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Web Site Conditions of Use
This web site ("site"), its entire contents, all web
pages found within this site, and the materials and information
on this site are provided by Surgical Repairs International (SRI)
and may be used for informational purposes only. By using this site,
you (User) represent that you have read and understand these terms
and conditions and agree to be bound by these terms and conditions.
Furthermore, by using this site, you represent that (i) you have
the capacity to be bound by these terms and conditions and (ii)
if you are acting on behalf of a company or other entity, you have
the authority to bind such company or entity.
SRI USES REASONABLE CARE AND DILIGENCE IN PROVIDING INFORMATION
AND MANUFACTURING REPLACEMENT PARTS. SRI DOES NOT, HOWEVER, GUARANTEE
THE ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED OR THE
QUALITY, MERCHANTABILITY, OR FITNESS OF THE PRODUCTS SOLD. INFORMATION,
MATERIALS AND REPLACEMENT PARTS ARE PROVIDED ON AN "AS IS"
“WHERE IS” BASIS WITH ALL FAULTS LATENT AND PATENT AND
WITH NO WARRANTY, EXPRESS OR IMPLIED, AND ANY AND ALL SUCH WARRANTIES
ARE HEREBY DISCLAIMED. SRI ASSUMES NO LIABILITY FOR ANY LOSS, DAMAGE
OR EXPENSE FROM ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED
OR THE QUALITY, MERCHANTABILITY OR FITNESS OF THE REPLACEMENT PARTS
SOLD, OR NEW OR PRE-OWNED PRODUCTS, WHETHER ARISING IN CONTRACT,
TORT OR OTHERWISE. ANY AND ALL CUSTOMERS OF SRI, OR ANY OF THEIR
SUBSIDIARIES, AFFILIATES, OR DIVISIONS, ARE SOLELY RESPONSIBLE FOR
AND ASSUME ALL LIABILITY IN CONNECTION WITH THE USE AND RELIANCE
UPON THE INFORMATION, MATERIAL AND REPLACEMENT PARTS AVAILABLE HEREIN
AND FOR MAINTAINING SECURITY OF ANY PASSWORD SELECTED OR FOR ANY
PERSONAL INFORMATION DISCLOSED HEREIN OR FOR THE USE OF ANY OF THE
SERVICES AVAILABLE HEREIN.
THIS SITE IS PROVIDED "AS IS". SRI DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND
FREEDOM FROM ERRORS, VIRUSES, AND BUGS (INCLUDING THE MILLENNIUM
OR YEAR 2000 BUG), OR OTHER HARMFUL COMPONENTS.
Privacy Policy
SRI is concerned about your right to privacy. We attempt to help
you maintain control over your personal data while fostering the
growth of a more interactive environment by use of the internet.
In a few areas on www.srirepairs.com and other SRI web
sites, SRI will ask you to provide information that will enable
SRI to enhance your visit or follow up with you after your visit
or after you purchase products or information from SRI. SRI requests
the following information when a User:
- Registers with SRI
- Purchases products from SRI
- Submits feedback on www.srirepairs.com
In these instances, SRI will ask for the User’s name, e-mail
address, and other appropriate personal information that would be
necessary to register with SRI, to purchase products from SRI, and
to utilize other services or offers made by SRI. The information
provided to SRI will be kept confidential by SRI and will be used
only to support User’s customer relationship with SRI. When
provided with personal information such as name, address, phone
number, and company name, SRI will not sell this information to
any outside company for any use other than such uses as relates
to your business relationship with SRI. SRI will use commercially
reasonable efforts to maintain the confidentiality of your information
but SRI does not guarantee the confidentiality of such. SRI will
comply with any order, directive or demand regarding the disclosure
of information issued by any governmental or quasi-governmental
court, agency or bureau with jurisdiction.
Terms and Conditions
THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE "CUSTOMER'S")
RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT
MAY APPLY TO YOU. The following terms and conditions shall apply
to all orders by Customer through this web site for the purchase
of new products, replacement parts, and used equipment, and related
products ("Supplies") from SRI. By accepting delivery
of the Supplies, Customer agrees to be bound by and accepts these
terms and conditions. These terms and conditions shall apply unless
Customer and SRI have signed a separate Agreement covering the purchase
of the Supplies in which case the separate agreement shall govern.
