Terms of Service
1. Introduction
Welcome to Arraymed. These Terms of Service (“Terms”) govern your access to and use of the Arraymed website located at [WEBSITE URL] (the “Site”) and your purchase of medical equipment and related products (the “Products”) from Arraymed (“Arraymed,” “we,” “us,” or “our”).
Arraymed is a distributor and seller of medical equipment operated by ArrayMed Private Limited, having its registered office at 110, 2nd Cross Rd, Hal, HAL 3rd Stage, Stage 3, New Thippasandra, Bengaluru, Karnataka 560075, India.
By accessing the Site or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use the Site or purchase our Products.
2. Eligibility
The Products sold on this Site are medical devices and equipment. Certain Products may only be sold to, purchased by, or used by licensed healthcare professionals, registered medical institutions, or other qualified entities as required under applicable law.
By placing an order, you represent and warrant that:
- You are at least 18 years of age and legally capable of entering into a binding contract.
- You hold any licenses, registrations, or authorizations required to purchase and use the Products.
- All information you provide is accurate, current, and complete.
- You will use the Products only for their intended, lawful purpose.
Arraymed reserves the right to request proof of eligibility and to refuse or cancel any order where such requirements are not met.
3. Products and Regulatory Compliance
- The Products are medical devices regulated under applicable Indian law, including the Medical Devices Rules, 2017 and the Drugs and Cosmetics Act, 1940, where applicable.
- Product descriptions, specifications, and images are provided for general information. We take reasonable care to ensure accuracy but do not warrant that all information is error-free, complete, or current.
- It is your responsibility to ensure that any Product you purchase is suitable and approved for your intended clinical or operational use, and that you comply with all installation, calibration, training, and usage requirements.
- Products must be operated by appropriately trained and qualified personnel in accordance with the manufacturer’s instructions for use.
4. Orders, Pricing, and Payment
- All prices are listed in Rupees and are exclusive/inclusive of applicable taxes as indicated at checkout (including GST where applicable).
- Prices are subject to change without notice, but changes will not affect orders already accepted by us.
- Your order constitutes an offer to purchase. A contract is formed only when we confirm acceptance of your order and/or dispatch the Products.
- We reserve the right to refuse or cancel any order for reasons including product unavailability, errors in pricing or description, suspected fraud, or failure to meet eligibility requirements.
- Payment must be made through the methods offered at checkout. You represent that you are authorized to use the chosen payment method.
5. Shipping and Delivery
- We will make reasonable efforts to deliver Products within the estimated timeframes, but delivery dates are estimates and not guaranteed.
- Risk of loss and title for Products pass to you upon delivery to the address you provide [OR upon dispatch — confirm with counsel].
- You are responsible for providing accurate delivery information and for inspecting Products upon receipt. Any visible damage or discrepancy should be reported within [NUMBER] days of delivery.
- Certain large or specialized equipment may require professional installation, which may be arranged separately and subject to additional charges.
6. Warranties
- Products are covered by the applicable manufacturer’s warranty, where provided. Warranty terms, duration, and coverage vary by Product and manufacturer.
- Except as expressly stated and to the fullest extent permitted by law, Arraymed makes no additional warranties, express or implied, regarding the Products, including any implied warranty of merchantability or fitness for a particular purpose beyond those that cannot be excluded under applicable law.
- Warranty claims are subject to the terms and procedures of the relevant manufacturer. We will provide reasonable assistance in facilitating valid warranty claims.
7. Returns, Cancellations, and Refunds
- Due to the nature of medical equipment, returns may be restricted, particularly for sterile, single-use, custom, or opened Products.
- Our returns and refund policy is set out at [LINK TO RETURNS POLICY] and forms part of these Terms.
- Approved returns must comply with the conditions stated in our returns policy, including original packaging, unused condition, and required documentation.
- Refunds, where applicable, will be processed to the original payment method within [NUMBER] business days of approval.
8. Recalls and Safety Notices
If a manufacturer or regulatory authority issues a recall, safety alert, or field correction affecting a Product you purchased, we will make reasonable efforts to notify you using the contact details on file. You agree to cooperate with any recall or corrective action and to keep your contact information up to date.
9. Intellectual Property
All content on the Site, including text, graphics, logos, images, and software, is the property of Arraymed or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent. “Arraymed” and associated logos are trademarks of ArrayMed Private Limited
10. Acceptable Use
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Attempt to gain unauthorized access to the Site or its systems.
- Introduce malicious code or interfere with the Site’s operation.
- Misrepresent your identity, eligibility, or intended use of Products.
11. Limitation of Liability
To the fullest extent permitted by applicable law:
- Arraymed’s total aggregate liability arising out of or in connection with any Product or these Terms shall not exceed the amount you paid for the relevant Product.
- Arraymed shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or business.
- Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by our negligence, or under consumer protection law.
12. Indemnification
You agree to indemnify and hold harmless Arraymed and its officers, employees, and agents from any claims, damages, liabilities, and expenses arising from your breach of these Terms, your misuse of the Products, or your violation of any law or third-party rights.
13. Force Majeure
Arraymed shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, pandemics, supply chain disruptions, acts of government, or transportation failures.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of India. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of [CITY, STATE], India. [Optional: insert arbitration clause if desired — confirm with counsel.]
15. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on the Site with a revised “Last Updated” date. Your continued use of the Site or purchase of Products after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
For questions about these Terms, contact us at:
Arraymed — ArrayMed.Private Limited
110, 2nd Cross Rd, Hal, HAL 3rd Stage, Stage 3, New Thippasandra, Bengaluru, Karnataka 560075, India.
Email: gaurav@arraymed.co.in
Phone: 9606705675