Terms

  • All invoices are net 30 days.
  • ACE SOUTHERN reserves the right to assess a late charge of $25.00 on accounts past due.
  • For inquiries on your account, please call our Accounting Department Toll Free 1-800-455-8500 8am - 7pm EST or contact them by email: info@acesouthern.com.
  • Due to manufacturer policies, prices, discounts and/or product information are subject to change without notice.
  • Items on long term backorder due to manufacturer supply are subject to cancellation.

Payment

  • We accept checks, Visa, MasterCard, Discover, and American Express for payment.
    Statements
  • Statements are mailed monthly. Please contact our Accounting Department Toll Free at 1-800-455-8500 8am - 6pm EST or by email: info@acesouthern.com, if you have any questions regarding monthly statements.

Controlled Substances Ordering

  • The Drug Enforcement Administration requires a copy of your current Federal DEA registration certificate to be on file prior to shipping controlled substances.
  • Federal Law requires a properly completed DEA Form 222 for all Class II Pharmaceuticals. Shipment of Class II Pharmaceuticals cannot be made until this form has been received. Improperly completed forms, or forms with alterations, will be returned. In lieu of using the DEA Form 222, orders may also be placed using our electronic 222 process.
  • Regulations require us to limit the sale of Rx and controlled substances only to registered, licensed healthcare professionals. If you are a new customer or have recently moved, please furnish us with a copy of your updated state and federal registrations verifying your shipping address. Please note that all orders for controlled substances are subject to a due diligence review process. Schedule II controlled substances can be ordered electronically or by mail. For more information on our Controlled Substance Ordering System please visit https://e222.acesouthern.com; if you prefer to continue using Federal 222 Forms to order Schedule II controlled substances, mail the form to: ACE SOUTHERN • One Southern Court • West Columbia, SC 29169
  • ACE SOUTHERN restricts the sale or other transfer of medications to prisons/correctional facilities for use in lethal injections, based on our manufacturer agreements. The goods ACE SOUTHERN sells are intended to be used for their label-approved purposes or applicable standards of care, which do not include human lethal injection.

Warranties

  • ACE SOUTHERN will pass through to the customer, at the time of sale, any transferable product warranties, indemnities and remedies provided to ACE SOUTHERN by the applicable manufacturer. EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, SOUTHERN ANESTHESIA & SURGICAL PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND THE CUSTOMER SHALL LOOK TO THE MANUFACTURER OF THE PRODUCT FOR ANY WARRANTY THEREON.

Limitation of Liability

  • THE CUSTOMER AGREES TO LOOK SOLELY TO THE MANUFACTURER OF THE PRODUCT FOR ANY CLAIM ARISING DUE TO LOSS, INJURY, DAMAGE OR DEATH RELATED TO THE USE OR SALE OF PRODUCTS. ACE SOUTHERN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND LOSS OF GOODWILL, ARISING FROM OR RELATING TO ANY BREACH TO THIS AGREEMENT (OR ANY DUTY OF COMMON LAW, AND WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF ACE SOUTHERN OR ITS AFFILIATES), REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

Shipping

Order by 2:30pm EST and all in stock items will ship the same day (excluding weekends and federal holidays).

All orders are subject to shipping charges which may include:

  • Minimum order fee
  • Hazardous material and refrigerated product fees
  • Excessive weight fee
  • Express shipping charge
  • Order handling fee

Return Policy

If you are not satisfied with your purchase, contact our Customer Service department within 30 days of purchase at 800-624-5926. All returned products require a return merchandise authorization, RMA. Returns will not be accepted without this number.

  • Products must be in saleable condition. Product that has been opened, used, written on or otherwise tampered with is not considered to be in saleable condition.
  • Returns are subject to a restocking fee.

Please Note the Following Items are Non-Returnable:

  • Refrigerated and hazardous items
  • Equipment
  • Narcotics and controlled substances
  • Non-stock items

Backorders

  • Backorders older than six (6) months will be cancelled automatically.
  • For questions regarding expired backorders, please contact customer service at 800.624.5926.

Damages/Shortages

  • Claims for missing or damaged items must be reported within 48 hours of receipt.
    Retain all packing material, boxes, and packing slips.
  • Before reporting missing items, please examine the packing material. Occasionally product is lodged in the foam.

