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Aeromed Dynamics, LLC
Terms and Conditions of Sale & Services
These Terms and Conditions of Sale and Services (“Agreement”) govern all sales, services, installations, training, and related transactions conducted by Aeromed Dynamics, LLC (“Seller,” “we,” “us”) with any purchaser or contracting party (“Buyer,” “you,” or “Customer”).
1. Offer and Acceptance; Entire Agreement
These Terms and Conditions are incorporated by reference into all quotations, proposals, order acknowledgements, invoices, contracts, and sales made by Aeromed Dynamics, LLC for any and all products, equipment, services, installations, training, and related deliverables (collectively, the “Goods and Services”).
These Terms supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, regarding the subject matter hereof and constitute the complete and exclusive agreement between Aeromed Dynamics, LLC and Buyer unless otherwise expressly agreed in writing by an authorized officer of Aeromed Dynamics, LLC.
Aeromed Dynamics, LLC’s acceptance of any order or offer by Buyer is expressly conditioned upon Buyer’s assent to these Terms. Any additional, conflicting, or inconsistent terms proposed by Buyer are hereby rejected unless expressly agreed in writing by Aeromed Dynamics, LLC.
Buyer acknowledges that transactions governed by these Terms are commercial in nature and not consumer transactions.
2. Prices; Payment Terms; Taxes
All prices are quoted in U.S. Dollars unless otherwise stated and exclude all applicable federal, state, or local taxes, duties, tariffs, or fees, which shall be the sole responsibility of Buyer unless expressly stated otherwise.
Buyer is responsible for providing valid tax exemption documentation where applicable.
Unless otherwise agreed in writing:
Aeromed Dynamics, LLC reserves the right to:
Credit card payments may be subject to a convenience fee. Minimum order or service fees may apply.
3. Delivery, Installation & Performance
Aeromed Dynamics, LLC will use commercially reasonable efforts to meet delivery and installation timelines but does not guarantee specific delivery or completion dates.
Delays caused by carriers, supply chain issues, site readiness, or Buyer’s actions shall not constitute breach or grounds for cancellation.
Installation and on-site services require Buyer to provide:
Aeromed Dynamics, LLC shall not be responsible for delays or additional costs resulting from Buyer’s failure to meet these conditions.
4. Title and Risk of Loss
Title and risk of loss shall pass to Buyer upon delivery of the Goods to the carrier or upon arrival at Buyer’s facility, whichever occurs first, unless otherwise agreed in writing.
Buyer is responsible for insuring Goods after title passes.
5. Inspection and Acceptance
Buyer shall inspect all Goods and Services upon receipt or completion. Any claims for defects or nonconformance must be made in writing within three (3) business days of receipt or installation.
Failure to provide timely written notice constitutes acceptance of the Goods and Services.
6. Warranty
Aeromed Dynamics, LLC warrants that:
Manufacturer warranties may apply and shall pass through where permitted.
This warranty does not apply to defects resulting from:
All warranty claims must be submitted in writing within the applicable warranty period.
7. Exclusive Remedy
Aeromed Dynamics, LLC’s sole obligation and Buyer’s exclusive remedy under warranty shall be, at Aeromed Dynamics, LLC’s option:
Aeromed Dynamics, LLC does not guarantee any specific remedy and reserves discretion in determining the appropriate course of action.
8. Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Limitation of Liability
IN NO EVENT SHALL AEROMED DYNAMICS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF USE, OR DOWNTIME, EVEN IF ADVISED OF THE POSSIBILITY.
AEROMED DYNAMICS, LLC’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER FOR THE SPECIFIC GOODS OR SERVICES GIVING RISE TO THE CLAIM.
10. No Medical Advice; Simulation Use Only
All equipment and training provided by Aeromed Dynamics, LLC is intended for simulation and training purposes only and does not constitute medical advice, diagnosis, or treatment.
Buyer acknowledges that:
11. Training & Performance Disclaimer
Aeromed Dynamics, LLC does not guarantee specific training outcomes, performance improvements, certifications, or operational readiness. Buyer assumes responsibility for how training and simulation equipment is utilized.
12. Returns; Restocking; Non-Warranty Claims
Non-warranty returns require prior written approval and may be subject to restocking fees up to 35%. Custom-built or configured equipment is non-returnable.
All approved returns must comply with RMA procedures issued by Aeromed Dynamics, LLC.
13. Intellectual Property
All designs, documentation, training materials, software, and simulation concepts developed by Aeromed Dynamics, LLC are proprietary and remain the exclusive property of Aeromed Dynamics, LLC unless otherwise agreed in writing.
Buyer may not copy, distribute, reverse engineer, or create derivative works without express written permission.
14. Confidentiality
Buyer agrees to maintain confidentiality of all proprietary, technical, commercial, or training materials received from Aeromed Dynamics, LLC.
15. Media Release
Unless Buyer provides written notice to the contrary, Aeromed Dynamics, LLC may use identifying photographs or video captured during installation or training for marketing and promotional purposes.
16. Indemnification
Buyer agrees to indemnify and hold harmless Aeromed Dynamics, LLC from any claims arising from Buyer’s misuse, unauthorized modification, or application of Goods or Services outside their intended simulation and training purpose.
17. Force Majeure
Aeromed Dynamics, LLC shall not be liable for delays or non-performance caused by events beyond its reasonable control including natural disasters, acts of war, terrorism, labor disputes, supply chain disruptions, or governmental actions.
18. Governing Law; Venue
This Agreement shall be governed by and construed under the laws of the State of Texas. Venue for any disputes shall lie exclusively in a court of competent jurisdiction located in Texas.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
19. Severability; Waiver; Assignment
If any provision is held invalid, the remainder shall remain in effect. Buyer may not assign this Agreement without Aeromed Dynamics, LLC’s prior written consent.
20. Entire Agreement
These Terms constitute the entire agreement between Aeromed Dynamics, LLC and Buyer and supersede all prior agreements relating to the Goods and Services.
21. Contact Information
AeroMed Dynamics
Proudly Manufacturing and Conducting business in Texas, United States
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