Last updated on April 17, 2018
Scope of Application
Neurotar Oy Ltd, a Finnish corporation (VAT FI22912406) registered at the address Viikinkaari 4, 00790 Helsinki, Finland (“Seller”) is a business to business supplier. Seller’s online store is intended for use by institutional customers and not consumers. By placing an order in the online store, the customer (“Buyer”) confirms that he, she or it obtains the items offered for sale in the online store (“Products”) for the purposes of his, her or its institution and not as a consumer. The definition of institution includes but is not limited to for-profit, not-for-profit, public, governmental and military organizations.
These Terms and Conditions of Sale shall govern all sales concluded between Seller and Buyer in Seller’s online store.
The sale shall be deemed concluded on these Terms and Conditions when Buyer places an order and makes a payment in Seller’s online store. By concluding the sale, Buyer makes a binding order to Seller and accepts these Terms and Conditions of Sale. By accepting the payment, Seller makes a binding commitment to deliver Products according to these Terms and Conditions. Orders can be placed and sales can be concluded under these Terms and Conditions for any in-stock and backorder online store item with displayed prices. To purchase all other items, Buyer shall use the online offer request form or contact [email protected]
Seller shall have the right to change prices, Products’ composition, descriptions and specifications at any time. Seller shall deliver the Products ordered and paid for in the online store based on the prices valid at the time of sale.
Buyer shall ensure that the contact information provided in the order form is accurate. If Buyer uses SPAM filters, Buyer shall ensure that Seller’s emails generated during order processing can be delivered. Buyer shall bear full responsibility for orders that cannot be delivered or processed due to erroneous contact information.
Prices and Payment Conditions
Payment can be made using one of the methods offered in Seller’s online store.
All prices are stated in Euros. For orders placed from USA or Canada, prices automatically change to USD once the US or Canadian address is entered at check-out. The prices are exclusive of value-added, sales, use excise or other taxes, all of which will be charged to Buyer, as applicable, other than any taxes on Seller’s net income. Value-added tax (“VAT”) shall be added to sales price published in the online store as follows:
Orders placed from Finland: 24% Finnish VAT shall be added to the price of Products and shipment.
Orders placed from within the European Union: no VAT shall be added to the price of Products or shipment if Buyer enters a valid VAT number prior to concluding the payment.
Orders placed from outside the European Union: no VAT shall be added to the price of Products or shipment.
Buyer shall be responsible for any possible additional costs such as but not limited to currency exchange fees, import duties or taxes levied by the customs authorities or local sales and other taxes.
Shipment and Delivery Conditions
In-stock Products shall be shipped within 15 days of order. Backorder Products shall be shipped within 60 days from order at the latest. If an order combines in-stock and backorder items, all items shall be shipped simultaneously as soon as the backorder items become available but in any case no later than 60 days from order. Backorder items are identified as such prior to check-out. Seller shall not be liable for any delay in delivery or assume any liability in connection with shipment. All products shall be delivered FCA (Incoterms 2010) from the point of shipment. Title and risk of loss or damage to all or any portion of the Products shall pass to Buyer upon departure from the point of shipment.
Buyer’s email address and telephone number shall be handed over to the shipping service provider for communication and coordination purposes. If Products are returned to Seller because delivery to Buyer was not possible, Buyer shall bear all costs resulting from unsuccessful delivery.
Seller warrants to Buyer that the Products shall be free from defects in materials and workmanship under normal use, handling and service as follows:
Metal components: one year warranty from the date of shipment.
Carbon fiber cages: six months’ warranty from the date of shipment.
This limited warranty does not apply to the products that are (a) identified by Seller as pre-production products or prototypes, (b) customized items meeting the specifications of Buyer, (c) items repaired or modified by any party other than Seller, (d) damaged due to improper installation, misuse, abuse or storage, (e) damaged during storage, transportation or handling after the Products’ departure from Seller’s shipping point, (f) consumable products such as head plates, and other surgical implants, foam cages and mazes. If any Product is incorporated into any other instrument or device, Seller shall not be responsible for safety, efficacy, accuracy, reliability or fitness for intended purpose of such integrated product.
The warranty remedies shall be limited, at Seller’s discretion, to (a) correction of the faulty Product, (ii) replacement of the Product or part thereof, or (iii) order cancellation, Product redemption and price refund.
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY. SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON THE USE OF THE PRODUCTS IN COMBINATION WITH OR INTEGRATED INTO ANY OTHER INSTRUMENT OR DEVICE.
Return and Repair Conditions
Prior to shipping an item for repair or replacement, Buyer shall contact Seller to determine whether the item must be returned to Seller for repair or replacement. If Seller cannot resolve the problem remotely, Seller shall issue a Return Material Authorization number (“RMA”). RMA number must be used for all correspondence and shipping documents that relate to the returned Product. Buyer is responsible for the shipping costs resulting from shipping the defective or non-operational Products to Seller.
Seller will send a repaired or a replacement Product after verifying that the Product returned under RMA number is defective within the terms of the Limited Warranty. Seller is responsible for the shipping costs of replacement Product to Buyer.
Intellectual Property Rights
Any intellectual property rights on a worldwide basis, including, patentable inventions (whether or not applied for), patents, patent rights, copyrights, trademarks, service marks, trade names, trade secrets that is conceived, developed, discovered or reduced to practice by Seller, shall be exclusive property of Seller. Seller shall exclusively own all rights, title and interest (including all intellectual property rights throughout the world) in and to the Products and any inventions, layouts, know-how, ideas or information discovered, developed, conceived or reduced to practice by Seller in the course of performance of these Terms and Conditions of Sale.
Safety Regulations & Compliance with Law
Products and components supplied by Seller are not intended for clinical use or medical purposes. Buyer shall not use Products for any such purposes.
Buyer shall strictly follow Seller’s instructions concerning use of Products. Buyer shall ensure that Products are used and operated by trained and adequately instructed skilled personnel. Buyer shall instruct all users of Products of all possible safety hazards listed in the product manuals.
Buyer shall not hold Seller liable for any use of Products that does not comply with user instructions and shall indemnify and hold harmless Seller from and against any and all claims, liabilities, obligations, and costs arising out of any such use.
Buyer shall comply with all applicable laws, rules and regulations relating to these Terms and Conditions and Products. Buyer will defend, indemnify, and hold harmless Seller from and against any violation of any laws, rules or regulations by Buyer or any of its agents, officers, directors or employees in violation of these Terms and Conditions.
These Terms and Conditions of Sale shall be governed by the laws of Finland. Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising under these Terms and Conditions of Sale.
Tel. +358 9 428 344 56