opt to pay electronically or set up AutoPay. For more information, please contact our Customer Service.
We provide several payment options. Customers may choose ACH payment, Zelle, or use their Credit Card, American Express, Visa, MasterCard, or Discover Card when placing an order. Payments via check must be approved prior to order shipment. Our standard terms and conditions apply to all transactions online and offline.
Please send check payments to:
Big Ben Medical Supplies
3250 Old Farm Lane (Suite 5), Commerce Twp, MI 48390
Payment for invoices must be made within the agreed terms of sale. Big Ben Medical Supplies reserves the right to introduce a different pricing system for payments made by check, ACH, and/or EFT versus other payment methods. Additionally, a convenience fee may be applied for payments made by credit card or other methods that incur a fee to Big Ben Medical Supplies, in accordance with the law.
Accounts Receivable
Overdue accounts receivable will incur a 1.5% finance charge.
Delivery Conditions
Delivery dates are estimates and not guaranteed. Purchase orders depend on product availability.
The only remedy for non-delivery will be a refund of the payment made for the unavailable products. Unless agreed otherwise, freight terms are FOB from Big Ben Medical Supplies' Dock ("Ex Works" for international orders). Ownership transfers at the moment the shipment leaves our facility. Customer may only request delivery of products to destinations that Customer has authority to so deliver in accordance with applicable laws. We may make partial shipments and Customer may not reject partial shipments. Any delay in delivery of any installment will not relieve the Customer of its obligation to accept the remaining deliveries. No liability for any failure to ship complete orders or for any shipment delay.
Regulatory Adherence
Big Ben Medical Supplies is a B2B company. We sell to licensed health care providers and business entities, and clients must comply with any local or federal regulatory requirements that may apply to the use, handling, and/or installation of products. Ensure you understand and abide by these requirements prior to purchasing, using, or installing the products.
Restrictions
Customer shall not: (a) modify any element of the products; (B) perform any independent marketing for or private labeling of the products; (c) disrupt the integrity of the products; (e) remove, circumvent, disable, damage, or otherwise interfere with safety-related features of the products, or features that enforce limitations on use of the products; or (f) remove or delete any proprietary or safety notices in or on any products. Customer shall ensure and cause its employees and affiliates to comply with any applicable law in connection with any product purchases, including with respect to requirements applicable to authorized laboratories.
Institutional and Corporate Accounts
The same terms and conditions apply for all customers of Big Ben Medical Supplies unless denoted differently in a contract. Some offers and promotions outlined in the catalog may not apply. Requests for bids and proposals may be sent via email to:
sales@bigbenmedical.com
Or by mail to:
Big Ben Medical Supplies,
3250 Old Farm Lane (Suite 5), Commerce Twp, MI 48390
Arbitration
All disputes that arise from, or are related to, these Terms and Conditions (excluding disputes for non-payment of amounts due to Big Ben Medical Supplies for the sale of products) shall be conclusively and exclusively resolved by good faith negotiation, and if not resolved, then shall be resolved through binding arbitration in the state of Michigan. All disputes must be arbitrated on an individual basis, and there is no provision or authority for disputes to be arbitrated on a class action or collective basis. To remove any doubt, each party irrevocably forgoes any right to: (i) have any dispute resolved in a class action or collective action context, or (ii) obtain any damages or relief as a part of a class action or collective action. The arbitration will be conducted confidentially, in line with the Commercial Arbitration Rules of the American Arbitration Association or, if relevant, under its Procedures for Large, Complex Commercial Disputes.
Any decision or award resulting from such an arbitration proceeding shall be written and provide an explanation for all legal and factual conclusions, including the appraisal of costs, expenses, and reasonable attorney fees. The arbitration shall be conducted by an arbitrator with experience in the disputed matter and will include a written record of the arbitration hearing. The parties retain the right to object to anyone who has been or currently is employed by or associated with a competing entity. An arbitration award may be validated in a court of competent jurisdiction.
Should any dispute or claim be deemed not subject to arbitration, all other disputes or claims that would have been subject to arbitration must still be arbitrated. In these Terms and Conditions, "Claims" refers to all liabilities, disputes, and expenses, including, but not limited to, claims, adversary proceedings (whether before a court, administrative agency, or any other tribunal), damages (whether compensatory, multiple, exemplary or punitive), judgments, awards, penalties, settlements, investigations, costs, responses to subpoenas or other governmental directives, and reasonable attorneys' fees and disbursements associated with any claims that a Party hereto may sustain, suffer, or incur.
Governing Law, Dispute Resolution. These Terms and Conditions will be construed and the respective rights and obligations of the parties will be determined in accordance with the laws of State of Michigan, without giving effect to conflicts of laws rules or principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions.
Publicity. Big Ben Medical Supplies will have the right to reference and use Customer’s name and trademarks, in Big Ben Medical Supplies business development and marketing efforts, including, without limitation, on Big Ben Medical Supplies website.
Waiver. No term or provision of these Terms and Conditions shall be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, shall constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party.
