Terms & Conditions
IV.
GENERAL TERMS AND CONDITIONS.
NOT WITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, CATALOG DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY QOSMEDIX, YOU SPECIFICALLY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN YOUR APPLICATIONS. If a Product offered by Qosmedix is not as described, your sole remedy is to return it in unused condition pursuant to the Return Goods Policy. You agree to follow any instructions for use that accompany the Products. In no event shall Qosmedix be liable to you or to any third party for any direct, incidental, indirect, special or consequential damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data on your information system), even if Qosmedix has been advised, knew, or should have known of the possibility of such damages, arising out of or related to (i) your use of or reliance on the Site or Catalog, or any information, hyperlinks or content contained therein, (ii) your provision of information, personal or otherwise, to Qosmedix, (iii) the provision of Products or services by Qosmedix, (iv) acts or negligence on the part of Qosmedix, its agents or employees, or (v) your use of any Products. In purchasing Products or services from Qosmedix, you expressly release and discharge Qosmedix from all such causes of action or damages. Without limiting the foregoing, in no event shall Qosmedix be liable to you for more than the purchase price of any Products purchased by you from Qosmedix. QOSMEDIX DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE, THE CATALOG, THE PRODUCTS OR QOSMEDIX’S SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY QOSMEDIX, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. NO ADVICE OR INFORMATION GIVEN BY QOSMEDIX, OR ITS EMPLOYEES SHALL CREATE ANYWARRANTY HEREUNDER. THE SITE AND CATALOG, INCLUDING,WITHOUT LIMITATION, ALL CONTENT, INFORMATION AND LINKS CONTAINEDTHEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE”WITHOUT ANYWARRANTY THAT THEYWILL BE UNINTERRUPTED OR ERROR-FREE. The TAC and any sales thereunder shall be governed by the laws of the state of New York, without regard to its conflict of laws rules. Any dispute relating in any way to your use of the Site or Catalog or any Product or services sold or distributed by Qosmedix shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts. If any portion of the TAC is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, such unenforceable, invalid or illegal portions shall be deemed severable and not affect the remainder of the TAC. You hereby waive any and all rights to bring any claim or action against Qosmedix related to the Site, Catalog or TAC in any forum more than one (1) year after the date on which such claim arises.
Please e-mail Customer Service with concerns regarding the Terms & Conditions or the contents of this Catalog at info@qosmedix.com.
The Terms & Conditions were last updated on Oct 15, 2021.
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