Terms of Sale

TERMS AND CONDITIONS OF SALE – NOT FOR RESALE
Last Revised: April 2022

All orders placed by you are SUBJECT TO the terms and conditions of sale set out below.

Please scroll down as necessary to carefully review all of the terms and conditions of sale. We reserve the right to make changes from time to time to the terms and conditions.

The terms and conditions applicable to each of your orders are the terms and conditions set out on this site at the time you place your order.

1. PAYMENT
Products ordered on-line must be prepaid by credit card or other available method of payment at the time the order is placed. We currently accept MasterCard, Visa, and American Express. Available methods of payment are subject to change.

If you are uncomfortable with the degree of security provided by our credit card processor, please place your order directly with us by telephone. (See #7 below). Please review the credit card processor's Privacy Policy.

2. RETURN OF GOODS POLICY
Subject to the terms and conditions of this paragraph 2, you may within the 30 days of purchase return products purchased by you on this site for reimbursement of the purchase price paid by you.

Return of the products will only be accepted and processed for reimbursement:

if the packaging is unopened and in its original condition;
if you have a return authorization number (RMA #) from customer service by telephone (contact information for customer service is set out below) and placed the RMA# on the outside of the return package; and
if you have provided us with satisfactory proof of the date of purchase to verify you purchased the products within 30 days of your return.

Reimbursements will be applied to your credit card or original method of payment for the purchase price originally paid by you in U.S. currency. No credit will be issued until the product is received at our warehouse. See below for contact information.

Shipping charges, taxes, duties, and any other charges paid by you in addition to the purchase price are not eligible for reimbursement. The cost of shipping the product back to us, and any other related costs, is your responsibility.

3. SHIPPING
Products are generally shipped next business day after receipt of the order, subject to availability of products at the time the order is received.

You may cancel an order prior to shipment, however, other than as provided for above, we are not responsible for cancellations once an order has been placed and shipped. All cancellations must be in writing and faced to the attention of customer service. Please see below for contact information.

Shipping charges may be up-dated periodically. The current shipping charges are calculated on the checkout and can be reviewed before completing the order.

4. PURCHASE PRICE
All prices are quoted in U.S. currency, and are final at the time the order is placed. All payment must be made in U.S. currency. Our prices are up-dated periodically. The applicable price is the price set out on this site at the time you place your order.

Prices do not include shipping charges or sales taxes. These charges, where applicable, will be calculated at checkout and can be reviewed before completing your order. On order completion, these charges will be applied to your credit card.

Duties, taxes, and any other charges applicable in the jurisdiction where the products are to be shipped to are your responsibility and will be charged to your credit card if payable by us or our agent.

5. DAMAGE/LOSS IN TRANSIT
Your shipment is 100% insured against loss or damage in transit. You are responsible for claim processing. Please contact the carrier directly. Be sure to save the product packaging.

6. LIMITED WARRANTY/DISCLAIMER/LIMITATION OF DAMAGES
IF A LIMITED WARRANTY IS ENCLOSED IN THE PACKAGING WITH TERMS THAT CONFLICT OR ARE INCONSISTENT WITH THE TERMS OF THIS LIMITED WARRANTY, THE TERMS OF THIS LIMITED WARRANTY WILL PREVAIL.

The NasoNeb® System Compressor carries a twelve (12) month warranty against material defects in material and workmanship from the date of purchase. The NasoNeb® System Supply Tubing, Cup and Insert each carries a three (3) month warranty against material defects in material and workmanship from the date of purchase. If we determine that a product(s) sold by us is not in compliance with this warranty we will, at our option, either (a) repair the product to bring it in compliance or replace it, all at no charge to you, or (b) issue a credit for the purchase price paid by you for the product.

This warranty does not cover defects or damages arising from misuse, lack of proper maintenance, shipment, or any other defect or damage not arising out of a defect in material or workmanship as specified above.

We will not honor warranty claims received fifteen (15) days or more after the applicable warranty period (as set out above in this section 6) has expired. To make a warranty claim, please contact Customer Experience at customerservice@monaghanmed.com or 1-800-833-9653.

