These Terms were last updated on 26th January 2024.
1 Ordering Products and/or Services
1.1 When you place an order for a Product and/or Service with us, including on our Website at exsurgo.com, you are offering to purchase that Product and/or Service from us. Acceptance of your order and formation of an agreement between us will not take place unless and until you have received the Order Confirmation.
1.2 Each order for Products, once accepted by us as set out below, forms a binding agreement on these terms, the terms set out in our quote for those Products (if any).
1.3 You will be taken to have placed your order when the electronic instruction containing the order from you enters and is recorded in our database and we receive payment in full from you for that order.
1.4 We reserve the right to not accept or to cancel any order from you (including any subscription) notwithstanding that you have paid (in whole or in part) for the order including, without limitation, where stock is not available, there has been an error in the advertised price or Product/Service description or if we believe (in our reasonable opinion) that the applicable order has been placed fraudulently or otherwise in breach of these Terms of Sale. If we do so, we will attempt to notify you using the e-mail address you provide to us.
1.5 In the event that payment has been made and your order is not accepted by us and/or cancelled, we will refund the purchase price to you in full.
2 Order Acceptance
2.1 You confirm that you are aged 18 years or over and you are legally entitled to purchase Products from us.
2.2 You understand the Products have been sold in accordance with regulatory approval in the jurisdiction being sold, and you agree to use the Products in accordance with their authorized intended use and indications and to take full responsibility for any use that is not in compliance with this authorization.
2.3 You own the Products once we have received payment in full, including all applicable delivery charges that and we have delivered the Products to you.
3 Price and Payment
3.1 The prices of our Products and Services will be as posted on the Website or (if applicable) in a quote. Prices set out in a quote are only valid until the expiry date listed in that quote or, if none is stated, for 30 days from the date of the quote.
3.2 Order processing is contingent upon card approval and may be delayed should we experience difficulties in obtaining authorisation.
3.3 Unless expressly stated otherwise, the price for a product and/or service includes goods and services, value-added, sales or any other taxes of a similar nature (where applicable), and excludes extended warranties, delivery or handling charges (where applicable).
3.4 If an order appears fraudulent in any way, we reserve the right to cancel the order and notify the card holder and the proper authorities.
4 Warranties
4.1 We warrant that the Products will:
- a) at the time of delivery, meet the specifications in the quote or otherwise agreed in writing in all material respects; and
- b) for Products sold in the UK and EU: for 24 months from delivery, be free from material defects in design, workmanship and materials; or
- c) for Products sold outside the UK and EU: for 12 months from delivery, be free from material defects in design, workmanship and materials;
4.2 If our Products do not meet the warranty in clause 4.1, we will, at our discretion:
- a) replace the Product;
- b) provide you with a credit for the price paid for the Product, which you can apply against future orders; or
- c) refund the price paid.
4.3 This warranty does not cover consumables such as batteries, electrodes, water applicator pens and ear pads.
4.4 Our obligation under this clause 4.2 is your sole remedy against us for breach of warranty.
4.5 The warranties in clause 4.1 are return-to-base. If you wish to make a warranty claim, you must contact us at support@exsurgo.com to obtain a Return Merchandise Authorization (RMA) number. Unless we agree otherwise, you will be responsible for all costs of shipping the defective Product to the service location advised by us when you obtain your RMA number.
4.6 After we receive your return, we will process the return and issue any applicable refund or credit as soon as commercially reasonable under the circumstances of the return.
4.7 The warranties in clause 4.1 do not apply if the serial number has been removed or defaced, or if a defect is attributable to:
- a) repair or modification by anyone other than us;
- b) handling, storage or use in a manner other than in accordance with our specifications and Instructions For Use or not deemed Reasonable Use by us;
- c) accidental or deliberate damage caused by anyone other than us; or
- d) fire, water, or other events outside our control after the date the Product is shipped to you.
4.8 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY SET OUT IN CLAUSE 4.1, THE PRODUCTS ARE PROVIDED “AS IS” AND THE WARRANTIES SET OUT IN THIS CLAUSE 4 ARE EXPRESSLY IN LIEU OF, AND WE EXPRESSLY DISCLAIM, ANY AND ALL OTHER CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY, QUALITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
5 INTELLECTUAL PROPERTY
5.1 All intellectual property rights including copyright, patents, design rights, trademarks, software and licenses in, or related to, our Products and/or Services and all derivative works based thereon, remain the property of Exsurgo and/or our licensors.
5.2 No part of this Website, the Products and any accompanying documentation, including but not limited to, the trademarks, logos, names and product listings, may be copied, modified, deconstructed, decompiled, reverse-engineered, extracted or otherwise reproduced, in any form whatsoever, without the express written consent of Exsurgo (and/or, if applicable, the licensor). The posting of information or materials on our Website does not constitute a waiver of any right in such information and materials.
5.3 All references in these Terms to the “purchase” or “sale” of the Product means the acquiring or granting, respectively, of a non-exclusive, non-transferable and royalty free license to the intellectual property solely in conjunction with and to enable the use and maintenance of our Products and/or Services.
5.4 If you wish to publish, present or otherwise publicly disclose any data or results of any research carried out using our Products or any conclusions or discoveries that are based on such data or results, you must:
- a) submit the proposed publication, presentation or disclosure to us for review at least 30 days before the intended date of submission for publication, presentation or disclosure (as applicable); and
- b) if notified by us within 20 days of submission of the proposed publication, presentation or disclosure to us:
- i. delay submission for publication, presentation or disclosure (as applicable) for up to 60 days from receipt of our notice to enable the filing of patent or other applications to protect any registrable intellectual property rights in any subject matter in which we have an interest;
- ii. amend the proposed publication, presentation or disclosure (as applicable) as reasonably requested by us to ensure our Products are represented accurately and any references to our technology and intellectual property rights are accurate; and
- iii. remove any of our commercially sensitive confidential information from the proposed publication, presentation or disclosure (as applicable).
6 GOODS NOT FOR RESALE OR EXPORT
6.1 You agree to comply with all applicable laws and regulations of New Zealand. You represent and warrant that you are buying products or services for your own personal, family, or household use only, and not for resale or export.
WAIVERS AND SEVERABILITY
7.1 Failure by us to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision.
7.2 If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions respectively and will not affect the validity or enforceability of the remaining provisions.
7.3 Any waiver by us must be in writing and signed by us.
7.4 Any variation to the Terms must be in writing and signed by both parties.
AMENDMENT AND ASSIGNMENT
8.1 We may amend these Terms and Conditions from time to time. You will be subject to the latest version of the Terms and Conditions in force at the time that you place an order for Products and/or Services. Please ensure you review these Terms and Conditions carefully any time you place an order with us.
GOVERNING LAW
9.1 These Terms are governed by the laws of New Zealand. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in New Zealand.
General
10.1 If we need to contact you, we may do so by mail, email, via the Cloud Services or by posting a notification through the App. You agree that this satisfies all legal requirements in relation to written communications.
Contact Us
11.1 If you have any questions, complaints or claims in relation to these Terms or the Products or Services provided, please contact: support@exsurgo.com