Updated Date: Aug. 23, 2023

Prices, Taxes, Payment Term, & Shipment

All prices provided in this website include any federal, state, or local taxes, duties, or other fees imposed by competent governmental authority on the services and/or products you order; however, any costs of freight, special storage or packaging in your order will be paid in addition to the price quoted and listed independently on the invoice. Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information expressed on this website is inaccurate at any time without prior notice (including after you have submitted your order). Your orders will be confirmed with the completion of the full payment for the orders. Your ordered products will be shipped by FedEx or equivalent within forty-eight (48) hours after the confirmation of the orders. Shipping and packaging of your products will be charged at a flat rate based on their quantity and category (please refer to the flat rate policy on the website for more information). In addition, Seller reserves the right to adjust prepaid payment terms required on this webpage.

Cancellation Prior to Shipment

You may cancel or revise any of your orders submitted hereunder at any time prior to shipment by sending an email to info@mediballoon.com or clicking the “Contact Us” link on this webpage. In such case, your advance payment will be refunded minus all costs incurred as a result of such cancellation, including, but not limited to, cancellation costs to suppliers and unreimbursed advances on goods, if any, together with any specifically identifiable incidental and consequential expenses. (“Cancellation Charges”). Supplier will provide you with a detailed listing of all Cancellation Charges, documentation or evidence bearing on the down payment of such Cancellation Charges and additional information you reasonably request. 

Ownership of Tooling

Any and all tooling (including, but not limited to, tools, dies, patterns, and molds developed by Seller specifically for manufacturing products, such as balloons, catheters, extrusions, or other parts and subassemblies offered on this website) manufactured by or at the request of Seller is Seller’s exclusive property and its development, design, and use are the same. Ownership interest in such tooling is retained exclusively by Seller.

Disclaimer of Intellectual Property Right

The services and products offered by Seller on this website are intended to support your iterative, cost-effective, and early-stage product research and development. You are solely responsible for patent clearance and infringement assessment and for protecting and registering any intellectual property rights covering your definitive products. Seller cannot guarantee that the services and products offered on Seller’s website will not infringe valid or pending patents and makes no express or implied warranties or representations regarding intellectual property infringement. Nothing herein shall be construed as a license or sublicense to operate under any Seller or third-party- owned patent or other intellectual property right.

Disclaimer of Representation & Warranties

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF THE SALE OF PRODUCT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, AND EVEN IF ANY OF THE LIMITED REMEDIES SET FORTH HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. BESIDES, SELLER’S AGGREGATE LIABILITY FOR ANY REASON AND UPON ANY CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF PRICE PAID IN ACCORDANCE WITH THE CORRESPONDING ORDER.

Inspection and Return Policy

After receiving any products from Seller, you have 7 days to inspect and verify the type, quantity and quality of products and may request for return for any products that you reasonably believe failing to meet the quantity or specification of products in material, length, and diameter, and Seller will review your return request on a case-by-case basis in good faith. Products will be deemed to be delivered in accordance with the specifications and free from defects if Seller does not receive your request within the specified period. For the purpose of clarity, any discrepancy of the specifications of products within the ordinary tolerance zones applicable in the industry or correspond to quality specifications given on the webpage will not be considered a product defect when Seller reviews your request. If Seller approves your request of product return, the products must be returned in the original package with the original label still on the package. If the products are returned, they must be packaged similar to the way they were packaged by Seller in order to protect the contents from being damaged. You are responsible for the shipping cost of any returned products. Notwithstanding anything to the contrary contained herein, under no circumstances shall any products manufactured for trial/custom run orders be returnable as these are executed on a commercially best efforts basis.

Privacy Policy

You will be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or confirmation of your ability to access and use Seller’s website. You are responsible for the accuracy and completeness of any information you provide in your account, and Seller will always adhere your information and assume it is accurate, correct, and up to date while carrying out your orders. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access Seller’s ecommerce system on this website. Accordingly, you are responsible for all activities that occur under your account/s. You may be asked to enter and Seller will collect your name, email address, password, mailing address, phone number, FedEx Account Number or other details for the purposes to (i) fulfill your orders and requests, (ii) survey your demands for future business transaction and communication, and (iii) enhance the functionality and performance of Seller’s website. You will be redirected to a third-party webpage to complete your payment online processing, where the privacy policy hereof will not apply. Seller is not liable for the privacy practices and the procedures of other websites and encourages you to read their privacy statements. If at any time you would like to discontinue your account or erase your information registered in this website, you can email Seller at info@mediballoon.com or follow the instructions at the bottom of each email and we will promptly remove and delete your information upon your request. Unless receipt of your such request, Seller will only retain your personal information for as long as necessary to fulfil the abovementioned purposes, or to comply with any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, Seller considers the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other manners, and the applicable legal requirements. Seller is required by law to retain basic information about customers, such as payment data, generally for seven years after they stop being customers for tax purposes. Please note that we may retain information that is otherwise deleted in anonymized and aggregated form, in archived or backup copies as required pursuant to records retention obligations, or otherwise as required by law. Currently, this website is not prepared for customers who are located in the European Union, and Seller will improve the services provided herein to those customers in the coming future. Customers from the European Union who are interested in Seller’s products listed on this website should send an email to info@mediballoon.com, and Seller will respond as soon as possible.

Governing Law

This Contract and its terms and conditions shall be governed by and construed in accordance with the laws (other than those relating to conflict of laws questions) of the State of California. The state and federal courts located in Alameda County, California, have the exclusive jurisdiction and venue against any controversy, dispute or claim arising out of or relating to the terms and conditions provided herein, or the breach thereof, as well as the personal jurisdiction thereof.