Terms and Conditions of Purchase
TheTerms and Conditions apply to the purchase of all products marketed or otherwise sold by Osteogene Tech Corp on this website, regardless of order method, and shall apply to the use of this website and be considered an integral part of the sales contract that the user of this website forms with Osteogene Tech Corp upon placing an order through this site.
Please refer to the “Legal Notice” for General Terms and Conditions related to usage and access of the website.
Terms and Conditions
All prices published by Osteogene Tech on this website may be changed at any time without notice. All prices will be as specified by Osteogene Tech unless otherwise determined in a separate contract in which that contract shall supersede these Terms and Conditions. All prices are subject to adjustment on account of quantities, shipment arrangements, or other terms or conditions which are not part of our original price quotation.
The State of New Jersey exempts medical devices from sales tax and as such, the prices listed for products on the website exclude all forms of excise, sales, use, transfer and other taxes and duties.
Payments must be made via credit card and be paid in full at the time of order submission by users. Osteogene Tech reserves the right to stop delivery of products in transit and to withhold shipments in whole or in part if the user fails to complete any payment when due or otherwise fails to perform obligations hereunder.
The method of shipment will be selected by the user during the ordering process. Osteogene Tech will not assume any liability in connection with the shipment or constitute any third-party carrier as an agent to Osteogene Tech. Osteogene Tech reserves the right to ship the products in any sequence and to make partial shipments. All shipping dates provided are approximate estimations only.
Osteogene Tech will use reasonable efforts to meet requested delivery dates, but will not be liable for failure to do so. Osteogene Tech will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver due to any cause beyond the corporation’s direct control. If, as a result of any cause beyond Osteogene Tech’s control, any scheduled delivery is delayed for a period beyond sixty (60) days, the user may contact Osteogene Tech for an inquiry as to the current state of their order to which the corporation shall to the best of their ability rectify the matter by contacting the third-party carrier.
All order returns shall be at the sole discretion of Osteogene Tech. Any possible returns must be of unopened, unused, and untampered with products in their original packaging.
The resale, redistribution, trade, transfer, or use other than pursuant to the Instructions for Use of the purchased products is prohibited. If user has or is attempting to resell, redistribute, trade, or transfer any products of Osteogene Tech Corp, the corporation may exercise any or all available remedies of law and equity including but not limited to discontinuing or canceling the user’s account with Osteogene Tech and pursuing legal action for theft of intellectual property and trademark infringement.
Osteogene Tech reserves the right to make substitutions and modifications in the specifications of any products provided that such substitutions or modifications do not materially affect the performance or integrity of the products or the purposes for which they can be used.
Osteogene Tech disclaims all warranties, unless expressly provided in writing to the user, whether express or implied, written or oral, with respect to the products, including any warranties of merchantability or fitness for a particular purpose. The maximum liability arising out of the sale of the products or their use, whether based upon warranty, contract, tort, or otherwise, shall not exceed the actual payments received by Osteogene Tech in connection therewith. In no event shall Osteogene Tech be liable for special, incidental, or consequential damages, including, but not limited to, loss of profits, loss of data, or loss of use damages arising hereunder or from the sale or use of the products.
The user shall indemnify, defend, and hold Osteogene Tech harmless against all claims, liabilities, damages, expenses, judgements, and losses, including reasonable attorneys’ fees, arising from their use and/or misuse of the products. No sale of any products shall be construed as granting the user any license or other proprietary or intellectual property rights applicable to the products. The user may not alter or remove, and shall abide by, any patent, trademark, copyright, trade secret, proprietary or other notices contained on or in the products.
Osteogene Tech Corp’s manufacturing site in Norwood, New Jersey shall be the sole place of delivery for all delivery and payment obligations under these Terms and Conditions.
The governing law and venue for any disputes arising out of any purchase shall be exclusively the law and state and federal courts of the State of New Jersey. The application of the United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded.
If any or several of the above provisions should be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue to be in effect. The invalid provision(s) shall be replaced by a valid provision closest to the intended economical purpose of the invalid provision(s).
Osteogene Tech Corp reserves the right to modify the above Terms and Conditions at any point in time. Revised versions of the Terms and Conditions will be available on this Website and will be effective immediately upon their modification. Users are responsible for reviewing the renewed Terms and Conditions of Purchase as they change. With continued use of the Website post-revision of the Terms and Conditions, users agree and accept to abide by these new guidelines.
Updated: October 2022