Website Terms & Conditions of Use
AMT Legal Disclaimers
This site is not intended for children under the age of 13. We will not knowingly collect information from site visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose to Web sites.
Active Information Collection
Like many Web sites, this site actively collects information from its visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail, feedback forms, and/or chat rooms. Some of the information that you submit may be personally identifiable information (that is, information that can be uniquely identified with you, such as your full name, address, e-mail address, phone number, and so on). Some areas of this site may require you to submit information in order for you to benefit from the specified features (such as newsletter subscriptions, tips/pointers, order processing) or to participate in a particular activity (such as a promotion). You will be informed at each information collection point what information is required and what information is optional.
Passive Information Collection
As you navigate through this Web site, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.
We use Internet Protocol (IP) addresses on this site. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site, and administer and improve the site.
A “cookie” is a bit of information that a Web site sends to your Web browser that helps the site remember information about you and your preferences.
Session cookies are temporary bits of information that are erased once you exit your Web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on Web sites and to collect aggregate statistical information. This site uses session cookies.
Persistent cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., passwords), helping to determine what areas of the Web site visitors find most valuable, and customizing the Web site based on your preferences. This site uses persistent cookies.
“Internet tags” (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the Web site server information such as the IP address and browser type related to the visitor’s computer. We do not use Internet tags at this site.
“Navigational data” (“log files,” “server logs,” and “clickstream” data) are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. This site uses navigational data.
Use and Disclosure of Information
If you provide personally identifiable information to this site, we may combine such information with other actively collected information unless we specify otherwise at the point of collection. We will take reasonable measures to prevent personally identifiable information from being combined with passively collected information, unless you consent otherwise.
iii. where required by applicable laws, court orders, or government regulations. In addition, we will make full use of all information acquired through this site that is not in personally identifiable form.
Access and Correction
To keep your personally identifiable information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personally identifiable information in our possession that you have previously submitted via this site.
We take reasonable steps to protect your personally identifiable information as you transmit your information from your computer to our site and to protect such information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from this site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Moreover, where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.
Links to Other Web Sites
How to Contact Us
Applied Medical Technology, Inc.
8006 Katherine Boulevard
Brecksville, Ohio 44141
Effective December 30, 2014.
All content of this Internet site is owned or controlled by Applied Medical Technology, Inc. and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way.
This web site does not provide medical advice. Should you have any questions regarding your medical condition and/or the use of the contents of this website, please consult a physician. This web site should be used for general educational information only.
Complete information regarding these products is included as a package insert with the products when they are shipped.
The information contained in this web site is intended for residents of the United States only.
The owners of this site 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. The owners of this site shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet site, or from your reliance on any information provided at this Internet site.
This Internet site may provide links or references to other sites but the owners of this site have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of this Internet site.
The trademarks, service marks, trade names, trade dress and products in this Internet site are protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of the owners of this site, except to identify the products or services of the company.
The sender of any communications to this Internet site or otherwise to the owners of this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
Terms and Conditions of Sale
- Acceptance and Agreement.ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON BUYER’S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON SELLER UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF SELLER. ANY ADDITIONAL OR DIFFERENT TERMS, ADDITIONS OR EXCEPTIONS PROPOSED BY BUYER (WHETHER IN A PURCHASE ORDER, OTHER PRINTED FORM OR ELSEWHERE) ARE OBJECTED TO AND HEREBY REJECTED, UNLESS SUCH TERMS, OR EXCEPTIONS ARE APPROVED SPECIFICALLY BY SELLER IN WRITING. IN THE ABSENCE OF BUYER’S ACCEPTANCE HEREOF, SELLER’S COMMENCEMENT OF PERFORMANCE OR SELLER’S ACKNOWLEDGEMENT OF A PURCHASE ORDER SHALL BE FOR BUYER’S CONVENIENCE ONLY AND SHALL NOT BE CONSTRUED AS SELLER’S ACCEPTANCE OF ANY OF DIFFERENT OR ADDITIONAL TERMS CONTAINED IN A PURCHASE ORDER. IN ADDITION, BUYER’S ACCEPTANCE OF ANY PRODUCTS SHALL BE DEEMED TO BE AN ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS OF SALE.
- Changes. Orders pursuant to these terms and conditions may only be changed in a written agreement, signed by both parties, which sets forth the specific changes to be made and the effect, if any, that such changes may have on the price or time of delivery.
- Delivery, Claims, Delays. All sales are FOB Seller’s shipping point, unless otherwise noted. Buyer shall pay shipping and freight costs, which shall be added to the invoice. Title to goods and risk of loss shall pass to Buyer upon delivery of goods to carrier. Choice of carrier and shipping method shall be at Seller’s election. Upon receipt of any goods shipped hereunder, Buyer shall inspect the goods and notify Seller in writing within 5 days after the goods have been received by Buyer of any claims for shortages, defects or damage and shall hold the defective or damaged goods for Seller’s written instructions concerning disposition. If Buyer fails to notify Seller within 5 days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by Buyer. Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including without limitation, act of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, acts of labor (such as strikes or labor difficulties), lightning, floods, windstorm or acts of God, delay in transportation, routine shutdown of Seller’s manufacturing facilities, equipment failure, shortage of raw materials or inability to obtain labor, fuel, materials, supplies or power at current prices.