Severability. If any provision of these Terms and Conditions is held invalid or unenforceable for any reason, the remainder of the provision shall be amended to achieve as closely as possible the economic effect of the original term and all other provisions shall continue in full force and effect. Assignment. Customer may not assign its rights or delegate its obligations under these Terms and Conditions to any third party, whether voluntarily or by operation of law or otherwise (including in connection with any merger or acquisition involving Customer), without the prior written consent of Big Ben Medical Supplies, such consent not to be unreasonably withheld. Any purported assignment or transfer in violation of this section shall be void. Subject to the foregoing restrictions, these Terms and Conditions will bind and benefit the parties and their successors and permitted assigns. There are no third-party beneficiaries to these Terms and Conditions.
Disclaimer of Warranties
Big Ben Medical Supplies provides products to clients on an "AS IS" and "WHERE IS" basis. Neither Big Ben Medical Supplies, its licensors, nor its suppliers make additional warranties, express, implied, or statutory, beyond those that are transferable from the manufacturer at the time of sale. To the extent permitted by law, all warranties, including, but not limited to, warranties of non-infringement of third-party rights, merchantability, and fitness for a particular purpose, are specifically disclaimed by Big Ben Medical Supplies and its affiliates. Clients should consult the manufacturer of the product for any warranty thereof.
Big Ben Medical Supplies does not guarantee that the use of the products will be completely safe, error-free, or that any errors will be corrected. Clients accept full responsibility for any decisions related to the use of the products and acknowledge that the use of the products is at their sole risk.
For the avoidance of doubt, both parties agree and acknowledge that the products are intended to be "COVERED COUNTERMEASURES" and Big Ben Medical Supplies a "COVERED PERSON," as defined within the Public Readiness and Emergency Preparedness (PREP) Act. Big Ben Medical Supplies’ fulfillment of its obligations under these Terms and Conditions is considered an activity authorized in accordance with the public health and medical response of the authority having jurisdiction.
Indemnification
Clients shall defend Big Ben Medical Supplies, its affiliates, licensors, suppliers, and their respective officers, directors, and employees from any liabilities, damages, costs, fees, and expenses incurred in connection with any claim or suit brought by a third party, including by a governmental authority, resulting directly or indirectly from the client's use or alleged use of the products.
Limitation of Liability
NEITHER BIG BEN MEDICAL SUPPLIES, ITS LICENSORS, NOR SUPPLIERS SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, LOST PROFITS, LOST BUSINESS, LOST OR CORRUPTED DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, TECHNOLOGY, GOODS, OR SERVICES. IN NO EVENT SHALL BIG BEN MEDICAL SUPPLIES', ITS SUPPLIERS', OR ITS LICENSORS' LIABILITY EXCEED THE AGGREGATE AMOUNTS PAID BY THE CLIENT FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE SALE.
Discounts, Rebates, and Disclosures
The prices on invoices or statements may reflect a bundled discount or rebate pursuant to a purchase offer, promotion, or discount program. Clients are responsible for fully and accurately reporting the discounted or net prices for each invoiced item to Medicare, Medicaid, Tricare, and/or any other federal or State program. Clients are expected to retain all relevant invoices and documentation.
Section 2: WEBSITE TERMS OF USE
These website terms of use shall apply to the entire Big Ben Medical Supplies website and all sections contained therein (excluding links to other websites as provided below). “User” or “users” refers to any person or persons who access the website.
USE OF THIS WEBSITE
Access to and use of this website, including its content, is subject to the following website terms of use and applicable laws. By accessing and browsing this website, users fully accept these website terms of use. We reserve the right, at our sole discretion, to update or revise these website terms of use. Please periodically check the website terms of use for any changes. Continued use of this site following the posting of any changes constitutes acceptance of those changes. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT USE THE WEBSITE.
UNLAWFUL CONDUCT
By using this website, users agree not to use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Users may not engage in any activity that could damage, disable, overburden, or impair any Big Ben Medical Supplies server or the connected network(s), or interfere with the use and enjoyment of the website by any other party. Unauthorized access to computer systems or networks connected to Big Ben Medical Supplies, whether through hacking, password mining, or any other means, is strictly prohibited. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
By using this website, users agree to comply with the specified restrictions on accessing and using the website and its information. Sharing pricing, access credentials, or other any other proprietary information directly or indirectly with third parties, such as competitors of Big Ben Medical Supplies or other parties, for any purpose is strictly prohibited. The website information is for internal use by the business account holder and their employees and must not be shared with third parties under any circumstances, including analytical purposes. Unauthorized activities such as transferring, redistributing, modifying, or creating derivative works of the website information are strictly prohibited. Users may not download, store, sell, copy, transmit, or distribute any part of the website information without express authorization. Big Ben Medical Supplies reserves the right to revoke access for violations of these terms. Accessing the website from territories where it is illegal is prohibited.
