POCKET NURSE® TERMS & CONDITIONS

PLEASE READ CAREFULLY! THE FOLLOWING CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU ARE ADVISED TO KEEP A COPY OF THESE CONDITIONS OF SALE FOR YOUR OWN RECORDS.

APPLICABILITY AND ACCEPTANCE: These terms and conditions of sale govern the sale of Pocket Nurse, LLC products. Orders are subject to acceptance by Pocket Nurse. “Customer” means any person or entity purchasing goods or services from Pocket Nurse.  Acceptance by the Customer of any goods from Pocket Nurse will constitute acceptance of these terms and conditions. No terms and conditions appearing in Customer's order that are in variance with or contrary to Pocket Nurse's terms and conditions will be binding upon unless specifically agreed to in writing. These terms prevail over any of Customer's general terms and conditions of purchase regardless of whether or when Customer has submitted its purchase order or such terms. Fulfillment of Customer's order does not constitute acceptance of any of Customer's terms and conditions and does not serve to modify or amend these terms and conditions. Where applicable state law or the terms of any separate purchasing agreement that has been specifically negotiated with Pocket Nurse conflict with the terms of these Terms and Conditions, state law and the separate purchasing agreement shall supersede and govern; but these Terms and Conditions shall be interpreted together with applicable state law and any separate purchasing agreement to give effect, to the fullest extent permissible at law, to the provisions of these Terms and Conditions.

ORDER VIA:

MAIL:

Pocket Nurse headquarters:

610 Frankfort Road,

Monaca, PA 15061

Canadian Customers:

Pocket Nurse Canada ULC

7030 Woodbine Ave

Suite 500

Markham, ON L3R 6G2

PHONE:

800-225-1600

(Mon–Fri 8:00-6:00 EST)

Outside of the US and Canada: +1-724-480-3777 

FAX:

800-763-0237

(24 hours/7 days)

WEB:

US Customers:  pocketnurse.com

Outside of the US:  pocketnurse.com/international/

EMAIL:

US Customers:  cs@pocketnurse.com

Outside of the US: csgovint@pocketnurse.com

MINIMUM ORDERS: Merchandise total under $50.00 USD will include a $20.00 service charge.  Merchandise orders through purchasing contracts will adhere to minimum order totals as detailed in the purchasing contract. 

ORDER CHANGES: In order to provide the most efficient service possible, orders are processed immediately upon verification. Once an order is processed, it CANNOT be changed or cancelled by Customer. Please submit a new Purchase Order for any desired modifications.

DOMESTIC SHIPPING: Pocket Nurse will use its reasonable efforts to deliver products on or before the estimated delivery date, but not be liable for loss or damages or otherwise for delays, regardless of cause. Transportation method will be determined by Pocket Nurse except for drop shipments, which will be packaged and shipped in accordance with the supplier’s shipping policies. Shipping is F.O.B. shipping point, dock-to-dock delivery, and ground service. Transportation charges on shipments from Pocket Nurse cover dock-to-dock or dock-to-curb deliveries. All orders are shipped “F.O.B. Origin”, and we are not responsible for damages of the shipment once it has left our dock. Risk of loss passes to Customer at the shipping point. The shipping scale will be used to calculate most parcel ground shipping charges, which will be added to the invoice. Products shipping via an LTL freight carrier are not included in the published shipping scale and will be calculated at the time of order based upon quantity, weight, and distance. The shipping scale is located at pocketnurse.com/default/shipping-info. If additional shipping charges are incurred by Pocket Nurse due to customer requests or refusal of shipment, charges will revert to and be paid by the Customer. Pocket Nurse also provides additional shipping services for an additional fee, which include, but are not limited to: Delivery Notification, Inside Delivery, Change of Address; Residential Delivery, Stair Charges, Redelivery, Storage, Lift Gate Requests, Next Day, Second Day, Three Day, and White Glove Service. Additional Fees also may apply for any of these delivery services that deviate from the original shipping instructions on your purchase order. Contact Customer Service for a quote.  Pocket Nurse may, in its sole discretion, without liability or penalty, make partial deliveries of products unless Pocket Nurse has agreed in writing that the order must ship in its entirety. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's order.