- Allocation of Goods. If Seller is unable for any reason to supply the total demands for goods specified in Buyer’s order, Seller, at its sole discretion, may allocate its available supply among any or all buyers on such basis as Seller deems fair and practical without liability for any failure of performance which may result therefrom.
- Pricing and Payment.All pricing is in U.S. Dollars and is determined by negotiation between the parties for a specific order and is not dependent on pricing currently offered to other buyers, or offered in the past to other buyers. Seller specifically rejects most favored company pricing and makes no warranties or representations regarding pricing to Buyer, in comparison to others. Terms of sale are net thirty (30) days from the date of invoice, unless otherwise stated. Unpaid balances over thirty (30) days will be subject to a 1.5% monthly service charge. Buyer’s obligations to pay Seller are absolute and are not subject to any factor, counterclaim, deduction, withholding, holdback, set-off or any other condition for any reason. Buyer specifically waives any right for any reason to withhold or set-off payments it owes to Seller hereunder, whether available at law, in equity or otherwise. If the financial condition of Buyer results in the insecurity of Seller, Seller in its sole discretion, may without notice to Buyer, delay or postpone deliveries of products, change the terms of payment to payment in full or in part in advance of shipment. In the event of default by Buyer in the payment of any purchase price for goods, Seller, at its sole discretion, without prejudice to any other lawful remedy, may defer delivery, cancel any contract for the sale of goods, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price. Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney, accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof.
- Taxes and Other Charges. Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer, except for taxes of Seller’s income, shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefor; or Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
- Warranties, Limitation of Liability, Limitation of Damages.Seller warrants that its products shall conform to the product limited warranty provided at www.appliedmedical.net. THIS WARRANTY IS EXCLUSIVE AND SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, OR WARRANTY OF QUALITY, OTHER THAN THOSE EXPRESSLY SET FORTH IN THE PRODUCT LABELING, OR (II) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. BUYER UNDERSTANDS THAT NO EMPLOYEE, OFFICER, AGENT OR REPRESENTATIVE OF SELLER IS AUTHORIZED IN ANY WAY TO MAKE ANY STATEMENT TO THE CONTRARY WHICH SHALL BE BINDING ON SELLER OR TO ASSUME FOR SELLER ANY OTHER LIABILITY IN CONNECTION WITH SELLER’S PRODUCTS. Seller’s warranty shall not apply to, and Seller shall not be responsible for, any loss or damages arising in connection with the purchase or use of any product (i) which has altered in any way so as, in Seller’s judgment, to affect its stability or reliability, or which has been subject to misuse, negligence or accident, or (ii) which has been subject to improper or negligent use or storage, or (iii) which has been subject to accidental damage arising from acts of God, electrical power damage, equipment malfunction, unusual stress, unreasonable operating procedures or abnormal or extreme operating conditions or (iv) which has been used otherwise than in accordance with the instructions furnished by Seller. Seller’s sole and exclusive obligation and Buyer’s sole and exclusive remedy with respect to products proved to Seller’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller’s sole discretion, upon the return of such products in accordance with Seller’s instructions. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, EXEMPLARY, INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, OF ANY KIND RESULTING FROM ANY USE OR FAILURE OR ACQUISITION OF THE PRODUCTS, (EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE) INCLUDING WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER’S GROSS NEGLIGENCE. Claims must be brought within 1 year of shipment, regardless of their nature.
- Buyer’s Use of Products.Seller’s products are intended for the use set forth in product labeling, and are not to be used for any other purposes. Buyer warrants to Seller that the products shall not be adulterated or misbranded within the meaning of the Federal, Food, Drug and Cosmetic Act. Buyer agrees to comply with instructions furnished by Seller relating to the use of the products and not misuse the products in any manner.
- Buyer’s Representations and Indemnity. Buyer represents and warrants that it shall use all products ordered herein in accordance with Paragraph 8 (Buyer’s Use of Products). Buyer also agrees that it will satisfy its responsibilities under the Safe Harbor Regulations relating to program “fraud and abuse” promulgated under the Social Security Act and Medicare and Medicaid Patient and Program Protection Act. Buyer agrees to indemnify and hold harmless Seller, its affiliates and their respective employees, agents, successors, directors, officers, and assigns from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its directors, officers, agents, employees, successors or assigns, by Buyer’s customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other parties, arising out of, directly or indirectly, the failure by Buyer to use Seller’s products in accordance with the package labeling or the requirements of the warranty, or by reason of Buyer’s failure to perform its obligations contained herein, including without limitation, the failure of Buyer to comply with applicable law. Buyer shall notify Seller in writing within fifteen (15) days of Buyer’s receipt of knowledge of any accident, or incident involving Seller’s products which results in personal injury or damage to property, and Buyer shall fully cooperate with Seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others furnishing such information to Seller. Furnishing such information to Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.
