TERMS AND CONDITIONS
This website, Surgimedex.com (collectively referred to as the “Site” in these Terms of Service) is owned and operated by Global Medi Inovations (“we”, “us” or “Global Medi Inovations”). By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
Note : Rx only products are not available for online sales on “Surgimedex.com” However Global Medi inovations is licensed to distribute and sell Rx only surgical and medical products.Rx only medical/surgical products are available for offline sales either via direct contact, Email/telephonic inquiry etc. In case any Rx only product is sold via Surgimedex.com web store in future, buyer is liable to produce an “authorization to buy” document on demand by the seller i.e Surgimedex.com or Global Medi Inovations. This document can be either in the form of a business license or a doctor’s prescription. Failure to provide said authorization within communicated timelines will lead to transaction cancellation and a refund will be issued.
The general terms and conditions published below as part of this web site shall constitute the entire understanding between Global Medi Inovations(“company”) and the purchaser of company products and services whether promoted through this website or via other marketing venues such as e-mail, faxes, print media, company brochures, etc., distributed by company or its representatives outside this web site. By purchasing from company, the purchaser acknowledges that he/she has read and understood, and agree to these “terms and conditions”, unless amended otherwise for the specific purchase. Purchaser, buyer, customer or client are used interchangeably on this site and other company marketing material and shall
deem to imply the same and have the same meaning.
Disclaimer Notice
Use of all the products shown on “Surgimedex.com” website is restricted to professionals who are qualified & trained to use them. We are not liable for any damages due to improper or unauthorized usage. It is your responsibility to keep the products & packing away from the reach of unauthorized people, children & animals, and, dispose them off in an environment friendly way. You must keep proper record of your sales. This will assist product re-calls (if any).
Purchaser acknowledges and agrees that Company shall not be responsible for any damages purchaser and/or the end-user purchaser represents may incur from lost shipment during transit, delayed shipment, product failure, product design, repair failure, personal injury or from any other cause. Purchaser agrees to indemnify, defend and hold Company, its officers, employees, and agents harmless from any and all claims for damages including, but not limited to, court costs, attorney fees, loss of data, loss of income, loss of profits arising or alleged to have risen out of
Company sale of goods and services forming part of the agreement and caused in whole or part by Company negligent. In the event that the purchaser shall bring any suit, cause of action, claim or counterclaim against Company to the extent that Company shall prevail in such suit, cause of action, claim or counterclaim, the party initiating such action shall pay to Company the costs and expenses incurred by Company to answer and/or defend such suit, cause of action, claim or counterclaim, including attorney fees, court costs, witness fees and all other related
expenses. Notwithstanding other provisions, both the purchaser and Company agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of, or related to this agreement.
All disputes are subject to New Delhi Jurisdiction.
Binding Agreement
Company Proposal, Sales Order, Repair Estimate Form, and any other purchase forms accepted by purchaser, in addition to the general terms and conditions indicated below, shall constitute the sole and entire agreement between Company and purchaser and are the only basis upon which Company offers to sell goods and services, unless otherwise agreed to in subsequent written agreement signed by a duly authorized representative of Company. Purchaser’s terms and conditions and/or Purchase Order shall be of no effect to the extent they are inconsistent with or in addition to any provisions in the entire agreement, and not withstanding anything to the contrary in purchaser’s Purchase Order, by paying the invoice, purchaser accepts all of Company terms and conditions set forth herein.
Eligibility to Purchase (For Rx only products – only offline sales)
By buying our products and services via this site or by direct inquiry, Purchaser acknowledges and represents that he/she is eligible to purchase, and licensed to use medical equipment purchased from Company for his/her Own use, and/or Purchaser is authorized to purchase said equipment on behalf of another person or entity legally eligible to purchase and licensed to use them. Purchaser is responsible for compliance verification from government agencies having jurisdiction to determine his/her eligibility and/or of end-user he/she represents for the purchase
and use of said equipment prior to entering into a purchase agreement with Company or its authorized representatives. Purchaser agrees to release, hold harmless and waive any and all claims, causes of actions, damages (including consequential damages and/or loss of use) or liabilities of any kind or nature against Company, which may arise as a result of failure by purchaser and/or end user the purchaser represents to comply with local eligibility requirements.