INTERNATIONAL SHIPPING:  Pocket Nurse ships, and risk transfers to Customer, FCA the Pocket Nurse facility designated by Pocket Nurse. For door-to-door shipments the Pocket Nurse can offer at Customer’s cost and designation worldwide express shipping options. Cargo/Freight shipments are also available at Customer’s request. Please contact Pocket Nurse’s International Department for quotes and shipping estimates. NOTE: Orders will at our discretion be shipped "Complete", unless Customer expressly requests partial shipments on the Purchase Order. Pocket Nurse will ship on the Customer’s account, but in that event, Pocket Nurse will in addition charge a small packing fee to cover its packing and other costs. Pocket Nurse will only ship the item insured for the full value at Customer’s expense. Unless otherwise agreed to in writing, shipment of goods will be FCA (INCOTERMS 2020). Shipment schedules are approximate and are based upon market and production conditions at the time of Pocket Nurse’s acceptance of Customer’s order. Pocket Nurse shall in good faith attempt to ship by the date specified. Customer agrees, however, that Pocket Nurse shall not be liable for any delay in or failure to make one or more deliveries hereunder if such delay or failure is due to acts of God, war, riot, embargoes, acts of civil or military authorities, governmental regulations, fires, floods, accidents, quarantine, restrictions, mill conditions, acts of Customer, strikes or other labor disturbances, delays in transportation, shortage of cars, fuel, parts, labor or materials, repairs to equipment or any other circumstance or cause beyond Pocket Nurse’s control. Acceptance of goods upon actual receipt shall constitute a waiver by Customer of any claim for damages on account of delays in shipment or performance.

DROP SHIPMENT: Drop shipped item(s) will be shipped to Customer directly from the manufacturer. Please allow additional delivery time. Delivery will be to a designated Customer receiving dock only.

HAZARDOUS MATERIALS: Pocket Nurse does not ship hazardous materials. Pocket Nurse ships ORM-D via ground only. There are weight and volume restrictions for all ORM-D packages which vary by hazard class. Pocket Nurse will ship these items in accordance to all ORM-D regulations. These items are marked ORM-D in the shipping process. Additional charges may apply and be added to Customer Invoice.

PAYMENT TERMS: Invoices will be dated as of the date of the shipment. Customer shall pay all invoices 30 days net with approved credit for Customers using a Purchase Order (some restrictions apply). Prices subject to change without notice. All payments will be made in United States dollars or Canadian dollars, if quoted and invoiced in CAD, and may be made by check, wire transfer, or credit card. Checks are made payable to Pocket Nurse. A Forty Dollar ($40.00) fee will be assessed for each returned check. Accepted Credit Cards: Visa, MasterCard, Discover, or American Express. Credit card payments may be subject to a 3% surcharge. DO NOT SEND CURRENCY. Payments must be received by the due date listed on the invoice or may be subject to finance charges of 1.5% per month (18% APR) on outstanding balances that are past due, and Customer shall reimburse Pocket Nurse for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Pocket Nurse may suspend shipment of Products to Customers who are not credit worthy or whose accounts are past due, at no liability to Pocket Nurse.

PRICING: Prices are subject to change without notice. Prices billed are the prices in effect in Pocket Nurses' published price list in force at the time the order is shipped. Prices are subject to all taxes, excises, or other charges levied by any government (federal, state, or local). Any disputed prices must be identified to Distributor in writing within ten (10) business days from the invoice date. Rebates and credits may be considered a discount and may need to be disclosed by you as required by applicable law. All manufacturer contract prices are effective as of the date determined by the manufacturer. Contract prices are subject to early termination upon notification by the manufacturer. Customer is responsible for notifying Distributor of any special product pricing arrangements that Customer has negotiated with any product manufacturer or group purchasing organizations. Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Pocket Nurse, whether relating to Seller's breach or otherwise.

