Conditions of purchase LigaTie® – Resorbable Devices AB

CONDITIONS OF PURCHASE

Unless otherwise agreed in writing by an authorised company representative, all orders are placed and are deemed to be accepted subject to the following conditions. These conditions together with any special condition of purchase agreed to in writing by the parties shall constitute the entire agreement between the parties for the supply of the goods (the “Goods”) and shall supersede any provisions incorporated or referred to in the Seller’s quotation, sales literature, and acknowledgement of order or elsewhere.

1 Orders

The Buyer will be bound by any order and shall not be entitled to cancel any order.

2 Price

The price shall be inclusive of delivery and packaging materials, but exclusive of all taxes, duties, royalties or other payments due to Government Authorities or other third parties unless it is expressly agreed in writing that such payments are included in the price.

3 Terms of Payment

At time of order, payment will be made through PayPal, if not differently agreed upon in writing.

4 Property and Risk

The Goods shall pass to the Buyer on delivery or, if earlier, on payment for the Goods to the Seller without prejudice to any right of rejection by the Buyer. Any risks related to the use of the products shall pass to the Buyer upon delivery / at the point of delivery stated in the order.

5 Quality and Description

(a) The Goods shall be of sound materials and workmanship.
(b) The Seller warrants that the design, construction, composition and quality of Goods will conform to description applied to them by the Seller.

6 Health and Safety

The Seller shall not be liable to the Buyer in any civil proceedings brought against the Buyer under any Health and Safety Regulations made pursuant to the Health and Safety at Work etc; Act 1974 as amended or re-enacted from time to time, where such exclusion of liability is permitted by law. The Seller shall not be liable to the Buyer in any treatment claims regarding use of the products.

7 Force Majeure

Either party may totally or partially cancel an order or delay delivery or performance during any period which:-
(a) its performance is prevented or hindered by circumstances beyond its reasonable control including but not limited to requisitions by Government Authority, war, strike, lock-out, plant break-down, unavailability of raw materials, riots, disease, Act of God, storm, failure of public utilities or common carrier, or
(b) the need to comply with legislation or reasonably anticipated legislation has the effect of preventing or hindering the free manufacture, sale, delivery, use or supply of the Goods.

8 Packing

The Seller shall provide suitable packing material for the sale & delivery of Goods supplied, to comply with any requirements in force at the time of delivery.

9 Confidentiality

The Seller undertakes on behalf of itself, its employees, agents and sub-contractors (if any) to treat all Information of the Buyer obtained as a result of fulfilling the order of the products as confidential.

10 Swedish Law

These terms and conditions and the order generally shall be governed in all respects by Swedish Law and all disputes arising from it shall be subject to the exclusive jurisdiction of the Swedish Courts.

11 LIMITATION OF LIABILITY

In no event shall either party be liable to the other party for special, incidental, consequential, or indirect damages in connection with this Agreement or performance hereunder or through use of products.
YOU AGREE THAT NEITHER RESORBABLE DEVICES AB NOR ANY PERSON OR COMPANY ASSOCIATED WITH RESORBABLE DEVICES AB SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE PRODUCT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS RESORBABLE DEVICES AB AND ITS STAFF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM USE OF PRODUCT. THE TOTAL LIABILITY OF RESORBABLE DEVICES AB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 100. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL RESORBABLE DEVICES AB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE PRODUCT(S) ARE EXCLUDED EVEN IF RESORBABLE DEVICES AB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact details

Resorbable Devices AB
CEO Odd Viking Höglund, DVM, PhD
Ormvråksvägen 15
75652 UPPSALA
Sweden

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Phone: +46703-29 89 50