Arbitration

  • All Claims related to or arising under or relating to this Agreement are to be exclusively and finally determined by binding arbitration in the state of New York, or another location mutually agreeable to the parties. Any and all Claims must be arbitrated on an individual basis, and there shall be no right or authority for any Claims or disputes to be arbitrated on a class action or collective basis. For avoidance of doubt, each party irrevocably waives any right to: (i) have any Claim resolved in connection with any class action or collective action, or (ii) recover any damages or relief directly or indirectly as part of any class action or collective action. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, or if applicable, under its Procedures for Large, Complex Commercial Disputes. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the disputed subject matter and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be or has been at any time employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. To the extent that any Claim or dispute is determined to not be subject to arbitration, all other Claims or disputes that would otherwise be subject to arbitration must be arbitrated. As used in this Agreement, “Claims” shall mean any and all liabilities, disputes and expenses whatsoever including, without limitation, claims, adversary proceedings (whether before a court, administrative agency or any other tribunal), damages (whether compensatory, multiple, exemplary or punitive), judgments, awards, penalties, settlements, investigations, costs, responses to subpoenas or other governmental directives and reasonable attorneys’ fees and disbursements with respect to any claims that may be sustained, suffered or incurred by a Party hereto.

Discounts, Rebates, and Disclosures

Invoice or statement prices may reflect or be subjected to a bundled discount or rebate pursuant to purchase offer, promotion, or discount program. You must fully and accurately report to Medicare, Medicaid, Tricare and/or any other federal or State program, upon request by such program, the discounted price(s) or net price(s) for each invoiced item, after giving effect to any applicable discounts or rebates, which price(s) may differ from the extended prices set forth on your invoice. Accordingly, you should retain your invoice and all relevant information for your records. It is your responsibility to review any agreements or other documents, including offers or promotions, applicable to the invoiced products/prices to determine if your purchase(s) are subject to a bundled discount or rebate. Any such discounts must be calculated pursuant to the terms of the applicable purchase offer, promotion, or discount program. Participation in a promotional discount program is only permissible in accordance with discount program rules. By participation in such program, you agree that, to your knowledge, your practice complies with the discount program requirements.

SCOPE
These Legal Terms and Conditions apply to the entire ACE SOUTHERN web site and all portions of the site contained therein (excluding links to other web sites as provided below).  These Legal Terms and Conditions shall apply to any future portions of the ACE SOUTHERN web site (excluding links to other web sites as provided below) unless otherwise stated.

USE OF THIS WEB SITE
Use of this web site and access to the material it contains is subject to the following Legal Terms and Conditions as well as to applicable laws. Your access to and browsing of this web site constitutes your full acceptance of these Legal Terms and Conditions.  We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check the Legal Terms and Conditions periodically for changes. Your continued use of this site following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you will not use the web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.  You may not use the web site in any manner that could damage, disable, overburden, or impair any ACE SOUTHERN server, or the network(s) connected to any ACE SOUTHERN server, or interfere with any other party's use and enjoyment of the web site. You may not attempt to gain unauthorized access to any computer systems or networks connected to any ACE SOUTHERN server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the web site. ACE SOUTHERN makes no representation that the web site is appropriate or available for use in locations outside the United States, and accessing the web site from territories where such content is illegal is prohibited. Those who choose to access this web site from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.

SECURITY
You are responsible for maintaining the confidentiality of your logon information, and are fully responsible for all activities that occur under your password or user name.  You agree (a) to immediately notify ACE SOUTHERN of any unauthorized use of your password or user name or any other breach of security, and (b) to ensure that you exit from your account at the end of each session.

LINKS TO OTHER WEB SITES
This web site may contain links to other web sites not owned or managed by ACE SOUTHERN or its affiliates.  ACE SOUTHERN provides such links solely for the convenience of our visitors.  ACE SOUTHERN is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by ACE SOUTHERN. The inclusion of links to such sites does not imply approval or endorsement of the site by ACE SOUTHERN or any association with its operators.  We urge you to read the terms of use policies on linked web sites before utilizing their products or services as ACE SOUTHERN is not responsible for these areas.

PROPRIETARY RIGHTS
Copyrights. ACE SOUTHERN is the owner or licensee of all copyrights in and to the content on this web site, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this web site; and (ii) the design, selection and arrangement of this web site. All rights reserved.

Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this web site and the materials provided hereon for the purpose of obtaining and reviewing your account information.  Specifically, you are granted permission to view or download a single copy of the material on the web site solely to access our services, place orders, and review your account information.  When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose than that expressly permitted herein. Ownership of all such content shall at all times remain with ACE SOUTHERN or its licensors.  ACE SOUTHERN and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this web site for any purpose not expressly authorized herein without the prior written permission of ACE SOUTHERN or its licensors is forbidden.

Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the “Marks”) are the sole property of ACE SOUTHERN, GeoTrust EV or other third parties that have granted ACE SOUTHERN the right and license to use such Marks. Nothing contained on this web site should be construed as granting any license or right to use any such Marks without the written permission of ACE SOUTHERN or such third party that may own the Marks displayed.

Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this web site by you and all information provided by you in any manner consistent with our Privacy Statement.  Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.

TYPOGRAPHICAL OR OTHER ERRORS
While ACE SOUTHERN takes reasonable care and skill to provide information which is accurate and up to date when first included on the web site, typographical and other errors may nevertheless occur.  ACE SOUTHERN does not undertake to update or correct such information and reserves the right to modify, delete and rearrange any or all of the contents of this web site at any time without notice to you. While ACE SOUTHERN makes reasonable efforts to prevent unauthorized tampering with the web site, ACE SOUTHERN does not guarantee that its efforts will always be successful. Therefore, as set below, ACE SOUTHERN does not warranty that the web site materials will be error-free and disclaims any liability for such errors.

DISCLAIMER OF WARRANTIES
ACE SOUTHERN MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE.  ACE SOUTHERN PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE LEGAL TERMS AND CONDITIONS, AT THE WEB SITE WITHOUT NOTICE. FURTHER, ACE SOUTHERN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEB SITE.  ACE SOUTHERN SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE.  YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS SITE.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

ACE SOUTHERN makes no representation that the web site or its contents are appropriate for use in every country of the world.  Your use of this web site is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to the web site may not be legal by certain persons or in certain jurisdictions.

Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.

LIMITATION OF LIABILITY
Use of the ACE SOUTHERN web site or any software application installed by you in connection with the use of this web site, is at your sole risk.  While ACE SOUTHERN makes reasonable efforts to ensure the safety and functionality of our web site and any software applications associated with its web site, these efforts may fail and errors may occur.  IN NO EVENT SHALL ACE SOUTHERN OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS SITE OR ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE CONTENT PROVIDED AT THIS WEB SITE ON ANY WEB SITE RELATED TO ANY THIRD PARTY), OR ANY SOFTWARE APPLICATION INSTALLED IN CONNECTION WITH THE USE OF THIS WEB SITE OR USERS’ INABILITY TO USE THE CONTENT CONTAINED IN THIS WEB SITE (OR ANY OTHER WEB SITE), ON ANY THEORY OF LIABILITY.  ACE SOUTHERN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS SITE.  THESE WAIVERS APPLY EVEN IF ACE SOUTHERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ACE SOUTHERN’S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ACE SOUTHERN FOR ACCESSING THIS WEB SITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEB SITE.  OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE.  Some states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.

FORWARD LOOKING STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY ACE SOUTHERN OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND AVAILABLE THROUGH ACE SOUTHERN’S WEBSITES MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.  THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS “MAY,” “COULD,” “EXPECT,” “ANTICIPATE,” “INTEND,” “BELIEVE,” “PLAN,” “ESTIMATE,” “FORECAST,” “PROJECT,” “ANTICIPATE,” OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF.  THE COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN.  THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF MANAGEMENT.  ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE. FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED UNDER "RISK FACTORS" DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.

INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless ACE SOUTHERN and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use, misuse of this site or use of any software application associated with the use of this web site.

TERMINATION
ACE SOUTHERN shall have the right immediately to terminate this agreement with you and your use of the web site if it determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which ACE SOUTHERN determines in its sole discretion to be unacceptable.

CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of New York, without regard to such state's rules regarding conflicts of laws. By accessing this web site, you agree that courts located in the Eastern and Southern Districts of New York or in the counties within those federal judicial districts shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.

RECORDS
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, ACE SOUTHERN records shall be conclusive in all respects.

INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and ACE SOUTHERN with respect to this web site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ACE SOUTHERN with respect to this site. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Last Updated:  June 8, 2022