Terms and Conditions
Effective Date: July, 2020
These Terms and Conditions govern all product purchases from Milliken Medical (a Boxout, LLC company). For purposes of these terms, a "Customer" shall mean any person who purchases products from Milliken Medical, including the Applicant, the Personal Guarantor, and any other person that Applicant notifies Milliken Medical may purchase products from Milliken Medical that will be paid for by the Applicant.
1. Payment Terms
Customers with Annual Purchases Under $10,000
Payment is due at the time of shipment of order by Visa, MasterCard, Discover, or American Express.
Customers with Annual Purchases Over $10,000
Upon Milliken Medical's receipt of a signed Credit Application, Applicant may be granted open account terms at Milliken Medical's sole discretion.
- If open account terms are granted: Payment is due in full 30 days from date of invoice by electronic funds transfer or check.
- If open account terms are not granted: Payment is due at time of shipment by Visa, MasterCard, Discover, or American Express.
2. Interest on Late Payments
Payment under open account terms is required within 30 days from date of invoice.
Interest may accrue on all unpaid invoices at the rate of 18% per annum, compounded monthly, beginning on the 30th day after the date of such invoice.
3. Taxes
All prices are exclusive of taxes and governmental charges on the sale and use of the products. Unless exempt, Customer will be invoiced for all such taxes and charges.
In order to be exempt from tax, Customer must provide proof of exemption at time of order.
4. Credit Terms
Milliken Medical, in its discretion, may hold shipments and refuse to accept orders if Customer is in arrears on payment or if amount ordered is in excess of approved credit limit.
Waiver of this provision or any other term or condition by Milliken Medical for a specific order or default shall not apply to any future order or default.
5. Financial Statements
Customers requesting or maintaining a credit limit in excess of $50,000 shall furnish audited financial statements to Milliken Medical within 120 days after the end of each fiscal year.
6. Disputes
If Customer disputes any Milliken Medical invoice, it must notify Milliken Medical's accounts receivable department in writing within thirty (30) days of the date of the disputed invoice, or forever waive Customer's rights to raise the dispute.
Any shipping discrepancy must be reported within three (3) days of receipt.
7. Returns Policy
Milliken Medical will exchange or reimburse the cost of product (freight not included) for any item returned according to the following schedule:
| Return Timeframe | Restocking Fee |
|---|---|
| Within 30 days | No restocking fee |
| 31-60 days | 15% restocking fee |
| 61-90 days | 25% restocking fee |
| After 90 days | No returns accepted |
Return Requirements
All returns must meet the following criteria:
- Unopened
- Not expired
- In salable condition
- Prearranged with Milliken Medical's customer service department
Exceptions: Custom-ordered items are not eligible for return under any circumstances.
8. Non-Returnable Items
Important: For the following products, we are no longer accepting returns and all sales are final:
- Masks
- Gloves
- Thermometers
- Pulse oximeters
- Hand sanitizer
- Isolation gowns
- Face shields
- Sneeze guards
9. Governing Law and Jurisdiction
Any dispute that arises between Customer and Milliken Medical concerning these terms and conditions or any other aspect of their relationship shall be interpreted and construed in accordance with the laws of the State of Ohio without regard to conflict of laws provisions applying the laws of other jurisdictions.
Both Customer and Milliken Medical hereby irrevocably consent to the exercise of personal jurisdiction by the following courts, and agree that any lawsuit shall only be prosecuted in one of these Courts:
- U.S. District Court for the Northern District of Ohio
- Common Pleas Court of Summit County, Ohio
- Municipal Court of Stow, Ohio
Attorneys' fees and costs incurred by Milliken Medical in connection with any legal action or proceeding with respect to the collection of any invoices which are in arrears shall be the responsibility of Customer.
10. Returned Checks
Customer will be charged $20.00 by Milliken Medical for any check of Customer that is returned because of insufficient funds in Customer's account.
11. Credit Modifications
Milliken Medical reserves the right to withdraw credit terms granted to Customer or to change the credit terms and credit limits at any time at its discretion.
12. Warranty
Milliken Medical PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ON THE PRODUCTS IT SELLS TO CUSTOMER, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED.
Milliken Medical will, however, pass along to the Customer any manufacturers' warranties applicable to products not manufactured by Milliken Medical.
13. Limitation of Remedies
Customer's sole remedy, and Milliken Medical's sole liability for non-conforming goods (i.e., product that does not conform to the quantity, type or specifications ordered, or that is visibly damaged or defective) rejected as provided herein, shall be limited to:
- Replacement of the products, or
- At Milliken Medical's option, refunding the portion of the price of such non-conforming products paid to Milliken Medical
In no event shall Milliken Medical's liability for claim, loss, costs or damages relating to any products shipped, stored, sold or delivered hereunder, exceed the purchase price therefore.
Milliken Medical shall not be liable for any loss, charge or damages resulting from its inability to procure any products ordered or for delays or failure to deliver products.
IN NO EVENT SHALL Milliken Medical BE LIABLE FOR:
- Any indirect, incidental, consequential or special damages, or
- Any negligent, reckless, improper, unreasonable or unforeseeable use of any product, or any use not in accordance with the manufacturer's instructions and/or warnings
This applies in each case notwithstanding any provision of any supplement or other documents and whether arising under contract, tort, strict liability, statute or other form of action, even if Milliken Medical has been informed of the possibility thereof.
14. Order Acceptance
All orders for purchases of products shall be subject to acceptance by Milliken Medical.
The terms and conditions stated herein shall apply to all product purchases and no terms or conditions additional to or different from those stated herein, oral or written, purporting to modify these Terms and Conditions of Sale, whether contained in Customer's purchase order or elsewhere, shall be binding on Milliken Medical unless made in writing and accepted in writing by Milliken Medical.
15. HCPCS Codes
Milliken Medical does not guarantee the accuracy of the HCPCS codes and is not responsible for claims or liabilities that may result from the use of this information.
It is Customer's responsibility to consult HCPCS coding guidelines to ensure the correct codes are submitted.
16. Professional Use Products
If any product is labeled for professional use only, Customer shall:
- Not resell such product
- Cause such product to be used only by licensed professionals who satisfy all applicable training, licensing and other applicable requirements under applicable law
- Ensure strict compliance with all instructions and protocols for such use supplied or made available by Milliken Medical or the product manufacturer
Contact Us
For questions about these Terms and Conditions of Sale, please contact:
Last Updated: February 7, 2025