The following is the terms of the agreement between CONTEX Medical and the buyer (“Buyer”) of goods or services through CONTEX Medical website (the “Site”).
INTRODUCTION
Buyer agrees to the terms and conditions outlined in this Online Contract (the “Contract”) with respect to the goods, services and information provided by or through the Site or by any sales transactions be them over the phone, email, fax or in person. This Contract constitutes the entire and only agreement between CONTEX Medical and Buyer, and supersedes any and all prior agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything, and purchase of any goods or services shall be deemed acceptance of this Contract.
PRICING
Retail prices are as stated on the website. From time to time promotional and sale prices may be applied to retail prices at the sole discretion of CONTEX Medical, in volume purchase situations.
All prices are subject to change without notice due to international currency and market fluctuations. Quotes, if provided, are valid for the term printed on the quote. In the absence of a printed time term, prices may change without notice. CONTEX Medical reserves the right to accept or reject any and all purchase orders. All prices are shown in Canadian dollars.
All online orders are credit card payment only. Offline orders can be made by credit card, bank draft, cashiers cheque or money order. Product will be shipped only after payment has cleared.
SALES TAX
All orders shipped within Canada are subject to GST and PST, QST and HST when and where applicable.
SHIPPING
All orders are shipped FOB 2798-6 Thamsegate Drive, Mississauga, Ontario, Canada unless otherwise stated. From time to time, drop shipments may occur directly from a manufacturer to the customer. All rights reserved and title of merchandise transfers to the purchaser upon delivery to the carrier. Orders are shipped via Canada Post,
Shipping charges are estimated by weight, size, and final destination.
DELIVERY
The acceptance of shipment by Canada Post shall constitute a delivery to the Buyer and CONTEX Medical. shall not be responsible for merchandise damaged or lost in transit.
OUT OF STOCK ITEMS
Buyer will be notified of out of stock items as soon as possible.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through Buyer’s password. Buyer agrees to keep his or her password confidential and to notify CONTEX Medical immediately of any breach of this Contract of unauthorized use of the password. CONTEX Medical does not protect Buyer from unauthorized use of Buyer’s password.
EDITING, DELETING AND MODIFICATION
CONTEX Medical reserves the right to change, modify, add or remove portions of this Agreement from time to time and in our sole discretion. When you visit the Site, you are accepting the current version of this statement as posted on the Site at that time. We recommend that users revisit this statement on occasion to learn of any changes and prior to every new purchase.
RIGHT TO REFUSE
CONTEX Medical reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
INDEMNIFICATION
Buyer agrees to indemnify, defend and hold CONTEX Medical and its affiliates, licensors and suppliers harmless for any liability, loss, claim and expense, including reasonable attorney’s fees, related to Buyer’s violation of this Contract or use of the Site.
DISCLAIMER
THE SITE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS”, “AS AVAILABLE”, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CONTEX MEDICAL., FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. CTOMS™ INC. AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OF THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES.
RETURN, EXCHANGE, REFUND POLICY
All products manufactured or sold by CONTEX Medical may be returned in the original unused condition for a refund or exchange within thirty (30) days from the date of purchase. Contact support@contexmedical.com or call +1 (905) 677-8324.
CONTEX Medical reserves the right to refuse any return for any reason.
Shipping charges are not refundable. Return and Exchange shipping charges are the responsibility of the Buyer except in the case of warranty return due to manufacturer’s defect.
MEDICAL DEVICES REGULATIONS COMPLIANCE
All Medical Devices sold by CONTEX MEDICAL are, to the best of CONTEX Medical’s knowledge, in compliance with Canadian Medical Devices Regulations (SOR/98-282) AND holds a Medical Device Establishment License and has established procedures to ensure proper classification, labeling, storage, shipping, complaint handling and problem reporting.
PRODUCT USAGE
The uses to which the products are put are solely within the discretion and responsibility of the Buyer. It is the responsibility of the Buyer to ensure that products are used strictly in accordance with the instruction of use provided with the product. Neither CONTEX Medical Inc., nor its officers, directors, employees, agents, vendors, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential or punitive), liability, claim or other injury or cause related to or resulting from any use, whether proper or improper, of products sold by CONTEX Medical.
GOVERNING LAW
This Contract shall be treated as though it were executed and performed in Ontario, Canada and shall be governed by and construed in accordance with the laws of Ontario, Canada (without regard to conflict of law principal). Any cause of action of Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 (DISCLAIMER). The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
LITIGATION
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Ontario, Canada and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or CONTEX Medical. is in conflict or inconsistent with this Contract, this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
ACKNOWLEDGEMENT
This Contract represents the entire understanding between you, the Buyer, and us, CONTEX Medical. and your relationship with us Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, please click the “I Agree” button at checkout. If you do not agree to the terms of the Sales Terms and Policies Agreement, log off the system. If you do not click “I Agree” then you will not be able to purchase goods or services from CONTEX Medical.