DOMESTIC SALES TAX: All Prices are exclusive of and Customer is responsible for paying all federal, state, or local sales, use, or excise tax and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Customer with respect to the products and services as appropriate. All businesses and individuals domiciled in Pennsylvania will be charged 6% sales tax unless order is accompanied by a copy of your current, valid tax-exemption certificate. Pocket Nurse also charges and collects sales tax in the following states: AL, AR, AZ, CA, FL, GA, IL, IN, KS, KY, LA, MA, MD, MI, MO, MS, NC, NJ, NV, NY, OH, OK, SC, TN, TX, VA, WA and WV. While Pocket Nurse may not be currently collecting sales tax in all states, Pocket Nurse is asking prospective Customers to send in current, valid sales tax exemption forms or reseller’s certificates for ALL states where products may be shipped if the prospective Customer is exempt from sales tax, as we may be required to collect sales tax in other states in the future. Failure for sales tax exempt Customers may result in sales tax being charged to all orders where an exemption certificate has not been provided in advance. Forms from the IRS claiming the Customer is exempt from federal income tax will not be accepted as a state sales tax exemption form.

INTERNATIONAL SALES TAX: All Canadian sales, GST/HST and Provincial Sales Tax will apply. For all other countries, duties, taxes and other charges may apply.

BACK-ORDER POLICY: If an item is unavailable to ship for (30) days beyond the original estimated ship date, Pocket Nurse is required by law to offer you the option to cancel your order. Backorder notifications will be sent to the original contact on the order via email. At such time, Pocket Nurse will offer the option to cancel the item on the order, or continue to wait for the product at a future ship date. All backordered products will ship immediately upon receipt from our supplier.

RESALE OF PRODUCTS: Customer hereby certifies that it is purchasing products from Pocket Nurse for institutional use and will not resell or redistribute products.

PRODUCT SPECIFICATIONS: Pocket Nurse Enterprises, LLC reserves the right to change product specifications on all items without notice. Factors beyond Pocket Nurse control and the need for continuing improvements of Products require the making of changes in products from time to time. Pocket Nurse reserves the right to make reasonable changes in Pocket Nurse Brand products of any kind without notice, and to deliver revised versions of such products against any order. Pocket Nurse will have no responsibility whatsoever with respect to the changes made by the supplier of products sold by, but not manufactured by, Pocket Nurse and Customer acknowledges that such products are subject to change at any time and from time to time.

DAMAGED SHIPMENTS: Any visible damage, however slight, should be notated on the freight bill at time of delivery. No notation on the freight bill states indicates that Customer received the merchandise in good condition. If visible damage is noted, you may request the driver to do an immediate inspection. Customer has 10 days to report damage from time of delivery for claim to be filed or Customer waives any right to make such claim. After 10 days no claim can be filed.

MISSING MERCHANDISE: Customer shall report all missing merchandise to Pocket Nurse within 30 days of receipt by Customer. Occasionally cartons separate during shipment; however all cartons should arrive within 1-2 working days.

RETURNS: A Return Merchandise Authorization (RMA) number MUST accompany all returns. Should Customer need to make an eligible return pursuant to the terms of this Agreement, Customer will contact Pocket Nurse’s Returns Department at returns@pocketnurse.com within 30 days of receiving the product and Pocket Nurse will issue Customer with an RMA. Pocket Nurse shall not be obligated to issue an RMA except in strict accordance with the terms and conditions of this Agreement. Merchandise eligible for return MUST be returned within 30 days of the RMA number being issued. Merchandise should be securely wrapped and returned in its ORIGINAL CARTON and the RMA number must be visible on the outside of the carton. CUSTOMER IS SOLELY RESPONSIBLE AND LIABLE FOR MAKING THE MERCHANDISE AVAILABLE FOR PICKUP, INCLUDING WITHOUT LIMITATION MAKING SURE THE MERCHANDISE BEING RETURNED IS AVAILABLE FOR PICKUP AT THE DEPARTMENT/LOCATION WHERE THE DESIGNATED CARRIER USUALLY PICKS UP PACKAGES WITHIN YOUR ORGANIZATION. Returned merchandise will not be accepted after 30 days of the RMA issue date and will be returned to the sender. There is a Minimum 20% restocking fee on ALL returned goods. See “Return Goods Policy” at PocketNurse.com.

