Conditions of Product Use
1. PRODUCTS PURCHASED BY USER FROM DISTRIBUTOR OR DIRECT
The following Conditions of Use apply to all users of June Medical Inc. (JMI) products(s) who have purchased JMI product(s), INCLUDING FROM from a distributor of JMI. Any and all claims, questions or concerns must be directed, in the first instance, to the distributor from whom the user has purchased the Product(s).
Please consult your agreement with the JMI distributor from whom you purchased JMI Products(s) for information about returns.
3. PRODUCT USAGE
Product usage is the sole responsibility of the healthcare provider and purchasing hospital: All usage of product shall be in accordance with approved Instructions For Use (IFU) provided by the distributor in the packaging. By purchasing and using the product(s) the hospital agrees that the healthcare professional is fully trained to use the product in accordance with IFU and can apply same with the hospital’s own standards of care. The user will provide the patient with a pre-operative patient information leaflet relevant to the product which includes, an explanation of terms, details on surgical and non-surgical treatment options, possible risks, useful resources, expectations from surgery and information checklists; and will obtain a valid consent form signed by both patient and healthcare professional which will be retained by the healthcare provider.
The user accepts full responsibility for the surgical outcome. The user indemnifies JMI against any and all claims arising from the use of this product
4. DAMAGED PRODUCT(S):
The product(s) have been packed in outer box packaging and are in perfect condition as they leave JMI. Always thoroughly inspect the goods for potential damage before accepting delivery. Claims for damage of goods should be made in accordance with your agreement with the distributor. Notwithstanding the foregoing sentence, it is suggested that any such claims be made verbally to the distributor within 24 hours of receipt of products(s) and followed up in writing to the distributor and carrier within three days of receipt of products(s).
5. WARRANTY AND DISCLAIMER OF WARRANTIES:
a. JMI warrants that the products will be free from any defects in workmanship or material. Such warranty shall extend until and expire upon JMI’s expiration date stamped upon the product packaging (Warranty Period). In the event of a defect in workmanship or material in the product(s) develops within the Warranty Period as a result of normal, proper and intended use of the product(s), JMI will, conditioned upon compliance with the below Section 6, repair or replace, at JMI’s sole and exclusive option, the defective product provided that the user provides to the distributor written notice of any such defect, which notice is received by the distributor within the Warranty Period and describes the defect in detail and with specificity. The allegedly defective product(s) shall be delivered to distributor in accordance with user’s agreement with distributor. Notwithstanding the forgoing, the allegedly defective Product(s) shall not be returned to JMI without the issuance by JMI of a Material Return Authorization. JMI’s obligation for lot traceability of a shipped Product is limited to the tracking of the original packaging in which the product was shipped to the distributor. Once the product is removed from its original packaging, it is user’s obligation to track the product and maintain lot traceability in order to support a warranty claim.
b. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND JMI HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO EMPLOYEE, DISTRIBUTOR OR AGENT OF JMI, OTHER THAN AN AUTHORISED OFFICER OF JMI, IS AUTHORISED TO MAKE ANY WARRANTY IN ADDITION TO THE FOREGOING.
6. LIMITATION OF LIABILITY:
a. Any claim against JMI, must be made in writing and received by JMI within ten (10) days of the date upon which user knew or should have known of the existence of the alleged claim. Such writing must be accompanied by a full statement of the facts giving rise to the existence of the alleged claim. Any claims not satisfying this condition shall be deemed waived. Upon the approved return of any such product, JMI shall have the sole and exclusive option to replace such product with conforming product or return the distributor’s purchase price to distributor, who is obligated, in turn to provide same to user.
b. THE EXCLUSIVE AND SOLE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ALLEGED BREACH OR WARRANTY, PRODUCT LIABILITY, NEGLIGENCE OR OTHERWISE SHALL BE FOR MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY DISTRIBUTOR FOR THE PRODUCT IN RESPECT TO WHICH THE CLAIM IS MADE. IN NO EVENT SHALL JMI BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER USER’S CLAIM IS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IN CONSIDERATION OF THE SALE BY DISTRIBUTOR OF THE PRODUCT TO USER. THIS LIMITATION APPLIES REGARDLESS OF WHETHER JMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE DUE TO USER’S ANTICIPATED USE, AND INCLUDES WITHOUT BEING LIMITED TO, LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWNTIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALISE ANTICIPATED SAVINGS, LOSS OF USER PROPERTY OR ANY LIABILITY OF USER TO A THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGE OR LOSS INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, UNLESS SUCH IS CAUSED BY JMI’S GROSS NEGLIGENCE.