Terms of Sale

Terms and Conditions of Sale

Last Revised: June 2022

All orders placed on Trudellmed.com are sold and fulfilled by TMI Medical Distribution Inc. The words "we", "our" or "us" as used in these Terms and Conditions of Sale mean TMI Medical Distribution Inc.

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, American Express, PayPal and Apple Pay, please review the terms and conditions of our payment partner here: Stripe Privacy Policy. Available methods of payment are subject to change.

2. Returns

Within the 30 days of the date of shipment you may return the product for a refund of the purchase price if the conditions below are met.

In order to be entitled to a refund of the purchase price, the returned product must meet the following conditions:

be unused and in its original condition and packaging;
the return packaging being marked on the outside with a return goods authorization number (RGA#) (See below on how to obtain an RGA number); and
providing us with satisfactory proof of purchase.

Upon receipt of the returned product, we will inspect it and notify you via email, within a reasonable period of time, if it meets the above conditions entitling you to a refund. If yes, we will refund your purchase price and a credit (in the same currency paid to us) will automatically be applied to your original method of payment. No credit will be issued until the product is received, inspected at our warehouse and the conditions above are met. 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 and may be deducted from the total refund if a preprinted shipping label is provided by us.

3. Shipping

Currently, we are only offering shipping to Canadian addresses. 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 through the order’s Order Information page when you sign into your account, if you created an account, or by calling customer service at the number below. Orders may only be cancelled before or on the day you receive email notification confirming the order status. After that, you may not cancel your order.

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

Title and risk of loss and damage to the product(s) passes to you when the product(s) is picked up by the carrier from our warehouse. You will receive a shipment notification email at the time the products are picked up by the carrier. If there are any issues with the shipment, please contact us to resolve.

4. Purchase Price

All prices are quoted and to be paid in Canadian Dollars. All prices are final at the time the order is placed. 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 or chosen method of payment.

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. Limited Warranty / Disclaimer / Limitation of Damages

IF AN EXPRESS WARRANTY IS ENCLOSED IN THE PRODUCT PACKAGING WITH TERMS THAT CONFLICT OR ARE INCONSISTENT WITH THE TERMS OF THIS WARRANTY, THEN THE WARRANTY THAT CAME WITH THE PRODUCT WILL PREVAIL TO THE EXTENT NECESSARY TO RESOLVE THE CONFLICT OR INCONSISTENCY.

The product (excluding compressors and compressor battery) carries a three (3) month limited warranty that it will be fit for the intended purpose as described in the instructions for use. The three (3) month time period begins from the date of shipment.

The 120 Volt OMBRA® table top compressor carries a sixty (60) month limited warranty that it will be fit for the intended purpose as described in the instructions for use. The sixty (60) month time period begins from the date of shipment.

The 120 Volt portable OMBRA® compressor (excluding the battery) carries a twenty-four (24) month limited warranty that it will be fit for the intended purpose as described in the instructions for use. The twenty-four (24) month time period begins from the date of shipment.

The battery included with the 120 Volt portable OMBRA® compressor carries a six (6) month limited warranty against defects in material and workmanship.

If we determine that the product 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.

The above warranty applicable to the products is the sole warranty given by us.

This warranty does not apply to tubing, filters or other accessories and does not cover any damage from failure to follow the instructions for use and cleaning, consumer abuse, unauthorized repairs or modifications, theft, misuse, accidental damage or damage due to transportation or environmental conditions. A compressor or battery with removed or altered identification number will not be covered.

This warranty is not available to retailers or other commercial purchasers or commercial owners. This warranty does not apply to compressors (including battery) for hospital or clinic use. For the warranty applicable to compressors for hospital or clinic use, please contact customer service. Contact information for customer service is set out below.

We will not honour warranty claims received fifteen (15) days or more after the applicable warranty period has expired. To make a warranty claim, please sign-in to your account and initiate a return on the order summary page or follow the directions on the Returns page of the website.

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.

To the extent permitted by applicable law, all other warranties and conditions, express or implied, including the implied warranties and conditions of merchantable quality, durability and fitness for a particular purpose, are excluded and disclaimed or, to the extent they cannot be excluded or disclaimed under applicable law, will only remain in effect during the applicable warranty period referenced above. The remedy set out in this Section 5 for breach of the product warranty is your sole and exclusive remedy for breach of the product warranty. To the extent permitted by applicable law, our entire liability to you of any kind whether in contract, tort, or otherwise, including a breach of any implied warranty or condition 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 (i) THE PRICE PAID BY YOU FOR THE PURCHASED PRODUCT(S) or (ii) $50 (Fifty Canadian Dollars), WHICHEVER IS GREATER; AND (b) TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

YOU MUST CONSULT WITH A PHYSICIAN OR OTHER QUALIFIED PROFESSIONAL IN YOUR JURISDICTION TO DETERMINE WHICH MEDICATION IS APPROPRIATE FOR YOU AND WHETHER THIS PRODUCT MAY BE USED TO ADMINISTER THE MEDICATION. NOTHING ON THIS SITE OR IN THESE TERMS AND CONDITIONS OR IN ANY LITERATURE ACCOMPANYING THE PRODUCT IS TO BE INTERPRETED AS A WARRANTY OR REPRESENTATION BY US THAT THIS PRODUCT IS SUITABLE FOR USE WITH ANY PARTICULAR MEDICATION. YOUR VETERINARIAN OR OTHER QUALIFIED PROFESSIONAL IN YOUR JURISDICTION, MUST MAKE THAT DETERMINATION.

6. Return of Goods Policy

Before returning any product for whatever reason, you must obtain a return authorization number (RGA#). An RGA# can be obtained by initiating a return through the order’s Order Information page when you sign in to your account, if you have an account, or by following the directions on the Returns page of the website. Contact information for customer service is set out below.

No product returns will be accepted without a return authorization number (RGA #). You must place the return authorization number on the outside of the return package.

7. Contact Information

Customer service may be reached by e-mail, or telephone as follows:

Hours of operation:
Monday - Friday, 08:30 - 16:30 EST

Canada:
Telephone: +1-519-455-4862
Toll free: +1-866-510-0004

Email:
customerservice@tmimd.com

International Tel:
+ 1-519-455-7060

Address:
Customer Service
725 Baransway Drive
London, Ontario, CANADA
N5V 5G4

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, supply interruptions or shortages, labour disruptions, epidemics (including, without limitation, pandemics and COVID-19) 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 province of Ontario, Canada. 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 Ontario domestic law. You hereby consent to the exclusive jurisdiction and venue of the Ontario courts in London, Ontario, Canada, in all disputes arising out of or relating to these terms and conditions of sale and/or use of product(s). The International Sales Conventions Act is hereby excluded from the sale of products pursuant to these terms and conditions.

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 acknowledge that you have requested that these terms and conditions of sale be drafted in English. Vous reconnaissez avoir exigé à ce que cette convention soie rédige en Anglais.

You shall not place an order if you are less than 18 years old. By placing an order through this 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.

Orders fulfilled through our website are not intended for resale unless we have authorized their resale pursuant to a separate agreement signed by us.

By placing an order through this 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 this 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.