NON-RETURNABLE MERCHANDISE:

• CDs

• Closeout items

• Custom Totes

• Dated Items

• Discontinued Items

• Disposable Items

• DVD Programs

• Expired Product

• Replacement Parts

• Software

• Special Orders

• Sterile Items

• Used/Refurbished Products

• Videos

FURNITURE: Numerous states require institutional furniture to meet the TB 133 Bulletin or conformance to NFPA 101 Life Safety Code. Check applicable fire codes for your state. Notice & Agreement to EXEMPT TB-133 is available from Pocket Nurse.

DISCLAIMER: Pocket Nurse makes every reasonable effort to display accurate product information. However, due to uncontrollable manufacturing conditions, product colors, specifications and warranties are subject to change without notice. Due to catalog printing process, actual product color may differ from catalog product color. Pocket Nurse is not responsible for typographical or pictorial errors. Prices may change without notice.

EDUCATIONAL PRODUCTS DISCLAIMER:  Pocket Nurse offers for sale Demo Dose, simulated medications, and other simulation and educational products, which are clearly marked in their packaging and in Pocket Nurse’s website and catalogs as instructional products that are not intended for human or animal use (collectively, "Educational Products"). By purchasing any of Pocket Nurse’s Educational Products, Customer agrees to use the Educational Products for educational purposes ONLY and Customer acknowledges that the Educational Products are not intended for human or animal use, injection, application and/or ingestion. Customer further agrees that it will use the Educational Products for their intended educational purposes only, in a safe and legal manner that is consistent with all applicable state and federal laws and with Customer's own internal health and safety policies. To use the Educational Products otherwise is outside the scope and purpose for which they are intended. Customer is solely responsible for ensuring that the Educational Products are not intermingled with or confused for actual medications and medical supplies.  Customer must segregate and store the Educational Products away from patient care items and inventory.  Customer must properly flag any Educational Product in the Customer’s electronic health record system and electronic supply/inventory system as for simulation purposes only and not for human use.  This responsibility to avoid intermingling or confusion also includes, without limitation, the use of proper signage, counting, and tracking to ensure that all Educational Products remain in designated educational and simulation learning areas and do not become intermingled with actual medicines.

Customer hereby waives, releases and forever discharges, and hereby agrees to protect, defend, indemnify and hold harmless, Pocket Nurse®, its employees, agents, officers, directors, shareholders and affiliates (the "Released and Indemnified Parties"), from and against any and all liability, claim, loss, cost, damage and expense arising directly or indirectly out of or relating in any way to the use, possession, maintenance, management, tracking, operation, or storage of the Educational Products, even if that liability, claim, loss, cost, damage or expense is based on or claimed to be based on the negligent acts or omissions of any of the Released and Indemnified Parties or any other party or parties.

DISCLAIMER: THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS IN THIS DOCUMENT. CUSTOMER REPRESENTS AND ACKNOWLEDGES THAT EDUCATIONAL PRODUCTS ARE BEING PURCHASED FOR EDUCATIONAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD USE. POCKET NURSE MAKES NO GUARANTY, REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE.

The provisions of this Educational Products Disclaimer section are in addition to, and not in lieu of, the other provisions of these Terms & Conditions. 

WARRANTY: Pocket Nurse LLC warrants the workmanship and material of Pocket Nurse branded/manufactured products for a period of one (1) year from original date of purchase. Upon return of the product within the specified warranty period, Pocket Nurse reserves the right to repair or replace at its option, any part or parts of a product or accessory covered under this warranty, which shall be Customer’s sole and exclusive remedy and Pocket Nurse’s entire liability for a breach of the warranty in this section. For repair or replacement of a defective product contact Pocket Nurse’s Returns Department directly at returns@pocketnurse.com for an RMA number. This warranty does not apply to any repair or replacement required due to misuse, abuse, improper storage or handling, normal wear and tear, repairs attempted or made by other than our authorized representative, or damage to product, whether to the finish, spoilage, breakage or otherwise, after product leaves point of origin. Items repaired or replaced under warranty are warranted only for the remainder of the original warranty period. This warranty excludes any products with an expiration date and does not extend any included manufacturer’s warranty. THE WARRANTY SET FORTH UNDER THIS SECTION IS STRICTLY LIMITED TO ITS TERMS AND POCKET NURSE DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

