1.1 You agree to use our website responsibly and in accordance with all applicable laws. Unauthorized activities such as hacking, scraping, data mining, or interfering with the site’s functionality are strictly prohibited.

1.2 You must be at least 18 years old or legally authorized by your organization to place orders or submit information through the website.

1.3 You agree not to use the website for fraudulent, deceptive, or otherwise harmful purposes.

2.1 MQ Healthcare Distributor LLC supplies medical and surgical products to clinics, hospitals, school districts, nonprofit organizations, government agencies, businesses, industrial buyers, home-health providers, and individual consumers.

2.2 Some customers may require additional verification before orders can be accepted. This may include proof of authorization, agency documentation, purchasing permissions, or identity verification.

2.3 Government or institutional accounts may be subject to additional terms based on procurement, regulatory, or contractual requirements.

3.1 MQ Healthcare makes every effort to keep all product descriptions, specifications, pricing, and availability information accurate and up to date. While we work diligently to maintain accuracy, occasional typographical errors, manufacturer changes, or updates may occur. We reserve the right to correct such information at any time.

3.2 Product availability may be affected by manufacturer supply, regulatory restrictions, backorders, discontinuations, or supply-chain factors. Although we cannot control these circumstances, MQ Healthcare will always strive to keep customers informed of any delays, changes, or interruptions.

3.3 MQ Healthcare is not responsible for delays or interruptions caused by manufacturers, carriers, or external factors beyond our control. However, we are committed to working closely with customers to identify solutions whenever possible, including recommending alternatives, sharing updated timelines, or assisting with substitutions to minimize operational disruption.

3.4 Product images are provided for general reference only. Actual packaging, appearance, or specifications may vary due to manufacturer updates.

4.1 All pricing is listed in U.S. dollars and may be updated without notice.

4.2 Accepted payment methods include major credit cards, PayPal, wire transfers, ACH (when available), and approved purchase orders for institutional customers.

4.3 Approved accounts may be offered NET 15, NET 30, or contract-specific terms.

4.4 Late or unpaid balances may incur interest charges, collection fees, or suspension of ordering privileges.

4.5 We reserve the right to cancel or refuse orders resulting from pricing errors, suspected fraud, product availability issues, or regulatory limitations.

5.1 Purchase Orders are accepted only from customers who have an established account in good standing with MQ Healthcare Distributor LLC, including approved credit terms or pre-approved purchasing arrangements.

5.2 Customers without an established credit line must pay the invoice in full before merchandise is released. Orders will not ship until payment is received and confirmed.

5.3 MQ Healthcare may verify Purchase Orders for accuracy, authenticity, and purchasing authorization. Customers may be contacted to confirm PO details, quantities, facility information, or buyer identity.

5.4 Purchase Orders that exceed certain thresholds, or orders placed by government agencies, educational institutions, and healthcare systems, may require approval or signature from an authorized institutional representative. MQ Healthcare reserves the right to request such authorization prior to processing or releasing an order.

5.5 MQ Healthcare may decline any Purchase Order that is incomplete, unverifiable, improperly authorized, or inconsistent with account terms or regulatory requirements.

6.1 Sales tax is collected where required by law.

6.2 Tax-exempt customers must provide valid exemption documentation prior to ordering.

6.3 Sales tax cannot be refunded retroactively if documentation is not provided before purchase.

7.1 Certain medical products may require a verified business account and proof of appropriate credentials prior to order acceptance. These may include, but are not limited to, prescription medical devices, regulated clinical supplies, diagnostic items, or products restricted to licensed healthcare professionals or approved medical facilities. When applicable, these requirements will be clearly indicated on the product page of our website.

7.2 Customers may be required to provide documentation such as a practitioner license, facility license, NPI number, DEA registration, or a written prescription before an order can be processed. MQ Healthcare reserves the right to decline or cancel orders that do not meet federal, state, or local regulatory requirements.

7.3 Products identified as “Rx Only,” “Prescription Device,” “Professional Use Only,” or otherwise restricted are subject to federal regulations. Federal law prohibits the dispensing, purchase, possession, or use of such products by unauthorized individuals or entities. Customers are responsible for ensuring they are legally permitted to obtain and use these items.

7.4 By purchasing regulated or restricted products, the customer certifies that all submitted information is accurate and that the products will be used strictly in accordance with applicable federal, state, and local laws, as well as manufacturer guidelines.

7.5 MQ Healthcare is not responsible for misuse, diversion, or unlawful procurement of regulated medical products. Any attempt to obtain restricted products through misrepresentation may result in order cancellation, account suspension, and reporting to the appropriate authorities if required.

