Terms & Conditions
Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
Use of Site
Subject to the terms and conditions of this Agreement, Orange Instruments hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by viewing it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Orange Instruments in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Orange Instruments in advance. Orange Instruments reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Orange Instruments believes that customer conduct violates applicable law or is harmful to Orange Instruments interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person or entity; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Orange Instruments may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Orange Instruments has no obligation to investigate the authorization or source of any such access or use of the Site. You will be solely responsible for all access to and use of this Site by anyone using the password and identification originally assigned to you whether or not such access to and use of this Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Orange Instruments & Trading GmbH of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
All text, graphics, button icons, images, audio clips, downloadable files, and software (collectively, “Content”), belongs exclusively to Orange Instruments & Trading GmbH, or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Orange Instruments & Trading GmbH or its affiliates. All software used on this Site (the “Software”) is the property of Orange Instruments & Trading GmbH, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The use of any Orange Instruments trademarks or service marks without express written consent is strictly prohibited. You may not use Novo Surgical trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Orange Instruments trademarks or service marks in any manner that disparages or discredits Orange Instruments. You may not use any trademarks or service marks in meta tags without prior explicit consent.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon delivery of the items to the carrier pursuant to Orange Instruments standard terms of sale.
DISCLAIMERS AND LIMITATION OF LIABILITY
By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither Orange Instruments nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free. Neither Orange Instruments nor its Associates warrant the accuracy, integrity or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, Orange Instruments makes no representation that Content provided on the Site is applicable to, or appropriate for use in, locations outside of the Germany. Orange Instruments and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Orange Instruments or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.
Under no circumstances shall Orange Instruments or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Orange Instruments has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all Content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
To the maximum extent permitted by law, Orange Instruments will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. To the maximum extent permitted by applicable law, Orange Instruments total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Orange Instruments during the 45 days immediately preceding the act allegedly giving rise to Orange Instruments liability.
Orange Instruments makes no other representations, either expressly or implied, beyond the information contained on this Site. Orange Instruments will not be held liable for any incidental or consequential damages or loss of profits in connection with the use of a Orange Instruments product or service, regardless of whether or not that product or service was inaccurately presented on the Site in any manner. Orange Instruments will not be held liable for incorrect product purchases made on account of inaccuracies in Novo Surgical’s cross-reference database accessed through the Site and used to identify and find products and/or make purchases.
INTENDED FOR USERS OVER 18
The Site is intended for use by individuals 18 years of age or older acting on behalf of a physician’s office, surgery center, private medical practice, hospital, teaching college, research institution, distributor, buying group or other healthcare and/or healthcare-related provider (collectively, the “Organizations”). The Site is not directed for use by individuals under the age of 18 and/or by individuals who are not acting on behalf of the aforementioned Organizations. By using the Site you represent and warrant that you fulfill these conditions.
The Site attempts to display product images as accurately as possible. However, Orange Instruments cannot guarantee that the finish and/or color you see matches the actual product, as the display of the finish and/or color depends, in part, upon your monitor and its settings.
ERRORS ON ORANGE INSTRUMENTS SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Orange Instruments reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Orange Instruments shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Orange Instruments shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Orange Instruments will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Orange Instruments Return Policy.
Online prices, selection and promotions generally match those offered outside of the website, including those via direct mail, email and fax, as well as those offered through shows and other sales channels, but may vary. Prices, selection, promotions and offers are subject to change.
SALES TAX POLOCY
Orange Instruments collects and remits sales tax for transactions made by customers in Germany. If you’re a tax-exempt entity, you can take advantage of tax-exempt status for applicable purchases.
Orange Instruments reserves the right not to sell to resellers.
All sales made through the Site are subject to Orange Instruments return policy.
ORDER LIMITATIONS/LIMITED QUANTITIES
Orange Instruments reserves the right to reject any order you place with Orange Instruments, and/or to limit quantities on any order, without giving any reason. If Orange Instruments rejects or makes changes to your order, Orange Instruments will generally attempt to notify you using the e-mail and/or billing address you provided at the time the order was placed.
Orange Instruments may, at its own discretion, limit or cancel quantities purchased per person, per organization or per order. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. Orange Instruments reserves the right to limit or prohibit sales to dealers.
Your credit or debit card will normally not be charged if Orange Instruments rejects an order, but Orange Instruments will process a refund if the charge has been made against your card.
All orders placed on this Site are subject to product availability and will be shipped according to the shipping policies of Orange Instruments. In the rare event that your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail.
This Site may be accessed from countries other than the Germany. This Site may contain products or references to products that are not available outside of the Germany. Any such references do not imply that such products will be made available outside the Germany. If you access and use this Site outside the Germany, you are responsible for complying with your local laws and regulations.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Orange Instruments is not responsible for the operation of or content located on or through any such sites.
You agree that ORANGE INSTRUMENTS’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that ORANGE shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Novo Surgical may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by ORANGE INSTRUMENTS of ORANGE’s rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
TERMINATION OF USE
Orange Instruments may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Orange Instruments reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
In addition to any other legal or equitable remedies, Orange Instruments may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Orange Instruments shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site is created and controlled by Orange Instruments in Germany. As such, the laws of Germany will govern any disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Any dispute relating in any way to your visit to the Site or to the products you purchase through the Site shall be submitted to confidential arbitration in Duisburg, Germany, except that to the extent you have in any manner violated or threatened to violate intellectual property rights of Orange Instruments. Orange Instruments may seek injunctive or other appropriate relief in federal court in Germany. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Germany. Arbitration under these Conditions of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
+49 172 252 9856
STILL HAVE QUESTIONS?
Contact Orange Instruments & Trading GmbH at +49 172 252 9856