Eligibility to Purchase (For non Rx only products – online and offline sales)
The buyer must be 18 years of age. The Medical/surgical products available for online sales must be used by a trained professional or under direct supervision of a medical physcian.Purchaser also acknowledges the fact that Surgimedex.com and Global Medi Inovations are not liable for any damages due to improper usage. It is your responsibility to keep the products & packing away from the reach of children & animals, and, dispose them off in an environment friendly way. You must keep proper record of your sales. This will assist product re-calls (if any). All
disputes are subject to New Delhi Jurisdiction.
Inspection and Delivery Acceptance
All sold equipment is carefully packaged for shipment by trained Company personnel prior to transit, and should be thoroughly inspected by customer upon receipt. Failure to reject any delivery upon receipt shall constitute acceptance by customer of the delivery and shall be deemed a waiver of any other right to reject or revoke acceptance, except as allowed for in clauses below
Customer Satisfaction and Returns
If purchaser is not satisfied with the stated quality of purchased medical equipment pursuant to customer’s acceptance of delivery, Company will, at customer’s option, replace the said equipment with another of the same make and model, or issue a credit towards the customer’s account of an amount equal to the returned equipment purchase price, provided equipment is returned unused and with the same original containers and packing materials within Five (5) business days of the date and time first attempted delivery for local customers, and within Ten (10) business days of the date and time first attempted delivery for international customers. Should customer decline the replacement option within the stated time limitation, Company will refund, in the form of same payment method, the said credit provided that the customer send the product back to us in original unused condition. Should Company fail to provide the said replacement within two weeks from customer’s notification, Company will refund the customer full credit of an amount equal to the original purchase price. Item(s) must be physically at Company facility to qualify for one-to-one replacement. Customer must obtain a Return Merchandise Authorization (RMA) from Company for all returns. Non-authorized returns will not be accepted and will be returned to customer.
Product Pictures and Description
All Product pictures are for representation purposes only and should not be construed as true to life, and true to scale images. Colours may vary wherever applicable. Subtle changes maybe there in the delivered product as product updates and revisions are introduced. Expiry Dates if any shown in the images are also not to be taken as an accurate measure of shelf life for the product that shall be delivered. For all related queries/pre purchase questions/queries, customers may contact us via e-mail or phone. Our Team shall tend to all queries on Best-Effort basis.
Fraud Prevention Policy
This policy applies to transactions with value over USD 2000, completed via credit/debit cards or via net banking facility provided on Surgimedex.com
As part of this policy the buyer agrees to comply with our verification process in which he/she will be asked to provide a scanned copy of his/her id proof(driving license, passport or other similar govt. issued document) . The address and name on ID proof must match with the order details.
Failure to comply will force us (Surgimedex.com and Global Medi Inovations) to cancel the transaction and refund accordingly.
Liability Limits
The Purchaser, whether the end-user or representative of an end-user, entering into this agreement with Company agrees to limit Company total liability to him or herself and to all parties purchaser may represent, on this sale such that the total aggregate liability of Company to all those named shall not exceed the invoice value of goods or services rendered. The purchaser further agrees to require of all the party(ies) purchaser may represent an identical limitation of Company liability for damages suffered by same arising from, but not limited to, Company
errors, omissions, negligence, strict liability, or breach of contract or breach of warranty.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Shipping and Delivery Charges
Not withstanding any other provision to the contrary, purchaser shall be responsible for the freight charges to and from destination country for equipment purchases, equipment replacement or exchanges, warranty and non-warranty returns, or repair services. When returning an item for warranty purposes, exchange/replacement or repairs, customer shall return such items with proper insurance value placed on them. In the event of loss or damage to shipment, Company will assist the customer in processing the claim with the shipping carrier, and will immediately refund the
exact claim value to customer upon its receipt from insurance carrier, unless directly advanced to the customer. Company shall not be held responsible for loss of or any damages incurred to any item during shipping to Company facility caused by customer’s failure to secure proper insurance on said item(s).
