Order Your Biocalculus
1.Shipment Related: The price quoted above is inclusive of cost of the product, goods and services tax, freight (to site) and insurance (to site). Buyer acknowledges that the price quoted above is based on the effective rate of duty and taxes prevailing on the date of this purchase order and agree that any increase in any of the duties, levies or taxes or any rates thereof including the imposition of any new duty, levy or tax after such date will be paid additionally by the Buyer.
2.Exclusions to Warranty: This purchase order shall not cover the following: (a) consumable items, like ECG Electrode, Preparation kit, etc and accessories not supplied by Seller; (b) consultation or training to assist Buyer’s development or modification of any software or protocols not provided by Seller; (c) material and labor costs associated with reusing existing facilities and temporary installation of products for testing, training and other purposes; (d) any service, components or parts replacement, or downtime required as the result of (i) a design, specification, software program, protocol, or instruction provided by Buyer; (ii) Buyer’s failure to fulfill any of its obligations or responsibilities under any agreement; (iii) the failure of anyone (other than Seller) to comply with Seller’s written instructions or recommendations; (iv) Buyer combining the product with any item of others or with any incompatible item; (v) any alteration or improper storage, handling, use, or maintenance of any part of the product by anyone (other than Seller); (vi) design or manufacturing defects, specifications, or functionalities in any non- Seller item; and (vii) anything external to the product, including building structural deficiency, power surge, fluctuation or failure; and (viii) Buyer’s failure to provide and adhere to the specified or recommended power, grounding, temperature, humidity, air quality or other environmental conditions necessary for optimal health of the equipment’s; (g) Any intentional or accidental damage caused to the equipment by the Buyer; (i) Any suboptimal or nonperformance of the equipment due to environmental interference such as (but not limited to) electro-magnetic interference, vibration, lightning which are beyond the control of the Seller; (i) Any damage caused to the equipment due to pest, rats or other animals, dust, contrast media, liquid spillage, etc.;
3.Extended Warranty: The buyer acknowledges and agrees that an “extended warranty” (if any offered and included as part of this PO) is NOT an integral part of the equipment but an optional service offering provided by the seller at the point of sale of the original equipment. Therefore, the seller is under an obligation to disclose the sale price of the “extended warranty” separately on the invoice/ related documents and is liable to charge the appropriate GST rate as is applicable to a service contract, which may/ may not be the same as the GST rate applicable on the equipment.
4.Limitation of Liability: The Seller’s total liability and that of our affiliates and representatives, including any liability under any indemnity claim, to the Buyer and the Buyer’s exclusive remedy for any and all claims arising out of or relating to this PO, including but not limited to the products and services provided and for all claims based on failure of products or services provided, during or post warranty period, whether based on contract, statute, tort, indemnity, warranty or extra contractual liability hereunder is limited and in no event shall exceed the price actually paid by Buyer to Seller for the product or service which is the basis for the claim. Buyer agrees that the Seller, its affiliates and representatives have no liability to Buyer for (1) any indirect, special, punitive, incidental, exemplary or consequential damages (whether or not known or in contemplation by the parties), (2) Loss of profit or revenue, (2) loss of product use, loss of capital, downtime cost, (3) any assistance not required under the applicable terms and conditions of sale, or (4) any claims related to Buyer’s order which arise after the warranty period ends. Please note that delivery dates are approximate, and Seller is not liable for delays in performance or delivery due to causes beyond its reasonable control. If such a delay occurs, Seller may extend the time for performance or delivery date for a period of time equal to the delay. Buyer acknowledges that it has chosen to purchase the products based on its assessment and fitness for intended use. The products shall be covered under a warranty against defect in workmanship for a period of fifteen (15) months from the date of shipment or twelve (12) months from the date of Completion of activation, whichever is earlier. The sole remedy available to Buyer under the warranty is limited to repair or replacement of the products at our discretion. The warranty provided is in lieu of all other warranties and guarantees, whether written, oral, implied or statutory and excludes all implied, customary or other warranties of merchantability or fitness for a particular use or purpose. Seller shall have no obligation to repair or replace the product under warranty if the warranty claim, directly or indirectly, arises out of or in relation to Buyer’s actions or omissions or those of Buyer’s employees, agents, or any failure to comply with these T&Cs. Replaced/ repaired products or components or parts thereof shall carry a warranty from the date of replacement/ repair till the end of the warranty period of the main product. The warranty provided is applicable only to Buyer. Any modification on the products, or any of their components, other than as performed or authorized in writing by Seller, will invalidate and terminate Seller warranty for the products, effective on the date of any such modification. All products are designed to provide optimum performance with Seller supplied parts.
