Terms and Conditions
These Terms and Conditions apply to all sales of goods and equipment (“Goods”) by Cucamonga Medical to any purchaser (“Purchaser”).
​
1. OFFER AND ACCEPTANCE
Cucamonga Medical’s proposal, quote, or invoice constitutes an offer to sell Goods to Purchaser. Acceptance of this offer is expressly limited to these Terms and Conditions.
Any of the following constitutes acceptance of these Terms and Conditions:
Purchaser’s written acceptance,
Payment in full or in part, or
Receipt, possession, or use of the Goods.
Upon acceptance, Cucamonga Medical’s invoice together with these Terms and Conditions form the entire agreement between the parties and supersede all prior oral or written communications. No modification of this Contract shall be effective unless in writing and signed by an authorized representative of Cucamonga Medical.
​
2. DELIVERY; SHIPMENT; RISK OF LOSS
Unless otherwise agreed in writing, delivery is FOB Cucamonga Medical, Rancho Cucamonga, California.
Delivery to the first carrier constitutes delivery to Purchaser. Risk of loss or damage in transit passes to Purchaser upon delivery to the carrier.
Estimated delivery dates are not guaranteed. Cucamonga Medical shall not be liable for delays caused by events beyond its reasonable control, including but not limited to labor disputes, fires, floods, government actions, material shortages, carrier delays, power failures, or Acts of God.
For shipments arranged by Cucamonga Medical on behalf of a consumer purchaser, Cucamonga Medical will reasonably assist Purchaser with filing a carrier damage claim, but liability for transit damage remains with the carrier.
​
3. INSPECTION OF GOODS
Purchaser must inspect the Goods within five (5) days of receipt.
Any shortages, defects, or discrepancies (other than transit damage) must be reported in writing to Cucamonga Medical within ten (10) business days of delivery.
Failure to provide timely written notice constitutes acceptance of the Goods and a waiver of claims for shortages, defects, or nonconformity, except for warranty claims under Section 5.
Claims for transit damage must be made directly with the carrier.
​
4. CANCELLATION AND RETURNS
Standard Goods (non-custom):
Purchaser may return unused, resalable Goods within 30 days of receipt, subject to a 20% restocking fee, plus original outbound freight and return freight costs.
The 20% restocking fee represents Cucamonga Medical’s reasonable estimate of costs for inspection, repackaging, administrative processing, and diminished resale value.
After 30 days: No returns accepted.
Custom Orders:
All custom or special-order Goods are non-returnable and non-refundable.
Installed Products:
Any product installed by or at the direction of Purchaser (including hitches, lifts, or vehicle-mounted equipment) is non-returnable once installed.
​
5. WARRANTY
All Goods are covered only by the applicable manufacturer’s warranty, not by a separate Cucamonga Medical warranty.
Cucamonga Medical does not provide any additional express warranties beyond those of the manufacturer.
To the extent permitted by California law, any implied warranties are limited in duration to the term of the manufacturer’s warranty.
Warranty service requires proof of purchase (invoice or delivery receipt). Warranty parts will generally be supplied through the manufacturer, and expedited shipping (if requested) may incur additional charges.
Cucamonga Medical performs warranty repairs only when:
The Goods were purchased directly from Cucamonga Medical, and
The manufacturer’s warranty designates Cucamonga Medical as an authorized service provider.
Purchaser is responsible for reviewing the manufacturer’s warranty terms.
​
6. LIMITATION OF LIABILITY
To the maximum extent permitted by California law:
Cucamonga Medical shall not be liable for loss of use, loss of income, loss of profits, or any incidental, special, or consequential damages arising from the use, installation, or operation of the Goods.
Purchaser’s exclusive remedy for any defect or breach of warranty shall be repair or replacement of the defective part, as provided under the manufacturer’s warranty.
Nothing in this section limits liability where such limitation is prohibited by California law.
​
7. INSTALLATION AND INDEMNIFICATION
Purchaser is responsible for ensuring that Goods are installed and used in compliance with all applicable safety laws, regulations, and manufacturer instructions.
Purchaser agrees to indemnify and hold harmless Cucamonga Medical from claims arising out of:
Improper installation by Purchaser or third parties,
Misuse or modification of the Goods,
Failure to follow manufacturer instructions, or
Use of the Goods in violation of law or safety standards.
This indemnity does not apply to claims arising solely from Cucamonga Medical’s negligence.
​
8. PAYMENT TERMS
Payment is due as stated on the invoice.
Cucamonga Medical may suspend further deliveries or services if Purchaser fails to make timely payment or if Cucamonga Medical reasonably believes Purchaser may be unable to pay.
Purchaser may not withhold or offset payment unless Cucamonga Medical has expressly agreed in writing.
​
9. LATE PAYMENTS; INTEREST; COLLECTION COSTS
If payment is not made when due, Purchaser agrees to pay:
Interest at 1.5% per month (18% per year) on the unpaid balance, or the maximum rate allowed by law, whichever is less, and
All reasonable costs of collection incurred by Cucamonga Medical, including attorneys’ fees and court costs.
​
10. SEVERABILITY
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
​
11. GOVERNING LAW
This Agreement shall be governed by and interpreted under the laws of the State of California. Any legal action shall be brought in a court of competent jurisdiction in San Bernardino County, California, unless otherwise required by law.