- Patent Disclaimer. Seller does not warrant that the use or sale of the products described hereunder will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
- Returns. Goods may not be returned except with Seller’s permission, and only in strict compliance with Seller’s return shipment instructions located at www.appliedmedical.net. Returns will not be accepted over 90 days from time of shipping.
- Miscellaneous. Seller’s failure to strictly enforce any term or condition stated herein or exercise any right arising hereunder shall not constitute a waiver of Seller’s right to enforce such terms or conditions or exercise such right thereafter. All rights and remedies with regard to this order are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity. Any waiver of a default by Buyer hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision hereof shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. These terms and conditions shall be binding upon, inure to the benefit of, and be enforceable between the parties hereto, and their respective heirs, personal representatives, successors and assigns. All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of Ohio, without regard to conflict of laws provisions. Buyer shall be deemed to have conclusively agreed that venue and jurisdiction for any dispute resolution hereunder shall be solely and exclusively with a court of competent jurisdiction located in Cuyahoga County, Ohio.
- Acceptance of Terms. The terms and conditions of sale are incorporated herein and Buyer’s signature hereon or Buyer’s acceptance of goods pursuant hereto shall be deemed Buyer’s conclusive consent and acceptance to the terms and conditions of sale contained herein
APPLIED MEDICAL TECHNOLOGY, INC. (“AMT”) warrants to the original purchaser only that each new AMT product is free from manufacturing defects in material and workmanship at the earlier of (a) the time of delivery to the first purchaser, or (b) the expiration date stated on any product labeling. For purposes of this warranty, “original purchaser” means the person or entity that receives and pays for the product directly from AMT.
If any covered defect occurs during the warranty period, the purchaser should communicate directly with AMT’s home office. If purchaser seeks to invoke the terms of this warranty, the product must be returned to AMT at its home office. The defective product should be returned promptly, properly packaged and postage prepaid. Loss or damage in return shipment to AMT shall be purchaser’s risk. AMT’s sole responsibility under this warranty shall be repair or replacement, at AMT’s sole discretion, subject to the terms of this warranty and only after AMT has inspected and confirmed that the product is defective. IN NO EVENT SHALL AMT BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE ACQUISITION OR USE OF ANY AMT PRODUCT. Further, this warranty shall not apply to, and AMT shall not be responsible for, any loss arising in connection with the purchase or use of any AMT product that has been altered or repaired by anyone other than an AMT authorized representative, or which has been subject to misuse, negligence or accident, or which has been used otherwise than in accordance with the instructions furnished by AMT. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON AMT’S PART, AND AMT NEITHER ASSUMES NOR AUTHORIZES ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH AMT’S PRODUCTS.
AMT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF QUALITY AS WELL AS ANY EXPRESS OR IMPLIED WARRANTY TO PATIENTS. No warranty or guarantee may be created by any act, statement, labeling or product literature, nor may this Standard Warranty be modified in any way, except as a result of a writing signed by an officer of AMT. These limitations on the creation or modification of this warranty may not be waived or modified orally or by any conduct.
Returning Products to Applied Medical Technology, Inc. (“Supplier”)
Request for Returned Goods Authorization:
Supplier products may be returned for credit within 90 days of purchase from Supplier, subject to the following:
- Supplier cannot accept returned product that is expired, damaged, opened, tampered with, or missing any components.
- Sterile packaged products may only be returned if in the original, unopened packaging.
- Product must be in new and resalable condition, and have been purchased from Supplier within 90 days of the request to return product. Product must be returned to Supplier within 30 days of the initial RGA authorization date.
- Permission to return product is required for all returns and may be withheld at the sole discretion of Supplier.
- Restocking fees may apply and will be provided at the time of request.
If Return is Approved:
- Supplier is not responsible for the shipping costs incurred while making returns.
- All returned products must be approved for resale before a credit will be issued.
- Re-stocking fees may apply.
- Credit will be issued in the form of a credit memo, not a check.
- Please send all packages back to:
Applied Medical Technology, Inc.
8006 Katherine Boulevard
Brecksville, Ohio 44141
- The outside of the package must be marked with the assigned RGA number. Products returned without an RGA number will not be accepted or considered returned for credit.
Products processed in error by Supplier can be returned for full credit if returned within 90 days of the purchase date and in saleable condition.
G-JET, MiniONE and Monarch are registered trademarks of Applied Medical Technology, Inc.
AMT Bridle and AMT Clamp are trademarks of Applied Medical Technology, Inc.
Mic-Key® is a registered trademark or trademark of Halyard Worldwide, inc., or its affiliates.
Bard® is a registered trademark of C.R. Bard, Inc.
ENFit® is a trademark of Global Enteral Device Supplier Association, Inc. (GEDSA).