Terms of Service
Please read these Terms of Service carefully before engaging with MedLight's manufacturing, OEM, or ODM services. By placing an order or entering into a business relationship with us, you agree to be bound by the terms described below.
Acceptance of Terms
By accessing MedLight's website, submitting an inquiry, placing an order, or entering into any business agreement with MedLight (hereinafter "MedLight," "we," "us," or "our"), you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with any additional agreements, policies, or specifications referenced herein.
If you do not agree to these terms, you must not use our services or engage in any commercial relationship with MedLight.
Scope of Services
MedLight provides OEM (Original Equipment Manufacturing) and ODM (Original Design Manufacturing) services for near-infrared and red light therapy devices. Our services include, but are not limited to:
- ✦ Product concept development, engineering, and prototyping
- ✦ Tooling, mass production, and quality control
- ✦ Custom packaging and private label solutions
- ✦ Compliance support for CE, FCC, and FDA regulatory requirements
- ✦ International shipping and logistics coordination
Specific deliverables, timelines, and technical specifications are governed by individual project agreements or purchase orders entered into between MedLight and the Client.
Orders and Agreements
All orders are subject to MedLight's acceptance and confirmation in writing. A binding agreement is formed only upon MedLight's written confirmation of a purchase order or the execution of a formal project agreement.
Clients are responsible for providing accurate and complete product specifications, regulatory requirements, and market information prior to production. MedLight shall not be liable for defects or non-compliance arising from incomplete or inaccurate information provided by the Client.
Any modifications to confirmed orders must be requested in writing and are subject to MedLight's approval. Additional costs or timeline adjustments resulting from order changes will be communicated to the Client for approval before implementation.
Pricing and Payment
All prices are quoted in United States Dollars (USD) unless otherwise agreed in writing. Quoted prices are valid for the period specified in the quotation and are subject to change based on material costs, order volume, or specification changes.
Standard payment terms require a deposit prior to production commencement, with the remaining balance due prior to shipment, unless alternative terms are agreed upon in writing. MedLight reserves the right to suspend or cancel production in the event of non-payment or payment delays.
All applicable taxes, customs duties, and import fees at the destination are the sole responsibility of the Client.
Intellectual Property
All intellectual property developed exclusively for a Client under an OEM or ODM agreement--including custom designs, tooling, and branding--shall be owned by the Client upon full payment, unless otherwise specified in the project agreement.
MedLight retains ownership of all pre-existing intellectual property, proprietary manufacturing processes, technologies, and know-how. Nothing in these Terms grants the Client any rights to MedLight's underlying IP beyond what is necessary to use the delivered products.
Clients warrant that any designs, trademarks, or materials they provide to MedLight do not infringe upon the intellectual property rights of any third party. The Client shall indemnify MedLight against any claims arising from such infringement.
Quality Assurance and Compliance
MedLight implements quality control procedures throughout the manufacturing process to ensure products meet agreed-upon specifications. Products are inspected prior to shipment in accordance with the standards defined in the project agreement.
MedLight provides support for CE and FCC certification processes. While we assist with documentation and testing preparation, final certification outcomes are subject to the decisions of the relevant regulatory authorities and are not guaranteed by MedLight.
Clients are solely responsible for ensuring that products comply with all applicable laws, regulations, and standards in their target markets, including but not limited to FDA requirements in the United States. MedLight's compliance support is advisory in nature and does not constitute legal or regulatory advice.
Shipping and Delivery
Estimated production and delivery timelines are provided in good faith and are subject to change due to factors including material availability, production complexity, and logistics conditions. MedLight shall not be held liable for delays caused by circumstances beyond its reasonable control.
Risk of loss and title to goods pass to the Client upon handover to the designated carrier, unless otherwise agreed in the shipping terms. All shipping terms are governed by the applicable Incoterms as specified in the purchase order or project agreement.
The Client is responsible for providing accurate shipping addresses and import documentation. MedLight is not responsible for delays, losses, or additional costs arising from incorrect or incomplete shipping information provided by the Client.
Returns, Defects, and Warranty
MedLight warrants that products will conform to the agreed-upon specifications at the time of shipment. In the event of a verified manufacturing defect, MedLight will, at its discretion, repair, replace, or issue a credit for the affected units.
Warranty claims must be submitted in writing within thirty (30) days of the Client's receipt of goods, accompanied by supporting documentation including photographs, serial numbers, and a description of the defect. Claims submitted outside this period may not be accepted.
The warranty does not cover damage resulting from misuse, unauthorized modifications, improper storage, or normal wear and tear. Custom or bespoke products are subject to warranty terms specified in the individual project agreement.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the business relationship, including but not limited to product designs, pricing, technical specifications, and business strategies.
Confidential information shall not be disclosed to third parties without prior written consent from the disclosing party, except as required by applicable law or regulation. This obligation of confidentiality shall survive the termination of any agreement between the parties for a period of three (3) years.
Limitation of Liability
To the maximum extent permitted by applicable law, MedLight's total liability to the Client for any claim arising out of or related to these Terms or the services provided shall not exceed the total amount paid by the Client for the specific order giving rise to the claim.
MedLight shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, or reputational harm, regardless of whether MedLight has been advised of the possibility of such damages.
Force Majeure
MedLight shall not be held liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, supply chain disruptions, labor disputes, or transportation failures.
In the event of a force majeure event, MedLight will notify the Client as soon as reasonably practicable and will make reasonable efforts to resume performance. If the force majeure event persists for more than sixty (60) days, either party may terminate the affected order upon written notice without penalty.
Governing Law and Dispute Resolution
These Terms of Service and any disputes arising from them shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of law provisions, unless a separate governing law is agreed upon in writing.
The parties agree to first attempt to resolve any disputes through good-faith negotiation. If a resolution cannot be reached within thirty (30) days, disputes shall be submitted to binding arbitration in accordance with the rules of the China International Economic and Trade Arbitration Commission (CIETAC).
Amendments to These Terms
MedLight reserves the right to update or modify these Terms of Service at any time. Updated terms will be posted on our website with a revised "Last Updated" date. Continued use of our services following the posting of changes constitutes acceptance of the revised terms.
For existing project agreements, the Terms of Service in effect at the time the agreement was executed shall govern unless both parties agree in writing to apply updated terms.
Questions About These Terms?
If you have any questions, concerns, or require clarification regarding these Terms of Service, please contact our team directly. We are committed to transparent and professional business relationships.