8.1 Products are intended for legitimate medical, clinical, laboratory, educational, or home-health use.

8.2 Customers must ensure proper handling, storage, and training of all personnel using the products.

8.3 MQ Healthcare is not liable for damage or injury caused by misuse, improper storage, unauthorized modification, or failure to follow manufacturer guidelines.

9.1 All content, branding, text, graphics, product descriptions, and materials on the MQ Healthcare website are owned by MQ Healthcare Distributor LLC.

9.2 Unauthorized reproduction, modification, or distribution is strictly prohibited.

10.1 MQ Healthcare is not liable for indirect, incidental, or consequential damages, including lost profits or business interruption.

10.2 MQ Healthcare’s total liability shall not exceed the purchase price of the product(s) involved.

10.3 We are not responsible for delays caused by manufacturers, carriers, supply chain issues, or force majeure events.

11.1 MQ Healthcare Distributor LLC is committed to delivering high-quality medical and surgical products that are carefully vetted and sourced from reputable manufacturers.

11.2 All products sold by MQ Healthcare are new, unused, and supplied in their original manufacturer packaging unless otherwise specified.

11.3 MQ Healthcare honors and supports all applicable manufacturer warranties, and will assist customers in initiating warranty claims, replacements, or quality investigations when needed.

11.4 While MQ Healthcare is not the manufacturer and therefore does not provide independent product warranties, we stand behind the authenticity and condition of every item we supply. Certain products and medical equipment may qualify for additional warranty protection or extended coverage, which can be purchased separately through our approved warranty insurance partners. When available, these optional warranty services will be clearly disclosed at the time of purchase or provided upon customer request.

11.5 If a product arrives damaged, defective, or inconsistent with its description, customers should contact MQ Healthcare immediately for support, and we will work with the manufacturer and customer to resolve the issue promptly.

11.6 MQ Healthcare does not warranty products against misuse, improper storage, alteration, or use inconsistent with manufacturer guidelines.

12.1 Customers are responsible for maintaining the confidentiality of their account login credentials.

12.2 MQ Healthcare is not responsible for unauthorized account access due to compromised credentials.

12.3 We reserve the right to suspend or terminate accounts for fraud or violations of these Terms.

13.1 Orders may only be modified or canceled prior to processing.

13.2 Sterile, regulated, disposable, or custom items cannot be canceled once processing has begun.

13.3 MQ Healthcare reserves the right to cancel any order at any time for safety, regulatory, or availability reasons.

14.1 Our website may include links to manufacturer websites, specification sheets, or external resources.

14.2 MQ Healthcare is not responsible for the accuracy or content of third-party websites.

14.3 Use of external information is at the customer’s discretion.

15.1 Manufacturers may update product specifications, packaging, formulations, or labeling without notice.

15.2 MQ Healthcare may fulfill orders with the most current manufacturer version available.

16.1 By using our website, creating an account, or placing an order with MQ Healthcare Distributor LLC, you consent to receiving electronic communications from us. These communications may include, but are not limited to:

• Order confirmations
• Shipping updates
• Invoices and payment statements
• Credit or account notices
• Regulatory compliance requests
• Product availability updates
• Backorder notifications
• Warranty or quality assurance correspondence
• Safety alerts, recalls, or manufacturer notifications
• Policy updates and Terms & Conditions revisions

16.2 Electronic communication may occur through email, website notifications, digital documents, SMS, or communication sent through your registered account. These communications satisfy any legal requirement that such information be provided in writing.

16.3 For institutional and government customers, electronic documents such as invoices, PO confirmations, delivery notices, and statements will be considered official business communications unless otherwise required by law or contract.

16.4 Customers agree to maintain valid and updated contact information to ensure timely receipt of electronic notices. MQ Healthcare is not responsible for missed communications due to outdated or incorrect email addresses or security settings that block our messages.

16.5 Electronic signatures, approvals, or acknowledgments provided through our website, email, or digital systems shall be legally binding and treated the same as handwritten signatures, to the fullest extent permitted by law.

16.6 Customers may manage certain electronic communication preferences through their account settings; however, opting out of required service emails (e.g., order confirmations, safety notices, compliance requests) is not permitted.

16.7 MQ Healthcare may send required notifications related to regulated products, recalls, safety issues, or compliance obligations as mandated by law. Customers agree to review and act upon such notices promptly.