LIABILITY LIMITATIONS AND DISCLAIMERS: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, UNDER NO CIRCUMSTANCES SHALL POCKET NURSE, LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES, including but not limited to loss of profit or revenues, damage for loss of use of the Products, damage to property, claims of third parties, including personal injury or death on account of use of the Products or failure of Pocket Nurse to warn against or instruct on, or adequately warn against or instruct on, the dangers of the Products or the safe and proper use of the Products, whether or not Pocket Nurse has been advised of the potential for such damages. Pocket Nurse’s total liability hereunder from any cause whatsoever (except liability from personal injury caused by Pocket Nurse’s gross negligence or willful misconduct), whether arising under contract, warranty, tort (including negligence), strict liability, products liability or any other theory of liability, will be limited to the lesser of Customer’s actual damages or the price paid to Pocket Nurse for the Products that are the subject of Customer’s claim. All claims against Pocket Nurse must be brought within one year after the cause of action arises, and Customer expressly waives any longer statute of limitations. Some states do not allow limitations on the length of an implied warranty or the exclusion or limitation of incidental or consequential damages. As such, the above limitation or exclusion may not apply to Customer. This warranty gives Customer specific legal rights and you may also have other legal rights which vary from state to state.

INDEMNITY: Customer agrees to indemnify and hold harmless Pocket Nurse and any of its officers, directors, parent, subsidiary or affiliated companies from any and all claims, losses, damages, charges, expenses (including any and all reasonable expenses involving attorney’s fees and product recall) arising out of (i) any negligent actions of Customer including but not limited to the use, storage, management, tracking, maintenance, repair or alteration of any product, (ii) any violation of the terms of Educational Products Sales Disclaimer, and (iii) the  use, possession, maintenance, operation or storage of the products delivered to Customer by Pocket Nurse pursuant to this Invoice, even if that liability, claim, loss, cost, damage, or expense is based on or claimed to be based on the negligent acts or omission of Pocket Nurse. Products that are sold for instructional or simulation use only and are not for general consumer, personal, direct or indirect human or animal use. Customer agrees that Customer will use the products for their intended purposes only, and in a safe and legal manner consistent with all applicable state and federal laws. Customer acknowledges that the use of Educational Products other than in a manner consistent with their intended educational and simulation purpose is outside the scope and purpose for which they are intended. Customers of any Educational Products are subject to additional indemnification duties with respect to the Educational Products as set forth in the separate Educational Products Sales Disclaimer. 

CONFIDENTIAL INFORMATION:  All non-public, confidential or proprietary information of Pocket Nurse, including but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Pocket Nurse to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Pocket Nurse in writing. Upon Pocket Nurse's request, Customer shall promptly return all documents and other materials received from Pocket Nurse. Pocket Nurse shall be entitled to injunctive relief for any violation of this section. This section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party.

COMPLIANCE WITH LAW: Customer shall comply with all applicable laws, regulations, and ordinances in use of products purchased from Pocket Nurse. Customer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to use the products and to carry out its obligations under this Agreement.

GENERAL: These terms and conditions are governed by, and the rights and responsibilities of Pocket Nurse and Customer construed, and enforced in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. (without regard to its conflicts of laws provisions) and such laws shall be binding upon Pocket Nurse and Customer hereto in the United States and worldwide. Customer hereby consents to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania, County of Allegheny, U.S.A., in connection with any dispute that may arise hereunder, and Customer herby waives any objections it may have to the jurisdiction or venue of the Pennsylvania courts.  The UN Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All hearings, proceedings, and written and oral submissions made with respect to any legal proceedings between Pocket Nurse and Customer arising out of this Agreement shall be in English.