Terms of use

1. Who we are

American Medical & Equipment Supply, Inc. is a family-owned retailer and provider of durable medical equipment located at 3725 Union Avenue, San Jose, CA 95124. We sell, rent, deliver, set up, and repair medical equipment. We are a private-pay business and do not bill or accept Medicare, Medi-Cal, or private insurance.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to purchase, rent, or arrange services. By placing an order you represent that you meet these requirements and that the information you provide is accurate.

3. Your account

If you create an account, you are responsible for keeping your login credentials confidential and for all activity under your account. Provide accurate, current information and keep it updated. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

4. Products, pricing, and availability

We work to keep product descriptions, images, availability, and pricing accurate, but errors can occur, and products may be discontinued or out of stock. We reserve the right to correct errors and to change or update prices, product information, and availability at any time without notice. Prices are in U.S. dollars and exclude taxes and any delivery or shipping charges unless stated otherwise.

5. Orders and payment

Your order is an offer to purchase. All orders are subject to acceptance by us, and we may decline or cancel an order — including after it is placed — for reasons such as product unavailability, a pricing or description error, suspected fraud, or inability to verify information. Where we cancel a paid order, we will issue a refund to the original payment method. Checkout and payment are processed through Shopify's secure, PCI-compliant checkout. You must provide a valid email address and phone number to complete a purchase. Applicable taxes are calculated at checkout.

6. Shipping, local delivery, setup, and in-store pickup

Delivery and shipping options and rates are shown at checkout and depend on your location and the items ordered. We offer professional local delivery and in-home setup within our service area for a fee, and free in-store pickup at our San Jose showroom. We will coordinate delivery or service appointments with you. Estimated delivery and setup times are not guaranteed. Risk of loss for purchased items passes to you upon delivery or pickup.

7. Returns, exchanges, and cancellations

For the health and safety of every customer, all sales are final. We do not accept returns or exchanges and do not offer refunds. Medical equipment and supplies cannot be resold or reused once they have left our store for hygiene and safety reasons, and many items are non-returnable by law. We encourage you to contact us with any questions before purchasing so we can help you choose the right product. Damaged or defective items and manufacturer warranty issues are handled as described in Section 11 — please call us and we will help.

8. Rentals

Equipment rentals are governed by a separate rental agreement that you sign or accept at the time of rental; if its terms conflict with these Terms, the rental agreement controls for that rental. In general:

• Title to rented equipment remains with American Medical at all times; you receive only the right to use it for the rental period.
• You are responsible for using the equipment properly and for loss or damage beyond normal wear during the rental period.
• Rental charges accrue for the agreed period; late returns may incur additional charges.
• You must return the equipment in good condition by the agreed date and time, or arrange an extension with us.

9. Repairs and service

For repair and maintenance services:

• We provide a diagnostic assessment and a repair estimate before performing work; we will obtain your authorization before proceeding with chargeable repairs.
• Estimates are based on the information available and may change if additional issues are found; we will seek your approval for material changes.
• Parts availability and manufacturer support can affect timing and feasibility; we do not guarantee that any item can be repaired.
• You are responsible for paying authorized charges and for picking up your equipment promptly. Equipment left unclaimed after we notify you may be subject to storage fees or disposal as permitted by law.

10. Payment — private pay only

American Medical & Equipment Supply is a 100% private-pay business. We do not accept, bill, or submit claims to Medicare, Medi-Cal, or any private insurance, and we do not provide insurance documentation for reimbursement. Payment is due at the time of purchase or rental by the methods we accept. If a product you need requires a prescription, you are responsible for obtaining one from your healthcare provider.

11. Prescriptions, medical disclaimer, and warranties

Prescriptions and medical disclaimer

Some products require a valid prescription, and you are responsible for providing one where required. Information on the Site is provided for general purposes and is not medical advice. Always follow the guidance of your physician or healthcare provider, and read and follow all manufacturer instructions and warnings before using any equipment. Improper use of medical equipment can cause injury.

Warranties

Products may be covered by the manufacturer's warranty, which is passed through to you where applicable; we will help you understand the warranty for your item. Except as expressly provided and to the fullest extent permitted by law, the Site and our products and services are provided “as is” and “as available,” and we disclaim all other warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose. Some jurisdictions do not allow certain disclaimers, so some of these may not apply to you.

12. Reviews and user content

If you submit a review or other content, you represent that it is your own, accurate, and not unlawful, infringing, misleading, or offensive. You grant American Medical a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and adapt that content in connection with our business. We may, but are not obligated to, review, moderate, edit, or remove content at our discretion. Do not submit protected health information in public reviews.

13. Acceptable use

You agree not to misuse the Site, including not to:

• violate any law or the rights of others;
• attempt to gain unauthorized access to the Site, accounts, or systems;
• introduce malware, scrape or harvest data, or interfere with the Site's operation; or
• use the Site to transmit fraudulent, abusive, or unlawful content.

14. Intellectual property

The Site and its content — including text, graphics, logos, images, and software — are owned by American Medical or its licensors and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission, except as needed for ordinary, personal use of the Site. Third-party brand names and product images are the property of their respective owners.

15. Third-party links and services

The Site may link to or rely on third-party websites and services (such as our checkout and payment provider). We are not responsible for the content, products, or practices of third parties, and your use of their services is governed by their own terms and policies.

16. Limitation of liability

To the fullest extent permitted by law, American Medical and its owners, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or relating to your use of the Site or our products or services. To the extent liability cannot be excluded, our total liability for any claim will not exceed the amount you paid for the product or service giving rise to the claim. Nothing in these Terms limits any liability that cannot be limited under applicable law, including for death or personal injury caused by our negligence or for fraud.

17. Indemnification

You agree to indemnify and hold harmless American Medical and its owners, employees, and suppliers from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your misuse of the Site, your violation of these Terms, or your violation of any law or the rights of a third party.

18. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute that is not otherwise resolved will be brought exclusively in the state or federal courts located in Santa Clara County, California, and you consent to their jurisdiction. Before filing any claim, you agree to first contact us so we can try to resolve the matter informally.

19. Changes to these Terms

We may update these Terms from time to time. We will revise the “Last updated” date above, and changes take effect when posted. Your continued use of the Site or placing of orders after changes take effect constitutes acceptance of the updated Terms.

20. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a business transfer. These Terms, together with any policies and agreements referenced here (including our Privacy Policy and any rental or service agreement), are the entire agreement between you and us regarding the Site.

21. Contact us

• American Medical & Equipment Supply, Inc.
• 3725 Union Avenue, San Jose, CA 95124
• Phone: (408) 559-5800
• Email: info@americanmedicalinc.com