General Terms and Conditions of Sale

General Terms and Conditions of Sale:

Guriansoft offers the items described in this Catalogue for sale at the prices set forth herein (subject to revision of such prices by Guriansoft from time to time). Guriansoft's offer to sell the Products and all acceptances of such offer from time to time by the buyer shall be governed by these Terms and Conditions of Sale as described below.

Acceptance of delivery of products or services shall be deemed as an agreement to these terms and conditions. No document issued by you attempting to negate or otherwise modify the terms hereof, including any purchase order or request for proposal, shall be binding upon Guriansoft and instead, the foregoing terms and conditions, including any special terms and conditions set forth separately by a written agreement, shall exclusively govern the sale of products and provision of services to you by Guriansoft.

Guriansoft ships products and provides services in accordance with the specifics of your purchase order. If, after delivery and inspection, you determine that the products or services do not conform to your specifications and are, therefore, unacceptable, please notify us immediately. Guriansoft will either replace the rejected products or materials or issue a credit, therefore, at our option, as the exclusive remedy.

This shall be the exclusive warranty of Guriansoft. Guriansoft disclaims and excludes all other warranties or representations, express, implied or statutory, with respect to products or services, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of a patent, trademark or other intellectual property rights.

Except as aforementioned, Guriansoft will not be liable for any causes of action or damages, including any special, indirect or consequential damages, arising out of the performance of services or the provision of products, or for consequential economic damages, or consequential damages to property, including damage arising from acts or negligence on the part of Guriansoft, its agents or employees. In purchasing products or services from Guriansoft, you expressly release and discharge Guriansoft from all such causes of action or damages.

Notwithstanding any oral or written information, opinions, evaluations, catalogue descriptions or consultations of any kind furnished by Guriansoft, the buyer specifically agrees that it is the buyer's sole responsibility to select and evaluate the correct products for use in the buyer's applications.

Buyer acknowledges that (a) exposure of Products to other materials, chemicals, sterilization or temperature extremes may cause changes in the materials from which the Products are manufactured and that such changes may make the Products unsuitable for use in Buyer's applications and (b) some Products contain latex, which may cause allergic reactions in some individuals.

Buyer assumes all liability and responsibility for the selection and use of the Products by Buyer and by any third party that purchases or receives the Products (or products incorporating the Products) from Buyer or its transferees, and that Guriansoft is not and shall not be liable or responsible in any way for any such selection or use.

Buyer agrees to use any products purchased from Guriansoft in a safe manner and in accordance with the applicable governmental rules and regulations and acknowledges that Guriansoft's Products are not intended for sale directly to hospitals, physicians, pharmacists, or other end users.

This agreement and any sales there under shall be governed by the laws of the state of New York, without regard to the conflict of laws rules.

WARNING: The customer must determine the fitness of products for use. Exposure of these parts to other materials, chemicals, sterilization or temperature extremes may cause changes in the material used which may make the parts unsuitable for use, for which Guriansoft disclaims any responsibility whatsoever.

The customer assumes all liability for the use of these products. Intended only for further manufacturing or assembly. Not for sale directly to hospitals, physicians, pharmacists, or other end users.

Return Goods Policy:

1. Returned merchandise requires prior written authorization and a Guriansoft RGA number.

2. Claims for shortage or damaged goods must be made within 10 days of receipt.

3. All merchandise must be in the original packaging and sealed cartons.

4. All returned goods must include a packing list and must be shipped freight prepaid.

5. Credit will be issued as follows:

a) Merchandise less than 60 days old will be issued 100% credit, less a 25% restocking charge.

b) Merchandise older than 60 days and custom orders are not returnable for credit.

c) No cash refunds will be given.

This Internet site is provided as a service to its visitors. Guriansoft reserves the right to delete, modify or supplement the content at any time for any reason without prior notification.

These Internet pages are intended to provide general information about Guriansoft, its products and services.

This website and all information provided on this website are provided “as is” and without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. No representation is being made as to the timeliness of the information, nor that it will be error-free.

Guriansoft will use reasonable efforts to include up-to-date and accurate information in this Internet site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided. Guriansoft will not be liable for damages or injury resulting from access to, or inability to access this Internet site, or from any reliance on any information provided at this Internet site.