1. License
Under this agreement between the User and Surgical Repairs International
(“SRI”), "User" shall mean the person or
entity who uses or is authorized by such person or entity to use
www.srirepairs.com, so long as such user agrees to be bound to
the terms and conditions hereof.
a. SRI hereby grants to User a revocable,
temporary, limited, nonexclusive right and license to use www.srirepairs.com
on any computer controlled by User. www.srirepairs.com allows
the User to (1) to place orders for SRI goods and services ("SRI
Services") and (2) to access SRI product information provided
locally or through use of on-line connections ("Information").
SRI reserves all rights not expressly granted to User.
b. User acknowledges that the Information
includes valuable and proprietary property of SRI or third parties
who have contributed to www.srirepairs.com. The Information
is licensed by SRI to User for User's limited personal use in
conducting User’s internal business affairs and in placing
orders from SRI. Consistent with the foregoing limitation, User
may copy, print, and use portions of Information for its limited
personal use in conducting User’s internal business affairs
and in placing orders from SRI. If User wishes to use the Information
in a manner not expressly permitted by this Agreement, User
may request permission from SRI by giving to SRI a written description
of the intended use and such other information as SRI may request.
Permission may only be granted in writing by SRI and may be
granted or withheld by SRI in its sole and absolute discretion.
2. Taxes, Duties, Tariffs, Insurance.
User shall be responsible for any charges for SRI Services incurred
through use of any password User adopts, any customer identification
number assigned to User, and any order User places with SRI, unless
such charges result from SRI’S error. In addition, User
shall be solely liable for any shipping, handling, taxes, duties,
tariffs, Insurance charges, etc. of a similar nature, if any,
that may be due on account of User's use and/or purchase of SRI
Services. All invoices shall be payable in accordance with SRI's
standard order, billing, and collection policies.
3. Payment. Payment is due and payable from
the date of invoice.
4. Returns. Except for special orders and non-catalog
items, SRI shall accept returns of Supplies if in resalable condition
and if made within 10 days of original shipment. For returns of
special orders and non-catalog items, SRI shall accept returns
on a case-by-case basis.
5. Not Sale for Resale. User agrees and represents
that it is buying for its own internal use only, and not for resale.
6. Termination
SRI may terminate the license granted under this Agreement and
may terminate the business relationship with User via www.srirepairs.com
or otherwise, at any time and for any reason in SRI’s sole
and absolute discretion. Upon termination of this Agreement, User
shall no longer be permitted to use www.srirepairs.com. Termination
for any reason shall not affect SRI's entitlement to and ability
to collect any undisputed sums due for SRI Services ordered, sold
and/or performed prior to such termination.
7. Indemnity
User shall defend, indemnify and hold harmless SRI from and against
any and all third party claims, actions, causes of action, liabilities,
damages, costs and expenses, including reasonable attorneys' fees
and court costs, arising from User's use of www.srirepairs.com.
The foregoing indemnity shall not apply in the event of SRI’s
gross negligence or willful misconduct.
8. Mutuality. All debts and obligations of
SRI and User to each other are mutual and subject to setoff; for
purposes of this sentence, SRI and User shall be deemed to include
each of the parties' respective subsidiaries and affiliates which
directly or indirectly control or are controlled by such party
through 100% equity ownership.
9. Reservation of Rights. SRI reserves the right
to change at any time without notice these terms and conditions
of sale.
10. Ownership of Materials.
Except as otherwise indicated, this site and its entire contents
(collectively, the "Materials"), including, but not
limited to, the text, information, material, software and graphics
contained on this site, are either owned or licensed by SRI. The
Materials are protected by copyright, trademark and other intellectual
property laws and treaties. SRI makes no proprietary claim to
any third party names, trademarks or service marks appearing on
this site. Any third party names, trademarks, and service marks
are the properties of their respective owners. Except as provided
in the next sentence, the Materials may not be copied, reproduced,
modified, published, uploaded, downloaded, posted, transmitted,
or distributed in any way, without SRI's prior written permission.
You are hereby authorized to view, copy, and print the Materials
for your personal, informational, non-commercial, internal use
only. Any copy of the Materials or portion thereof must include
the copyright notice. You may not (i) modify the Materials or
use them for any commercial purpose, or any other public display,
performance, sale, or rental, (ii) decompile, reverse engineer,
or disassemble software materials, (iii) remove any copyright
notice or other proprietary notices from the Materials, or (iv)
transfer the Materials to another person. By posting a message
or contributing in anyway to this site, including, but not limited
to, sending comments and e-mail to this site, you expressly grant
SRI the right to use in any way, copy, republish or sell your
message or other contribution as part of its property. SRI reserves
the right to change, update, discontinue, restrict, or prevent
access to this site or the Materials at any time without notice.