Taxes
Prices do not include applicable sales, excise, value added tax or other taxes, custom duties, custom broker charges or any other similar charges or fees in effect or hereafter levied which Company may be required to pay or collect and all applicable duties and taxes, whether or not expressly set forth herein or in any of the other contract documents attached herewith. Purchaser shall promptly pay for such costs to Company upon demand
Order Cancellation
Buyer may cancel the order anytime till the order is not shipped or within 48 hrs of placing an order, whichever is earlier. For cancelling an order simply send an email at [email protected]
Severability
If any of the provisions contained in this document or other documents forming part of the agreement between Company and purchaser should for any reason be held to be illegal, invalid, or unenforceable in any respect, such illegality, invalidity, or un-enforceability shall not affect any other of the terms and conditions hereof and the terms and conditions hereof shall thereafter be construed as if such invalid, illegal, or unenforceable terms and conditions had never been contained herein.
Binding Effect
All agreements, covenants, warranties, and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, successors, assigns, administrators, and personal representatives.
Sole and Absolute Discretion
Notwithstanding anything herein to the contrary, whenever Company is entitled to exercise its “sole and absolute discretion”, such discretion may be exercised by Company for any reason or for no reason, whether such discretion is arbitrary, uncontrolled or unreasonable. Company exercise of its “sole and absolute discretion” shall be final and shall not be subject to appeal or be subject to adjudication by a court of law, arbitration, mediation, or otherwise.
Waiver of Breach
Either party may specifically waive any breach of the terms and conditions hereof by the other party, but no waiver specified in this paragraph shall constitute a continuing waiver of similar or other breaches of terms and conditions hereof. A waiving party may at any time upon written notice to the breaching party, direct future compliance with the waived terms and conditions hereof, and the breaching party shall thereafter comply as directed from such time forward. All remedies, rights, undertakings, obligations, and agreements contained herein shall be cumulative and not mutually exclusive.
Intellectual Property
You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
Third-party Sites
The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by Surgimedex.com or Global Medi Inovations.
Modifications to this Agreement
Global Medi Inovations reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use
Global Medi Inovations shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
Disclaimer of Warranty
You expressly agree that use of the Site is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, whether express or implied. Global Medi Inovations makes no warranty that (I) the Site and content or information will be uninterrupted, timely, secure or error-free, (II) the results that may be obtained from use of this Site will be effective, accurate or reliable. The Site may include technical mistakes, inaccuracies or typographical errors. Global Medi Inovations reserves the right to change the Site content and information at any time without notice.
Limitation of Liability
In no event shall Global Medi Inovations or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus these limitations may not apply to you.
Governing Law
Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be subject to Delhi jurisdiction only.
COVID-19/ SARS COV2 PANDEMIC RELATED TERMS (EFFECTIVE FROM 30-04-2020 AND Supersedes all related terms/conditions/offers/assurances mentioned before in this agreement):
COVID-19 PANDEMIC RELATED IMPORTANT INFORMATION TO USERS/GUESTS/CUSTOMERS/BUYERS, Dated 30-04-2020 :
We are forced to make following changes due to increased costs of operations, shipping and handling of materials.
1) Surgimedex is Temporarily withdrawing free shipping offer on orders valuing above Rs.5,000/- (excl. GST).
2) Revised and Increased shipping charges are in effect. Please check the cart and checkout page before placing the order for revised shipping charges.
3) Shipping charges for all orders placed on or after 30th April 2020 will be non refundable in case of a cancellation or return (after an order is marked as complete and AWB no.provided to user via e-mail/SMS).
We continue to monitor the situation and hope to return back to normal shipping charges and refund terms which were being offered during pre-covid/ pre-lockdown time. In case of any concern please e-mail us at [email protected]