These Qosmedix Terms and Conditions (the “TAC”) are between Qosmedix, a division of Qosina Corp. (“Qosmedix”) and you as a recipient of a Qosmedix component catalog (the “Catalog”) and/or as an end user of the Qosmedix web site located at www.qosmedix.com (or any successor site) (the “Site”). By accessing the Site, sending information to Qosmedix or ordering Products or services from Qosmedix via any method (e.g., phone, fax, email, mail or through the Site) you agree to be bound to the TAC. If you do not agree with any term in the TAC, your sole recourse is to discontinue your use of the Site and/or the Catalog. Changes in law or changes in Qosmedix’s business may require changes to be made to the TAC from time to time, so Qosmedix encourages you to review the TAC periodically for any such changes. Your continued use of the Site or Catalog or the placement of orders following the posting of any changes in the TAC constitutes your binding acceptance of such changes or modifications.
Qosmedix offers the items described in the Catalog and on the Site (the “Products”) for sale at the prices set forth in the Catalog or on the Site, as applicable (subject to revision of such prices by Qosmedix from time to time). No document issued by you attempting to negate or otherwise modify the terms of the TAC, including any purchase order or request for proposal, shall be binding upon Qosmedix and instead the TAC, including any special terms and conditions set forth separately by written agreement shall exclusively govern the sale of products and provision of services to you by Qosmedix.Qosmedix ships Products and provides services in accordance with the specifics of your purchase order. Unless otherwise set forth in your purchase order, all items purchased from Qosmedix are made pursuant to a “shipment contract” which means that the risk of loss and title for such items pass to you upon Qosmedix’s delivery to the carrier (FOB carrier). If, after delivery and inspection, you determine that the Products or services do not conform to your specifications and are, therefore, unacceptable, please notify us immediately. Qosmedix will either replace the rejected Products, or issue a credit therefore, at Qosmedix’s option, as the exclusive remedy. WARNING: You must determine fitness of Products for use. Exposure of Products to other materials, chemicals, sterilization or temperature extremes may cause changes in material from which the Products are manufactured, which may make the Products unsuitable for use. Some Products contain latex, which may cause allergic reactions in some individuals. QOSMEDIX DISCLAIMS ANY RESPONSIBILITY FOR THE FOREGOING. You assume all liability and responsibility for selection and use of Products by you and/or by any third party that purchases or receives the Products (or products incorporating the Products) from you or your transferees, and Qosmedix is not and shall not be liable or responsible in any way for any such selection or use. The Products are intended only for further manufacturing or assembly and are not for sale directly to hospitals, physicians, pharmacists, or other end users. You agree to use any Products purchased from Qosmedix in a safe manner, and in accordance with the applicable governmental rules and regulations.
The Site is provided as a service to you and is intended to provide general information about Qosmedix and its Products and services. Qosmedix reserves the right to delete, modify, or supplement the content of the Site at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information in the Site.
Linked Sites. Any links or references to other Internet sites ("hyperlinks") contained on the Site are provided by Qosmedix merely as a convenience to users of the Site, and Qosmedix is not responsible for the content or operation of any such linked sites. Any hyperlinks to such linked sites should no way be construed as an endorsement, representation(s) or promotion by Qosmedix as to the content, representations, accuracy, products or services found or otherwise described in such linked sites. Use of these linked sites is done at your own risk.
Applicable Laws. The Site contains information about products that may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product, which is not authorized, by the laws and regulations of the country where the reader resides.
Copyright. All contents of the Site, including all documents, graphics, logos, images, sounds, or other binary files, are copyrighted by, and are the exclusive property of, Qosmedix. Permission to print or otherwise distribute all or a portion of the Site is granted, provided that (1) a legend is affixed to any copies so printed or distributed, that the information contained therein is the sole property of Qosmedix; (2) a copyright notice stating “Copyright ©2010 by Qosmedix Corp. All rights reserved.” appears on all copies; (3) the use of the information is for non-commercial or personal information use only; (4) the information is not modified in any manner; and (5) no graphics from the Site are used separately from the accompanying text.
Trademarks. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g., all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Qosmedix unless otherwise noted. The Marks on the Site are variously protected by the laws of the United States and other countries of operation foreign to the United States. No use of any of these Marks may be made without the prior, written authorization of Qosmedix, except for the sole purpose of identifying the products or services originating from Qosmedix.
Submissions: No confidential relationship shall be established in the event that you make any oral, written, or electronic response to Qosmedix (e.g. feedback, questions, comments, suggestions or ideas). Qosmedix shall be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing of goods or services. The sender of any information to Qosmedix is fully responsible for its content, including its truthfulness and accuracy.
NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, CATALOG DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY QOSMEDIX, YOU SPECIFICALLY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN YOUR APPLICATIONS. If a Product offered by Qosmedix is not as described, your sole remedy is to return it in unused condition pursuant to the Return Goods Policy. You agree to follow any instructions for use that accompany the Products.
In no event shall Qosmedix be liable to you or to any third party for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if Qosmedix has been advised, knew, or should have known of the possibility of such damages, arising out of or related to (i) your use of or reliance on the Site or Catalog, or any information, hyperlinks or content contained therein, (ii) your provision of information, personal or otherwise, to Qosmedix, (iii) the provision of Products or services by Qosmedix, (iv) acts or negligence on the part of Qosmedix, its agents or employees, or (v) your use of any Products. In purchasing Products or services from Qosmedix, you expressly release and discharge Qosmedix from all such causes of action or damages. Without limiting the foregoing, in no event shall Qosmedix be liable to you for more than the purchase price of any Products purchased by you from Qosmedix.
QOSMEDIX DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE CATALOG, THE PRODUCTS OR QOSMEDIX’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY QOSMEDIX, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. NO ADVICE OR INFORMATION GIVEN BY QOSMEDIX, OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER. THE SITE AND CATALOG, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINED THEREIN, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE.
The TAC and any sales thereunder shall be governed by the laws of the state of New York, without regard to its conflict of laws rules. Any dispute relating in any way to your use of the Site or Catalog or any Product or services sold or distributed by Qosmedix shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts. If any portion of the TAC is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal portions shall be deemed severable and not affect the remainder of the TAC. You hereby waive any and all rights to bring any claim or action against Qosmedix related to the Site, Catalog or TAC in any forum more than one (1) year after the date on which such claim arises.
Please e-mail the Webmaster with any concerns regarding the TAC or the contents of this Catalog or Site: email@example.com.
The TAC was last updated on January 27, 2016.