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OrthoFlex Orthodontic Products Terms of Sale
Effective Date of Terms and Conditions; Modification; Website
These Terms and Conditions of Sale (“Terms”) are effective for all purchases and orders placed by any buyer (“Buyer” or “You”) with Ortho Solutions, LLC (“OrthoFlex” or “Company” or “we/us”) on or after April 01, 2019 (the “Effective Date”).
Unless otherwise agreed in writing by OrthoFlex, on and after the Effective Date, these Terms will supersede all prior terms and conditions regarding the purchase by Buyer and sale by OrthoFlex of any and all dental or medical devices or other dental or medical products manufactured or sold by OrthoFlex (the “Products”).
OrthoFlex reserves the right to further modify these Terms from time to time (the “Modified Terms”) either upon written notification to Buyer by Canada post mail, electronic mail, or by posting any changes on the OrthoFlex Products website (www.ortho-direct.com or www.OrthoFlex.ca) (the “OrthoFlex website”), with the most current terms on the website and the Effective Date of these Terms to be at the time Buyer thereafter places an order or purchases the Products.
THE MODIFIED TERMS SHALL BE EFFECTIVE FOR ALL ORDERS PLACED BY BUYER AND ALL PURCHASES WITH OrthoFlex ON OR AFTER THE EFFECTIVE DATE SET FORTH THEREIN.
BUYER SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS AND ANY MODIFIED TERMS UPON THE EARLIER TO OCCUR OF:
Buyer signing or otherwise authenticating these Terms, or
Buyer continuing to use the website and/or placing an order with OrthoFlex or making a purchase from OrthoFlex by any method after the applicable Effective Date.
PLEASE NOTE THAT BY ACCESSING OR USING ANY PART OF THE WEBSITE OR PLACING ANY ORDER OR MAKING ANY PURCHASE, BUYER AGREES THAT BUYER HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THESE TERMS AND ANY MODIFIED TERMS, INCLUDING THE APPLICABLE LAW AND VENUE PROVISIONS.
IF BUYER DOES NOT AGREE TO BE SO BOUND, BUYER SHOULD NOT ACCESS OR USE THE WEBSITE OR MAKE A PURCHASE FROM OrthoFlex.
The Practice of Buyer
Our customer is the doctor who orders the Product and not the doctor’s patient.
If a practice, partnership, corporate body, or other legal entity for or with which the doctor works is named on the invoice and/or that practice pays the invoice(s), then we are entitled to assume that it is the doctor who uses the OrthoFlex Products and places orders with the authorization of, for, and on behalf of that entity (the “Practice”).
Under these circumstances, the Practice will also be our customer, and the doctor and the Practice shall be jointly and severally liable for obligations in these Terms which are obligations of “Buyer.”
The doctor and the Practice must read and understand these Terms before downloading any materials or software, uploading patient information, or placing any order, because in each case, a contract will be formed, and Buyer will be bound by these Terms which will govern that contract.
Limitation of Liability
OrthoFlex does not practice dentistry or any other practice of medicine.
Buyer is solely responsible for the selection and use of Products regardless of any input from OrthoFlex and regardless of the qualifications of the OrthoFlex employee assisting with the selection.
The final medical, dental, or orthodontic decision remains at all times with Buyer.
Receipt and acceptance of the order (including phone orders) constitutes a binding order between Buyer and OrthoFlex.
EXCEPT AS EXPRESSLY PROVIDED IN DYNAFLEX’S WRITTEN WARRANTY STATEMENT BELOW FOR THE PRODUCT AND THESE TERMS, THE PRODUCT IS SOLD “AS IS”, AND OrthoFlex MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND THE PARTIES EXPRESSLY EXCLUDE ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND PRODUCT QUALITY.
IN NO EVENT SHALL OrthoFlex BE LIABLE TO BUYER OR ANY PATIENT OF BUYER FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES OR DAMAGE OF ANY KIND ARISING OUT OF THE SALE, FUNCTIONING, OR USE OF ANY PRODUCT.
Warranty and Conditions
OrthoFlex warrants that the Products will conform to their description, they will be free from substantial defects in material and workmanship, and they will be of satisfactory quality within the industry for sixty (60) days from the date of delivery.
Cancellation
Orders can only be cancelled if cancellation is received before shipment.
General
Includes interpretation, severability, force majeure, jurisdiction, and entire agreement clauses.