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SRIís Web Site Conditions of
Use AND Terms & Conditions

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:

  1. Registers with SRI
  2. Purchases products from SRI
  3. 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.

 
All information copyrighted 2005 Surgical Repairs International
Terms and Conditions