Terms and Conditions
RETURNS
SOAR carefully inspects all products prior to shipment, but if you receive the incorrect product or a product with a defect covered by SOAR’s warranty, please notify SOAR customer service within 24 hours of receipt.
To return a product, it must be unused, in its original unopened packaging, and returned within 30 days of receipt. SOAR will not accept returns of custom or specialty kits. All returns are subject to a 15% restocking fee and shipping charges are nonrefundable. Customer is responsible for arranging and paying for return shipping. To return a product, contact customer service to receive a Return Merchandise Authorization and return instructions.
ORDERS, PRICING, AND SHIPPING
SOAR may accept or reject any order. Prices may change without notice. Any price changes effective after you submit your order will not change the prices on your order and no price adjustments will be made. Prices do not include charges for shipping and applicable taxes, and such amounts will be added to your order and are your sole responsibility. Shipping is FOB origin, and title to products pass to Buyer at the time the product is loaded at the shipper’s dock. Delivery dates are not guaranteed. Buyer’s sole and exclusive remedy for failure to deliver is refund of monies paid for products. All prices and payments are in U.S. dollars.
SOAR does not ship outside of the United States except to U.S. federal agencies and APO, DPO, or FPO addresses. For international orders outside of the stated exceptions, please contact our international sales team to find an international distributor in your area.
Written quotes are only valid for 30 calendar days from origination date, unless otherwise stated on the quote.
PRODUCT WARRANTY AND LIMITATION OF LIABILITY
FOR THIRD-PARTY PRODUCTS OR COMPONENTS, INCLUDING THOSE IN SOAR KITS, SOAR WILL PASS THROUGH TO BUYER ALL WARRANTIES PROVIDED BY THE THIRD-PARTY, IF ANY. SUCH PRODUCTS AND COMPONENTS ARE SOLD BY SOAR “AS IS,” AND SOAR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. FOR PRODUCTS OR COMPONENTS MANUFACTURED TO SOAR’S SPECIFICATION, SOAR WARRANTS SUCH PRODUCTS ARE FREE FROM MANUFACTURING DEFECTS; SOAR DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. SOAR EXPRESSLY DISCLAIMS MERCHANTABILITY AND LIABILITY FOR THE MANNER IN WHICH SOAR’S PRODUCTS ARE USED. THE ONLY REMEDIES FOR BREACH OF WARRANTY ARE (A) REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT OR (B) REFUND OF THE PURCHASE PRICE. SELECTION OF THE APPROPRIATE REMEDY WILL BE IN SOAR’S REASONABLE DISCRETION.
BUYER AGREES TO LOOK SOLELY TO THE MANUFACTURER OF THE PRODUCT FOR ANY CLAIM ARISING DUE TO LOSS, INJURY, DAMAGE, OR DEATH RELATED TO THE USE OR SALE OF PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOAR WILL NOT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES; BUYER’S SOLE REMEDIES ARE SET FORTH IN THE WARRANTY.
INDEMNIFICATION
Buyer agrees to defend, indemnify, and hold harmless SOAR from and against any Losses, by reason of or arising out of any suit or claim against SOAR relating to (i) any breach of Buyer’s obligations under these terms, (ii) the negligence, gross negligence, or willful misconduct of Buyer, (iii) Buyer’s violation of any applicable law or governmental regulations, or (iv) misuse of SOAR’s website. Losses means any liability, loss, expense, cost, claim, or judgment, including reasonable attorneys’ fees.
COUNTERFEIT WARNING
Unfortunately, there are counterfeit and replica SOAR products available in the market. Such products are not covered by SOAR’s warranty. To avoid the risk of purchasing counterfeit products, buy directly through www.SOARescue.com. Please contact us to report counterfeits.
BUYER REQUIREMENTS
By purchasing from SOAR, you (Buyer) represent you have obtained all applicable governmental registrations, approvals, licenses, permits, and authorizations from all federal, state, and local authorities necessary for the purchase, possession, or use of any product purchased. You represent you are not on any restricted party list, including the Denied Persons List and Specially Designated Nationals List. Products are only for use with proper training and per the manufacturer’s specifications, and (if applicable) per the manufacturer’s instructions for use.
PRESCRIPTION MEDICAL DEVICES
Federal law requires purchase of a medical device labeled "Caution” or “Rx Only'' be by or under the supervision of a licensed medical practitioner. By purchasing such a device, you certify either (i) you are licensed to purchase “Caution” or “Rx Only” medical devices or (ii) you are operating under the supervision and direction of an individual licensed to purchase “Caution” or “Rx Only” medical devices (e.g., a medical director). If you are purchasing on behalf of an entity (e.g., EMS) you further certify you are authorized to purchase medical devices labeled “Caution” or “Rx Only” for that entity.
CREDIT POLICY
U.S. Federal agencies are prequalified for Net 30 payment terms. All other customers may fill out a new account application for credit review by contacting customer service. An account supported by a line of credit will receive a 2% late charge per month for past due invoices(or the maximum rate allowed by law if such rate is less than 2% per month). SOAR reserves the right to deny credit terms to any customer, to move any account to pre-paid terms, and, if delinquent, place in an account in hold status. Customers may pay with credit card on orders placed up to $25,000. Orders greater than $25,000 must be paid via ACH, wire, or check
INTELLECTUAL PROPERTY
Buyer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (IP) of SOAR or its suppliers. All materials contained in SOAR catalogs or on its web sites are subject to the ownership rights of SOAR and its suppliers. Buyer shall have no right to copy or use any IP of SOAR or its suppliers without SOAR’s express, written permission.
GENERAL
SOAR’s acceptance of orders is expressly made conditional on Buyer’s assent to these terms and conditions. Statements, clauses, or conditions modifying, adding to, or inconsistent with these terms and conditions contained in any order submitted by Buyer are void, and do not become part of the agreement between SOAR and Buyer without SOAR’s express written acceptance of those statements, clauses, or conditions. SOAR’s fulfillment of any order shall not be construed as assent to any of the terms and conditions proposed by Buyer and will not constitute a waiver by SOAR of any of SOAR’s terms and conditions.
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings relative to such subject matter. No provision or term herein may be modified, supplemented, waived, discharged, terminated, or otherwise altered except in writing signed by the parties.
Any failure or delay by either SOAR in exercising any right or remedy provided by or relating to this agreement does not constitute a waiver and shall not prohibit SOAR from exercising such right or remedy at a later time or from exercising any other right or remedy available.
The provisions of these terms and conditions are separate and independent covenants. Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.
SOAR shall not be liable for any loss arising out of any delay or failure in the performance of its obligations hereunder that result from events beyond its reasonable control, including (a) acts of God; (b) acts or regulations of any governmental or national authority; (c) war, terrorism, or other civil unrest; (d) accident, fire, flood, or other natural event; (e) strikes, industrial disputes; or other labor matters; or (f) shortages in labor or supplies.
Notices and other communications given under this agreement will be in writing and effective if delivered via (a) hand-delivery; (b) certified United States mail; (c) overnight courier; (d) electronically to info@SOARescue.com; or (e) any other method in which proof of receipt can be independently verified.