17.1 The customer (“Indemnifying Party”) agrees to indemnify, defend, and hold harmless MQ Healthcare Distributor LLC, its officers, directors, employees, contractors, representatives, suppliers, and affiliates (“Indemnified Parties”) from and against any and all claims, actions, demands, damages, losses, liabilities, penalties, fines, judgments, settlements, costs, and expenses of any kind whatsoever, including without limitation attorneys’ fees and litigation expenses, arising out of or relating to:

• the purchase, handling, storage, use, misuse, or disposal of any products
• any breach of these Terms & Conditions
• any negligent act, omission, misconduct, or violation of law
• any failure to follow manufacturer instructions, warnings, or guidelines
• unauthorized modification, alteration, or repackaging of products
• failure to obtain proper licensing, credentials, prescriptions, or regulatory approvals
• third-party claims arising from the customer’s use of products
• unauthorized purchase, resale, or export of products
• false, misleading, or inaccurate information provided by the customer
• any regulatory, governmental, or compliance action triggered by the customer’s acts or omissions
• violations of federal, state, or local laws, including FDA, DEA, OSHA, CMS, or state medical board regulations

17.3 The customer agrees that its duty to defend includes providing legal counsel acceptable to MQ Healthcare and covering all legal fees, costs, and expenses as they occur.

17.4 MQ Healthcare may, at its sole discretion, assume exclusive control of any matter subject to indemnification without relieving the customer of its obligations.

17.5 This indemnification obligation survives product delivery, account termination, and expiration of these Terms.

18.1 MQ Healthcare Distributor LLC shall not be liable for any delay, interruption, or failure to perform any obligation under these Terms when such delay or failure is caused by circumstances beyond our reasonable control (“Force Majeure Events”). These events may include, but are not limited to, natural disasters, severe weather, fires, floods, pandemics, epidemics, public health emergencies, supply chain disruptions, manufacturer shutdowns, transportation delays, labor strikes, civil unrest, acts of terrorism, war, governmental actions, or any other event that renders performance impracticable.

18.2 While MQ Healthcare cannot be held responsible for Force Majeure Events, we are committed to taking reasonable steps to reduce their impact. This may include communicating anticipated delays, providing status updates, offering alternative product options when available, or adjusting delivery timelines as circumstances allow.

18.3 Mitigation efforts by MQ Healthcare shall be undertaken in a commercially reasonable manner and do not imply or create any obligation to incur financial losses, obtain substitute products at higher cost, guarantee availability, or assume risks outside our control.

18.4 If a Force Majeure Event significantly impairs our ability to fulfill an order, MQ Healthcare will make a good-faith effort to notify the customer as soon as practicable and work collaboratively to determine reasonable next steps, including partial fulfillment, substitutions, backorder placement, or order cancellation without penalty.

18.5 Force Majeure Events shall excuse performance for the duration of the event and for an additional reasonable recovery period thereafter. Neither party shall be liable for any damages caused by such excused delay.

19.1 Any dispute, controversy, or claim arising out of or relating to these Terms, the purchase or use of products, or any interaction with MQ Healthcare Distributor LLC shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules.

19.2 Arbitration shall be conducted in Fort Worth, Texas, unless applicable law or a government contract requires a different venue. The proceedings shall be held before a single, neutral arbitrator experienced in commercial and/or healthcare-related disputes.

19.3 Arbitration is intended to provide a fair, efficient, and cost-effective method of resolving disputes. Both parties waive the right to a trial by jury or participation in a class action, class arbitration, or representative proceeding.

19.4 Each party shall be responsible for its own legal fees and costs associated with arbitration unless otherwise required by applicable law or awarded by the arbitrator.

19.5 Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction when necessary to prevent immediate and irreparable harm.

19.6 Government agencies or public-sector customers who are legally prohibited from entering binding arbitration shall instead follow the dispute resolution procedures mandated by applicable statutes or procurement rules.

20.1 These Terms, and any dispute arising from or related to them, shall be governed and interpreted in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles.

20.2 For matters not subject to arbitration (see Section 19), the exclusive venue for any permitted legal action shall be the state or federal courts located in Tarrant County, Texas. Customers consent to the personal jurisdiction of such courts.

20.3 Customers acknowledge that certain transactions, especially those involving regulated medical products, may also be governed by applicable federal laws and regulations, including those enforced by the FDA, DEA, CMS, OSHA, and other government authorities.

20.4 Nothing in this section shall restrict MQ Healthcare’s ability to comply with federal, state, or local enforcement actions, regulatory audits, or legal mandates.

21.1 MQ Healthcare Distributor LLC may revise, update, or modify these Terms & Conditions at any time to reflect changes in our business practices, product offerings, regulatory requirements, or industry standards.

21.2 Updated Terms will be posted on our website with a revised “Last Updated” date. Customers are encouraged to review the Terms periodically to remain informed of current policies.

21.3 Continued use of the website or placement of new orders after updated Terms have been posted constitutes acceptance of the revised Terms.

21.4 If significant changes affect how we manage compliance obligations, order requirements, or customer responsibilities, MQ Healthcare may provide additional notice via email or account notification when appropriate.

21.5 No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and explicitly approved by MQ Healthcare.

Email: legal@mqhealthcarepr.com