11. Assignment
www.srirepairs.com may not be temporarily or permanently transferred
or assigned to anyone without the prior written consent of SRI,
which such consent may be given or withheld by SRI in its sole
and absolute discretion. Any SRI-authorized transferee of User’s
right to use www.srirepairs.com must first agree to be bound by
the terms and conditions of this Agreement.
12. Disclaimer of Warranty and Limitation of Liability
a. EXCEPT AS SPECIFICALLY PROVIDED ELSEWHERE
IN THIS AGREEMENT WITH RESPECT TO WWW.SRIREPAIRS.COM OR ANY
SRI SERVICES OR ANY SRI PRODUCTS ORDERED BY USER, SRI HEREBY
DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR
IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY.
b. SRI IS NOT AN INSURER WITH RESPECT TO USER'S
USE OF WWW.SRIREPAIRS.COM OR SRI SERVICES OR SRI PRODUCTS ORDERED
BY USER AND, THEREFORE, SRI SHALL NOT BE LIABLE TO USER OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE WWW.SRIREPAIRS.COM OR
SRI SERVICES OR SRI PRODUCTS ORDERED BY USER, EVEN IF SRI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. SRI’S ENTIRE LIABILITY AND USER'S
EXCLUSIVE REMEDY FOR DAMAGES DUE TO PERFORMANCE OR NON-PERFORMANCE
OF SRI, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT
OR IN TORT, SHALL BE LIMITED TO REFUND OF THE CHARGE SPECIFICALLY
RELATED TO SUCH SRI SERVICE OR SRI PRODUCT ORDERED BY USER.
13. Use of cookies
www.srirepairs.com uses cookies to keep track of your shopping
cart. These cookies do not contain any personal information about
you.
14. General
a. SRI’s performance shall be excused
during a period of delay or interruption due to causes beyond
SRI’s control such as war, terrorism, riot, strike, unavailability
of materials and Acts of God.
b. This Agreement shall be treated as though
it were executed and performed in the County of Erie, State
of New York. The rights and obligations under this Agreement
shall not be governed by the United Nations Convention on Contracts
or the International Sale of Goods, the application of which
is expressly excluded, but such rights and obligations will
instead be governed by the substantive and procedural laws of
the State of New York. The exclusive jurisdiction for any legal
proceeding regarding this Agreement shall be the Courts of Erie
County, State of New York, and the parties hereto expressly
submit to the jurisdiction of said courts. User and SRI specifically
consent to extra-territorial service of process. This Agreement
shall be interpreted in accordance with and governed by the
laws of the State of New York (without regard to conflict of
law principles).
c. No action arising under this Agreement
may be brought more than one (1) year after the cause of action
has accrued.
d. Should any provision of this Agreement
be held to be void, invalid, unenforceable or illegal by a court
of competent jurisdiction, the validity and enforceability of
the remaining provisions of this Agreement shall not be affected
thereby. Failure of either party to enforce any provision of
this Agreement shall not constitute nor be construed as a waiver
of such provision nor of the right to enforce such provision.
15. Notice of SRI Trademarks/Servicemarks SRI®
and www.srirepairs.com®
are registered trademarks and/or service marks of SRI. All other
brand, product or company names are trademarks of their respective
owners. The following are some of the trademarks and service marks
used by SRI:
SRI
SURGICAL REPAIRS INTERNATIONAL
SRIREPAIRS.COM
THE SMART REPAIR ALTERNATIVE
AS GOOD AS NEW
WORKING HARD WHEN YOUR EQUIPMENT ISN’T
YOUR SUCCESS IS OUR MISSION
YOUR EQUIPMENT IS OUR PATIENT
SERVICE THAT’S ALWAYS A STEP AHEAD
WE CAN WHEN OTHERS SAY THEY CAN’T
PEACE OF MIND IS GUARANTEED
WE TAKE YOUR DOWNTIME SERIOUSLY
SRI and its subsidiaries also own rights to other trademarks which
may not be explicitly listed. Other trademarks and service marks
are the property of their respective owners. Reference to a company,
product, service or publication does not imply an approval or recommendation
of that company, product, service or publication by SRI.
THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT
AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS STATED HEREIN. THE PARTIES FURTHER AGREE THAT THIS
AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN,
AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES HERETO RELATIVE
TO THE SUBJECT MATTER OF THIS AGREEMENT.
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