Linked Sites:

Any links or references provided to other Internet sites ("hyperlinks") are provided by Guriansoft merely as a convenience to users of this Internet site. Any hyperlink to such other Internet site should in no way be construed as an endorsement, representation(s) or promotion by Guriansoft as to the content, representations, accuracy, products or services found or otherwise described in such other Internet sites.

Guriansoft has not reviewed all of the sites that may be linked to its web pages. Guriansoft does not endorse, nor is it responsible for the content of, any linked sites. Therefore, the use of these linked sites is done at your own risk. Without limitation, Guriansoft urges you to take the proper precautions against destructive content (i.e. viruses).

Guriansoft takes no responsibility for the content of such other internet sites and disclaims any liability for damages including without limitation consequential and incidental damages, arising from any users' reliance thereupon.

In no event shall Guriansoft be liable 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) arising out of or related to any information contained in the Guriansoft web site, including any links, even if Guriansoft has been advised, knew, or should have known of the possibility of such damages.

APPLICABLE LAWS:

The Guriansoft site (www.Guriansoft.com) contains information about products, which may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations and medical practices governing the communication of medical or other information about medical products on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication of any product, which is not authorized, by the laws and regulations of the country where the reader resides.

The information, documents, and related graphics published on this Internet site are the sole property of Guriansoft. Permission to print or otherwise distribute all or a portion of this site is granted, provided that (1) a legend is affixed to any copies so printed or distributed, that the information contained therein is the sole property of Guriansoft; (2) the above copyright notice appears on all copies; (3) the use of the information is for non-commercial or personal information use only; (4) the information is not modified in any manner; and (5) no graphics from this site are used separately from the accompanying text.

TRADEMARKS:

All product names, trade names, service names, tag lines, or logotypes distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed (in fact or implied) to Guriansoft unless otherwise noted.

The Marks on this Internet site are variously protected by the laws of the United States and other countries of operation foreign to the United States. No use of any of these may be made without the prior, written authorization of Guriansoft, except for the sole purpose of identifying the products or services originating from Guriansoft.

Copyrights & Trademarks:

Permission to copy and distribute the textual information contained in this website is hereby granted for non-commercial offline use only. All images used on this site are owned or licensed by Guriansoft for use by Guriansoft only. Unauthorized use is prohibited. Any use of the information contained in this site publicly or for advertising by entities other than Guriansoft is prohibited without the prior express written permission of Guriansoft. Nothing contained herein shall be construed as conferring any right or license under any Guriansoft patent, copyright, or trademark. All product names, logos, and other identifiers are trademarks of Guriansoft, its affiliates, related companies or its licensors. The use or misuse of these trademarks, except as otherwise permitted herein, is expressly prohibited.

Information Confidentiality:

Although it is not Guriansoft's intention to sell personal information to third parties as part of a mailing list or otherwise, nonetheless, Guriansoft recognizes the potential for others to observe or otherwise obtain information provided by the reader through electronic means. Guriansoft makes no guarantees whatsoever with respect to the privacy of information provided to Guriansoft via the Internet (i.e. e-mail). In no event shall Guriansoft be liable for any incidental, indirect, special or consequential damages whatsoever arising out of or related to the release of information, personal or otherwise, to Guriansoft by the reader, even if Guriansoft has been advised, knew, or should have known of the possibility of such damages.

No confidential relationship shall be established in the event that any user of this Internet site should make any oral, written, or electronic response to Guriansoft (e.g. feedback, questions, comments, suggestions, ideas, etc.) Such response and any information submitted shall be considered non-confidential. Guriansoft will be free to reproduce, publish or otherwise use such information including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. The sender of any information to Guriansoft is fully responsible for its content, including its truthfulness and accuracy.

Sale of Products:

The terms and conditions governing the sale of Guriansoft products consist solely of those set forth in the written agreements between Guriansoft and its customers. No representation or affirmation of fact contained in materials on this website, including but not limited to statements regarding capacity, response time, suitability for use, or performance of products described herein shall be deemed to be a warranty by Guriansoft for any purpose or give rise to liability of Guriansoft whatsoever. No warranties, express or implied, including but not limited to warranties of merchantability, and fitness for a particular purpose, are intended, nor should they be construed based upon the information contained in this website.