MICROSURGICAL TECHNOLOGY, INC. TERMS AND CONDITIONS OF SALE

Agreement

All sales of products by Microsurgical Technology, Inc. (“MST”) are sold by MST subject to the terms of the applicable MST Sales Order and these Terms and Conditions, and your acceptance of delivery of MST products confirms your acceptance and the applicability of the terms of the applicable MST Sales Order and these Terms and Conditions. Any reference to a Customer purchase order or other customer order reference is provided for customer’s convenience only.

Pricing

All products are sold by MST at the prices indicated on the applicable MST Sales Order. All prices are subject to change without notice. Prices do not include taxes of any kind, insurance or freight, which will be billed as additional charges and which are customer’s responsibility.

Risk of Loss

All products are sold by MST FOB MST’s shipping point, as designated on the applicable MST Sales Order.

Freight

All products will be shipped by the shipping method indicated on the applicable MST Sales Order on or about the ship date designated. Shipping dates may be changed on prior notice, and are subject to incidents of force majeure. Any freight, expediting, other special shipping, handling or packing charges, or insurance costs will be customer’s responsibility.

Payment

Payment in full for all products sold by MST, and all related charges, are due not later than 30 days following customer’s receipt of MST’s invoice. If customer disputes any invoiced charges, customer shall provide written notice to MST detailing their objection prior to the invoice due date, and shall pay any invoiced amounts in relation to which it has no objection on or prior to such due date. MST reserves the right to charge interest at 1% per month for any overdue balances owing. MST also reserves the right to change credit terms at any time, including the right to require payment in advance.

Returns

MST offers a 30 Day, love it or leave it guarantee. If the customer is not 100% satisfied with an MST product, that was purchased directly from MST, the customer may return the product within 30 days of purchase, for a full refund. To initiate a return, the customer must call MST Customer Service at 1-888-279-3323 and provide their account number, the product number and lot number of the device that is desired to be returned.

The customer must contact MST within 30 days to initiate the return. A credit will be issued to the customer account only after the item to be returned has been received. If the items are not returned to MST, payment will still be due. A refund may be issued if the customer account is in good standing.

Warranty

MST guarantees all durable MST forceps, scissors, handles, and snare instruments to be free from defects in materials and workmanship for three years from the date of purchase. Defective products will be repaired or replaced, at MST’s discretion. Any modification, alteration, or unauthorized repair of any product will result in the immediate termination of the warranty.

All durable MST forceps, scissors, handles, and snare instruments are provided with, other than for clear misuse/abuse as determined by MST, an unconditional three year “Bumper to Bumper” repair warranty from their date of purchase. If an instrument is damaged through normal use, MST will repair it for free for a period of three years from the aforementioned date of purchase. The MST Warranty is non-transferable and only valid from the original date of purchase.

To initiate a warranty claim, a customer must call MST Customer Service at 1-888-279-3323 and provide their MST account number, a description of the damaged instrument, the product number and lot number of the device that is desired to be repaired. A Return Merchandise Authorization (RMA) number will be issued if the repair claim is deemed valid by MST. Please reference your RMA number on the outside of your shipping container and send to MST at:

 

MicroSurgical Technology
8415 154th Ave NE
Redmond WA 98052

Most repairs are completed within 3 business days.

Non-Returnable Merchandise

Products held over 30 days, Custom products, Instruments damaged due to mishandling or improper use, Products that have been altered or modified by any unauthorized party.

Cooperation

MST and customer agree to provide each other reasonably requested cooperation in relation to the fulfillment of applicable MST Sales Orders, and in responding to or otherwise addressing any inquiry, investigation or product action initiated by MST or a regulatory entity having jurisdiction over the manufacture, sale or use of MST products.

Anti-Bribery and Corruption

 Customer will not directly or indirectly, offer or pay or authorize such offer or payment of any money or other consideration to improperly influence or seek to influence any governmental official. In performing its respective obligations under this transaction each party will comply with all applicable statutes, regulations and government rules relating to anti-bribery and anti-corruption including the United States Foreign Corrupt Practices Act and the United Kingdom Bribery Act 2010.