Accordingly, we can make no assurances that product performance will not be affected by the use of non-Seller supplied parts. Seller assumes no liability for the use of non-Seller supplied parts and disclaim any responsibility for any affect such parts may have on product performance and functionality of the product.
5.Compliance: Buyer shall fulfill all regulatory requirements such as requirements as per the government policies applicable to the product at all point of times. The Seller shall not be liable for any consequences arising due to non-compliance of any such regulatory requirements. Further, Buyer shall not re-sell the products to any other party or to export the products outside India.
6.Operating and Basic Service Software License: Definition: “”Licensed Software”” means the firmware, software , or data compilations (regardless of the media within which they are recorded, fixed or delivered) identified in the order or the written quotation, as applicable, or delivered to Buyer for the operation, installation, use, deinstallation, maintenance, or repair of the hardware identified in the order or the written quotation, as applicable. Licensed Software will also include software for enhancing the operation or functionality of the hardware and any other software later provided to Buyer by Seller for use with the hardware. Licensed Software that is not stored internally in the hardware may include a notice that identifies it as Seller proprietary material.
Except to the extent further limited by the license terms for specific types of Licensed Software (certain license software may have additional license terms which will be separately provided), Seller grants the Buyer a limited license to:
(1) use the Licensed Software only on the specific hardware for which Seller provided Buyer the Licensed Software at the identified geographic location or in the specific site identified in the order or the written quotation, as applicable;
(2) make one copy of the Licensed Software in machine-readable form solely for backup purposes, and cannot remove or modify labels or notices of proprietary rights of the Licensed Software or documentation associated with the Licensed Software; (3) use the copy of the documentation identified in the order or the written quotation, as applicable, and having a white cover or label and/or a notice that identifies it as “Operating Documentation” (“Operating Documentation”), and use the tools or instruments identified in the purchase order or the Quotation, as applicable, and provided with the product in a container having a white cover or label and/or a notice that identifies them as “Operating Tools” (“Operating Tools”) for the sole purpose of Buyer’s use of the Licensed Software and product for its intended purpose;
By way of example, and without limitation, Buyer is not granted any ownership rights in the Licensed Software, Operating Documentation or Operating Tools or any media on which the Licensed Software is recorded or fixed; any other rights or licenses under any of Seller’s intellectual property (e.g., patents, copyrights, trademarks, designs, trade secrets, etc.); any right to modify, adapt, translate, rent, lease, loan, resell for profit, distribute, network or create derivative works of any portion of the Licensed Software or Operating Documentation; any right to de-compile, reverse engineer, disassemble, or otherwise reduce the Licensed Software to a human-perceivable form;
7.Default: Seller may suspend delivery of the products or performance of any services if: (i) Buyer is in default of any obligations under this purchase order; (ii) Buyer is or becomes insolvent or unable to pay its debts when they fall due; or (iii) any change in those exercising effective control over Buyer occurs. In any such event, Seller may require Buyer to discharge immediately all its payment obligations towards Seller including those which are payable at a future date in respect of products or services already delivered or performed.
8. End of Product life: In connection with the products, the warranty period for each of the products is subject to the end of life product program of the Seller. In case the product life ceases before cessation of warranty, the Seller and Buyer shall mutually discuss
and arrive at a suitable way forward
9.Governing Law: This purchase order shall be construed and interpreted in accordance with and governed by the laws of the Republic of India.
10. Termination: Notwithstanding the aforesaid, the Buyer may terminate this purchase order at any point before the shipment of the item.
11. Data Rights: Seller may collect, prepare derivatives from the data generated by the hardware unit and not containing “personal information” or “sensitive personal data or information” (non-health data) for such things as training, demonstration, research, development, benchmarking, continuous improvement and facilitating the provision of its products, software and services. Seller will own all the property rights resulting from such collection, preparation and use. The non-health data will not be used to identify Buyer or sold by Seller without Buyer’s consent.
Return & Refund Policy
If you are not entirely satisfied with your purchase, we’re here to help.
1.Returns: You have 30 (change this) calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase.
2.Refunds: Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within a certain amount of days, depending on your card issuer’s policies.
3.Shipping: You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund.