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First Choice Terms and Conditions Please review First Choice Medical Supply LLC Terms and Conditions

Freight

All shipments are FOB shipping point, freight paid to city of destination via route and carrier selected by First Choice Medical Supply (FCMS) for minimum orders of $400 for med-surg products, $500 for linens, $750 for Durable Medical Equipment and $750 for combined med-surg and Durable Medical Equipment orders on one shipment to one destination.

Orders under $400 for med-surg, $500 for linens, $750 for Durable Medical Equipment and $750 for combined med-surg and Durable Medical Equipment will have actual freight charges added. Orders for shipment to residential addresses, special order items, and certain orders for Durable Medical Equipment may be subject to additional freight charges. First Choice Medical Supply does not require a minimum order amount.

Prices

Prices and product specifications are subject to change. All orders are subject to acceptance by our Mississippi headquarters. Merchandise will be invoiced at the price prevailing on date of shipment. Unless otherwise agreed in writing, terms of payment are Net 30 days from date of invoice.

Receiving Your Order

Carefully check your order against your First Choice Medical Supply packing list, immediately upon receipt. Damages noted upon receipt of the order should be documented on the freight carrier receipt and reported to First Choice Medical Supply. Shortages of product should be reported immediately to First Choice Medical Supply. We will work with you to replace or give credit for any damaged merchandise or shortages.

Returns

This Policy applies to all customers and transactions, unless superseded by a signed written agreement including specific returned goods terms and conditions. We reserve the right to reject any return that does not comply with the terms of this Policy.

Returns of non-FCMS brand items and "vendor directs" are subject to the terms and conditions of the manufacturer and may incur additional charges such as restocking or freight, based on the manufacturer's policy. These charges will be deducted from the credit when issued.

Custom Items, Special Order, Patient Home Direct, or Made to Order items cannot be returned. Product may be returned for any item that has been shipped in error or found to be defective. Damaged items will require the appropriate inspection and/or documentation that would allow First Choice Medical Supply to file the appropriate claim with the carrier. (All other returns may be subject to a restocking fee as listed below).

Returns that are not for defect, damage or error will be subject to the following restocking amounts, based on the date of the original invoice:

Return from Date of Invoice
Re-Stocking Fee as a % of the Invoice Amount



0 - 60 days
10% + Freight
61 - 180 days
25% + Freight
6 months or greater
not returnable

All returns require a Returned Goods Authorization (RGA). Goods received without prior authorization will be subject to review and credit may be denied. You may obtain an RGA by calling First Choice Medical Supply's Customer Service Department at 1-800-809-4556. An RGA Number is valid for 60 days after issuance.

Returns may be rejected due to the physical condition of the items received in our warehouse or our vendor's warehouse. When returning product that is not defective, damaged, or a First Choice Medical Supply shipping error, the following terms and conditions apply: (a) items must be received in unopened cases with original packaging intact, (b) items with "piggyback labels" will not be accepted (these fall into the made to order category), (c) the expiration date on all nutrients have a shelf life of not less than six months from date received in our warehouse, (d) expired items may not be returned, (e) items with a RX label may not be returned and (f) items not in salable condition due to improper storage, spoilage, or damaged packaging are not returnable.

Should you need assistance in scheduling a pick up, we can provide you with the appropriate Call Tags or Bill of Lading. Your RGA authorization will be provided with instructions for contacting the carrier.

All quality issues, damaged products or returns that are as a result of a First Choice Medical Supply error, may be returned at First Choice Medical Supply's expense.

Collection

Any invoice that remains unpaid beyond the due date of the invoice will be subject to a charge of 1% (or the maximum amount allowed by law, whichever is less) per month or any portion thereof as long as the invoice remains unpaid. Interest will accrue from the date of the invoice. Any past due invoice may be subject to collection proceedings.

Controlling Law

This implied agreement is made under and shall be governed by, and construed and enforced in accordance with, the substantive laws of the State of Mississippi. The venue for any legal proceeding arising is Rankin County, Mississippi.

Recovery of Legal Fees

In the event legal proceedings are instituted by First Choice Medical Supply as a result of the purchaser's failure to pay invoices rendered by First Choice Medical Supply, the purchaser agrees to pay all costs and expenses associated with the collection of any amounts due and owning to First Choice Medical Supply, including attorney's fees incurred in collecting any amount due together with interest on all unpaid invoices at the rate specified herein.

Reimbursement Information and HCPCS Codes

The reimbursement information and HCPCS codes provided by First Choice is intended to provide general information relevant to coding and reimbursement of products only. Coverage and payment policies for the same insurer can vary from one region to another and may change from time to time because of ongoing changes in government and insurance industry rules and regulations. Therefore, please confirm HCPCS Codes with your local DME-MAC, private insurer, or Medicaid agency before processing claims. First Choice does not guarantee coverage or payment for the products listed herein or the accuracy of the HCPCS codes.

First Choice Medical Supply retains the flexibility to update this policy, and may periodically update this policy.

If you have any questions about this policy, request further information by use of our http://www.fcms.com/contact_us page or call us, using 1-800-809-4556. Our mailing address is: First Choice Medical Supply, 127 Interstate Dr, Richland, MS 39218, ATTN: Legal.
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