Users are responsible for maintaining the confidentiality of their login information and are responsible for all activities that occur under their account on this website. Users agree to immediately notify Big Ben Medical Supplies of any unauthorized use of their password or username, or any other security breach. It is the user’s responsibility to ensure that they log out of their account at the end of each session.
LINKS TO OTHER WEBSITES
This website may contain links to external websites. These links are provided for convenience purposes. Big Ben Medical Supplies is not responsible for the accuracy, legality, decency, or any other aspect of the content on these external sites. The inclusion of these links does not imply endorsement by Big Ben Medical Supplies. We recommend reviewing the terms of use policies on linked websites before using their products or services, as Big Ben Medical Supplies is not responsible for external websites.
CONTENT ERRORS
Big Ben Medical Supplies aims for accuracy on this website, but errors may occur. Big Ben Medical Supplies does not guarantee absolute accuracy and may alter website content at any time without notice. Despite efforts to prevent unauthorized tampering, we cannot assure that content on this website will be error-free, and therefore disclaim any liability for errors.
PROPRIETARY RIGHTS
Big Ben Medical Supplies is authorized to use, owns, or holds the copyrights to all content on this website, including materials, text, graphics, images, videos, music, and interfaces, as well as the design and arrangement of the website. All rights reserved.
Customers are granted a limited, personal, non-exclusive, non-transferable right to access, use, and display the website and its materials for eCommerce purposes. Customers do not acquire ownership or rights beyond what is expressly permitted here. The content remains the property of Big Ben Medical Supplies or its licensors. Unauthorized use of the copyrighted material on this website without prior written permission from Big Ben Medical Supplies or its licensors is prohibited.
All trademarks, service marks, trade names, logos, and other designations (referred to as "Marks") displayed on the website are the exclusive property of Big Ben Medical Supplies, its affiliates, or third parties who have granted Big Ben Medical Supplies the right and license to use such Marks. The display of these Marks on the website does not grant users any license or right to use them without the written permission of Big Ben Medical Supplies or the respective third-party owners.
By using this Website, users grant Big Ben Medical Supplies the authorization to use and assign all information related to their use of the website and any information they provide, in accordance with our Privacy Statement. To understand how we handle this information, please read our Privacy Statement.
DISCLAIMER OF WARRANTIES
All content, including materials, information, software, products, and services available on or through our website, is provided "as is" and "as available," without warranties of any kind, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
Big Ben Medical Supplies does not claim that the website or its content is suitable for use globally. Use of this website is at one’s own risk, and users must comply with local laws. Note that website access may not be legal for certain individuals or in certain jurisdictions.
The limitations and disclaimers above may not apply if a user’s state or nation does not allow the disclaimer of certain warranties.
LIMITATION OF LIABILITY
The use of Big Ben Medical Supplies' website is entirely at the user’s discretion. Although we make reasonable efforts to ensure website safety and functionality, we cannot guarantee this, and errors may happen. Big Ben Medical Supplies, or any party involved in the development, production, or delivery of the site's content or related software, will not be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any damages whatsoever resulting from loss of use, computer virus or system failure, data or profit loss, related to the user’s use of this website, even if we have been advised of potential damages. If the user purchased products or services from us, our maximum liability is the purchase price paid for those products or services. The above limitations apply even if the remedy fails its essential purpose. These limitations may not apply if your state prohibits the exclusion of liability for consequential damages.
FORWARD-LOOKING STATEMENTS
Content on this website, along with any documents issued by Big Ben Medical Supplies, their affiliates, service providers, or business partners may contain forward-looking statements. Such statements are based on current management expectations, and are subject to risks, uncertainties, and known and unknown factors that may cause actual results, performance, and achievements to differ significantly from any future results, performance or achievements expressed or implied by such forward-looking statements. The company provides cautionary remarks regarding factors that could cause actual results to differ materially from those projected. Big Ben Medical Supplies shall undertake no duty to update these forward-looking statements.
INDEMNIFICATION AGREEMENT
Users of this website shall defend, indemnify, and hold Big Ben Medical Supplies, its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns harmless from all liabilities, claims, damages, and expenses, including attorneys' fees and costs, that arise from the user’s misuse of this site.
AGREEMENT TERMINATION
Big Ben Medical Supplies reserves the right to terminate the the user’s access credentials for the website if we determine, at our sole discretion, that the user has violated any of these website terms of use or engaged in conduct deemed unacceptable.
LAW AND JURISDICTION
The website terms of use will be governed by the applicable laws within the state of Michigan, USA. User agrees that by accessing our website, Michigan courts shall have exclusive jurisdiction over any claims and actions arising from these website terms of use and/or user’s use of the site.
DOCUMENTATION
Printed copies of these website terms of use and any electronic notices shall be admissible in judicial or administrative proceedings, just as other original printed business documents. For any dispute, Big Ben Medical Supplies' records will be conclusive.
SEVERABILITY
If any part of these website terms of use is deemed invalid, that portion will be interpreted to reflect the original intentions of both parties, while the other portions will remain in full effect.