Applicable Law

MST Sales Orders and these Terms and Conditions are subject to and shall be governed by the laws of the State of Washington, USA.

DIAMOND KNIFE TERMS AND CONDITIONS OF SALE

Agreement

All sales of products by Adler Diamant B.V. (“ADI”) are sold by ADI subject to the terms of the applicable ADI Sales Order and these Terms and Conditions, and your acceptance of delivery of ADI products confirms your acceptance and the applicability of the terms of the applicable ADI Sales Order and these Terms and Conditions. Any reference to a Customer purchase order or other customer order reference is provided for customer’s convenience only.

Pricing

All products are sold by ADI at the prices indicated on the applicable ADI Sales Order. All prices are subject to change without notice. Prices do not include taxes of any kind, insurance or freight, which will be billed as additional charges and which are customer’s responsibility.

Risk of Loss

All products sold by ADI are FOB from ADI’s shipping point, as designated on the applicable ADI Sales Order.

Freight

All products will be shipped by the shipping method indicated on the applicable ADI Sales Order on or about the ship date designated. Shipping dates may be changed on prior notice, and are subject to incidents of force majeure. Any freight, expediting, other special shipping, handling or packing charges, or insurance costs will be customer’s responsibility.

Payment

Payment in full for all products sold by ADI, and all related charges, are due not later than 30 days following date of Invoice. If customer disputes any invoiced charges, customer shall provide written notice to ADI detailing their objection prior to the invoice due date, and shall pay any invoiced amounts in relation to which it has no objection on or prior to such due date. ADI reserves the right to charge interest at 1% per month for any overdue balances owing. ADI also reserves the right to change credit terms at any time, including the right to require payment in advance.

Returns

If the customer is not 100% satisfied with an ADI product, that was purchased directly from ADI, the customer may return the product within 30 days of purchase, for a full refund. To initiate a return, please contact ADI Customer Service at +31 485 350 300.

The customer must contact ADI within 30 days to initiate the return. A credit will be issued to the customer account only after the item to be returned has been received. If the items are not returned to ADI, payment will still be due. A refund may be issued if the customer account is in good standing.

Warranty

ADI guarantees all diamond blades and diamond knives to be free from defects in materials and workmanship for three years from the date of purchase. Defective products will be repaired or replaced, at ADI’s discretion. Any modification, alteration, or unauthorized repair of any product will result in the immediate termination of the warranty.

To initiate a warranty claim, a customer must call ADI Customer Service at +31 485 350 300 and provide their ADI account number, a description of the damaged instrument, the product number and lot number of the device that is desired to be repaired. A Return Merchandise Authorization (RMA) number will be issued if the repair claim is deemed valid by ADI. Please reference your RMA number on the outside of your shipping container and send to ADI at:

Adler Diamant B.V.
Simon Homburgstraat 21, 5431 NN
Cuijk, Netherlands

Non-Returnable Merchandise

Products held over 30 days, custom products, Instruments damaged due to mishandling or improper use, Products that have been altered or modified by any unauthorized party.

Cooperation

ADI and customer agree to provide each other reasonably requested cooperation in relation to the fulfillment of applicable ADI Sales Orders, and in responding to or otherwise addressing any inquiry, investigation or product action initiated by ADI or a regulatory entity having jurisdiction over the manufacture, sale or use of ADI products.

Anti-Bribery and Corruption

 Customer will not directly or indirectly, offer or pay or authorize such offer or payment of any money or other consideration to improperly influence or seek to influence any governmental official. In performing its respective obligations under this transaction each party will comply with all applicable statutes, regulations and government rules relating to anti-bribery and anti-corruption including the United States Foreign Corrupt Practices Act and the United Kingdom Bribery Act 2010.

Applicable Law

ADI Sales Orders and these Terms and Conditions are subject to and shall be governed by the laws of The Netherlands and European Union.

Tax Notices

Alabama Tax Notice

Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer’s. behalf to. the Alabama Department of Revenue.

Seller’s program account number is SSU-R010762400.

Supplier Terms and Conditions