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All Sales are final. Invasix Grants no right of return.
Due to continuing improvements, prices and specifications are subject to change without notice.
Invasix reserves and the Customer grants to us, a security interest in all Products sold and all proceeds to secure the full payment.
Limitation of Liability. Limitation of Invasix Liability: Customer understands and agrees Invasix’s liability shall not under any circumstances exceed the amount of the unit price stated in this Agreement or paid by Customer to Invasix. Customer further understands that customer shall be fully liable for all indirect, special, incidental, consequential or exemplary damages related to Customer’s use, operation, maintenance and handling of the Product, including but not limited to incidental or consequential damages for injury to person or property, lost profits, lost sales or any other incidental or consequential loss, whether foreseeable or not and whether related to any actions or conduct by Customer, or Customer’s staff, assistants or employees.
No Responsibility for Medical Care. Invasix makes no representations or warranties regarding federal, state or local laws, rules or regulations, or medical or treatment guidelines that might apply to the use and operation of the System. Invasix is not providing medical care or assistance or advice to Customer or its patients or clients. Customer has the sole responsibility for the provision of any medical and/or surgical or other procedures performed through, in conjunction with, or by the use in any way, of the System. Customer agrees to indemnify, defend, protect and hold Invasix free and harmless from and against any and all liabilities (including but not limited to costs, damages, expenses, attorney’s fees and costs) for any claims for bodily injury, death or other damage arising out of the use or operation of the System.
Authority for Customer Purchase. Federal, state or local law may restrict the sale of the System to or at the order of a physician, dentist, veterinarian or other practitioner licensed in the state in which the System is used or ordered. Customer acknowledges that Customer is authorized to make this purchase and will ensure that, where necessary, the System will only be operated under proper supervision or at any required direction of a medical or health care practitioner in accordance with all applicable laws, rules and regulations. Customer is also solely responsible for the use and operation of the System in accordance with all medical and treatment guidelines and for ensuring that each operator of the System is adequately trained and qualified to use and operate the System safely and properly in a clinical setting and to perform medical procedures in accordance with all laws, rules, regulations and guidelines.
No Assignment. Except as otherwise permitted by the Agreement, the Agreement is not transferable or assignable by Customer.
Termination of Use. Customer acknowledges that its use of the Product is subject to compliance with the usage and other requirements described in this Agreement (including, without limitation, the “Authorized Use” provisions above). Customer’s authorization to operate the Product and license to the software will terminate automatically in the event Customer fails to comply with such requirements. In such event, in addition to any other remedies available to Invasix under applicable law, Customer expressly agrees that Invasix will have the right to cease selling Products to the Customer, including but not limited to supplies and consumables.
Attorneys’ Fees and Costs. In the event Customer or Invasix brings any suit or other legal proceeding (including arbitration) with respect to the subject matter, interpretation or enforcement of this Agreement, the prevailing party (as determined by the court, agency, arbitrator or other authority before which suit or legal proceeding or arbitration is commenced) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys’ fees, expert witness fees, statutory and non-statutory expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys’ fees, expert witness fees, expenses and costs incurred in appellate proceedings, costs incurred in establishing the right to indemnification, or in any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11, or 13 of the Bankruptcy Code, 11 U.S.C. 101 et seq. or any successor statutes).