You may be required to ship the product to our warehouse, at your expense, for inspection. If after inspection, we determine that the product is not in compliance with our warranty, we will reimburse you for shipping costs incurred by you in shipping the product to us. The product must be shipped using the selected carrier’s Ground shipping service. Faster shipping options may not be reimbursed. You will be required to produce a shipping receipt to validate your claim for reimbursement.

When returning a product, you must comply with our return of goods policy set out below. No returned product or warranty claim for such product will be accepted if it is not marked on the outside packaging with a return authorization number issued by customer service.

NO OTHER WARRANTIES ARE PROVIDED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXCLUDED AND DISCLAIMED. THE REMEDY SET OUT IN THIS SECTION 6 FOR BREACH OF THE PRODUCT WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE PRODUCT WARRANTY. If under applicable law an implied warranty may not be disclaimed, the remedy for the breach of that implied warranty will be limited to the remedy provided for in this paragraph 6 applicable to a breach of the express warranty provided above.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY TO YOU OF ANY KIND WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING A BREACH OF ANY IMPLIED WARRANTY THAT MAY NOT BE DISCLAIMED BY APPLICABLE LAW, IS LIMITED TO THE PRICE PAID BY YOU FOR THE PURCHASED PRODUCT(S). IN NO EVENT WILL WE BE LIABLE TO YOU OR OTHERS FOR: (a) DAMAGES IN EXCESS OF THE PRICE PAID BY YOU FOR THE PURCHASED PRODUCT(S); AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, (b) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

7. CONTACT INFORMATION
Customer service may be reached by fax, e-mail, or telephone as follows:

Hours of operation:
Monday - Friday, 09:00 - 17:00 EST
Tel: 1-800-833-9653
Email: customerservice@monaghanmed.com
Address: 153 Industrial Blvd., Plattsburgh, NY 12901, United States

The contact information may be up-dated periodically.

8. FORCE MAJEURE
We are not liable for failure to perform any of our obligations under these terms and conditions if such failure results from an event or condition, not within our control, that prevents in whole or in material part such performance or which renders such performance commercially unreasonable, including, without limitation, acts of God, terrorism, epidemics (including, without limitation, pandemics and COVID-19), supply shortages, labor disruptions and any other causes beyond our control.

9. GENERAL
You agree that the agreement arising out of your acceptance of these terms and conditions is made in the state of New York. The agreement will constitute the entire agreement between you and us with respect to your purchase. No amendments will be valid, unless agreed to in writing between you and us.

The validity, performance, interpretation, and enforcement of these terms and conditions of sale, and our and your respective rights and liabilities, are governed by and to be construed in accordance with the internal laws of the state of New York. The United Nations Convention on contracts for the International sale of goods will not apply to any sale of products. Any controversy, dispute, question or difference with respect to or in connection with the Agreement or its performance, enforcement, breach, or validity, including, without limitation, the determination of the scope of the agreement to arbitrate (collectively “Dispute”) shall be finally settled by arbitration in accordance with the American Arbitration Association (“AAA”) under its Commercial Rules of Arbitration then in effect (“Rules”). The arbitration panel will consist of one arbitrator appointed in accordance with the Rules. The arbitration will take place in Albany, New York. The arbitrator will not be empowered to award punitive or exemplary damages.

If any part of these terms and conditions is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part will be deemed served and the remaining terms and conditions will continue in force and all rights and remedies accrued under the valid and enforceable terms and conditions, or part thereof, will survive the declaration. You shall not assign or transfer, in whole or in part, the agreement arising from your acceptance of these terms and conditions of sale. Any such assignment or transfer will be void.

You acknowledge that you have requested that these terms and conditions of sale be drafted in English.

You shall not place an order if you are less than 18 years old. By placing an order through our on-line store, you are representing and warranting to us that you are at least 18 years old.

All orders are subject to acceptance at our sole discretion.

By placing an order through our on-line store, you confirm your agreement with all of the above terms and conditions of sale without limitation or qualification.

You agree that the act of placing an order through our on-line store has the same effect as affixing your hand signature on a paper form containing the same terms and conditions of sale.

Please print a copy of these terms and conditions of sale for your records.