Terms and Conditions
Delivery ex works Shrewsbury, MA (USA).
Extended retention of title is agreed upon.
Jurisdiction and place of performance: Shrewsbury, MA (USA).
The reliability of the product’s material and design at the time of shipment is guaranteed. The manufacturer does not know either the diagnosis of the patient or the nature of the application and has no influence on the conditions under which the product is used. The storage conditions after delivery of the product are also beyond the manufacturer’s area of responsibility.
Due to biological and individual differences, no product is 100% effective under all circumstances.
Therefore, the manufacturer cannot guarantee a positive effect or the absence of negative effects for product application. The medical staff must use the product on the basis of their medical training and experience, and they are responsible for correct application.
The warranty (repair or replacement) applies only if the product is used in accordance with these Instructions for Use (for instruments, particularly with regard to handling, cleaning, sterilization and maintenance); the warranty period starts on the delivery date.
If you have reason to believe that a new product is faulty, please contact the Customer Service in writing immediately and provide as detailed a description as possible of the fault, the REF (product code), and the LOT (batch code) and/or series number. All allegedly defective products must be returned to us for inspection. Instruments have to be completely cleaned and sterilized, appropriate documentation must be enclosed with the return.
If the manufacturer finds that despite all due care the product was defective at the time of delivery, he will repair the product or replace it promptly. If repair or replacement of the product is not possible, the buyer has the right to cancel the purchase or to reduce the payment, but by a maximum of the purchase price amount.
Additional claims or those not mentioned here due to defect, and other claims regardless of the legal reason, including those based on illegal acts and for compensation of immaterial damages against the manufacturer, his agents, dealers and suppliers, are excluded unless existing law is contrary to the liability exclusion, e.g. in cases of intent or gross negligence or in the event of physical injury.
All claims based on the consequences of non-compliance with the Instructions for Use, including specified indications, contraindications, warnings, instructions, application, storage and off-label use, as well as the consequences of a combination with third-party products are excluded.
Furthermore, all claims that result from the use of products that have expired, or were used despite the obvious damage to the packaging, or resterilized and/or recycled contrary to the Instructions for Use, are excluded.
No one is allowed to change the above conditions, make further warranty or liability declarations, or guarantee any properties that surpass those specified in the Instructions.