Terms of Service

 

  1. Acceptance of Terms

By accessing or using any features of the Site, including the purchase of products you agree to be bound by these Terms of Service.  We reserve the right to change the Terms of Service at any time without prior notification.  The Terms of Service are legally binding terms with respect to your use of any Site owned and/or managed by CooperSurgical, Inc.  By using these Sites, you agree to these Terms of Service, which govern your use of these Sites and Services.  You can review the most current and complete version of the Terms of Service at any time.

  1. Description and Use of Services
    CooperSurgical currently offers the following online services: ordering, tracking, reporting of historical purchase data, education and social networking.  As provided by CooperSurgical, these functions are collectively referred to as the ‘Services’.  CooperSurgical reserves the right to add, delete and/or modify Site content at any time without prior notification.  CooperSurgical reserves the right to modify, deny or suspend your access to the Services at any time without notice to you. 

    Information provided by you will be subject to CooperSurgical’s Internet Privacy Policy (section #18).  CooperSurgical uses Secure Socket Layer (SSL) technology to help protect information passing over the internet.  To take advantage of this your browser must have certain encryption capabilities such as those included in version 4.0 and higher of Microsoft Explorer®, Apple Safari® and FireFox®. 

  2. Registration Requirements and Use Obligations
    Upon registration you will receive a password and user ID.  By terms of the agreement you will be responsible for maintaining your password as confidential and for any activity that results from its use on the Site.  You agree to immediately notify CooperSurgical Customer Service at 1-800-243-2974 or 1-203-601-5200 in the event that your password is lost or stolen, or you become aware of any unauthorized use of your password or you become aware of a breach in security that might affect the CooperSurgical Services.  CooperSurgical is not responsible for any loss or damage arising from your failure to comply with the provisions in this section.

    You agree to use this Site only for lawful purposes.  Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only.  Unauthorized persons attempting access these areas of the Site may be subject to prosecution.

  3. Indemnity
    You agree to indemnify, defend, and hold harmless CooperSurgical from any liability, loss, claim and expense (including reasonable attorneys’ fees) related to the use of this Site, its Content or Services resulting from your violation of this agreement.

  4. No Commercial Reuse of Information
    All content on the Site is solely owned and controlled by CooperSurgical and is protected by worldwide copyright laws.  You are permitted to download any content for your personal use providing it is for non-commercial purposes.  No further modification or duplication of the content is permitted.  Should you desire to use any content on the site including but not limited to photography, graphic illustrations or clinical data for the purposes of educational conferences or publication, please contact us for a release.  In lieu of the preceding, the content may not be copied or used in any way.

 

  1. Termination
    You acknowledge and agree that CooperSurgical may terminate your password and/or access privileges without notice to you for any reason, including, without limitation, if: you do not use the Site Services for what CooperSurgical deems at its sole discretion an extended period of time; CooperSurgical believes you have violated the Terms of Service; CooperSurgical deems that you have acted in an objectionable manner.  You agree that termination of Service will not result in any liability to you or any third party.

  2. Notice
    CooperSurgical reserves the right to contact you by email, phone, fax, regular mail, certified mail, or return receipt requested to the contact information provided during registration.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.  Should you elect not to receive promotional materials sent you may elect to unsubscribe from the promotional mailings but will still be obligated to receive business communications from CooperSurgical electronically as outlined above.

  3. Pricing Policy
    Pricing agreements will be maintained through the term of any contracts.  Prices not covered by contract are subject to change without notice. 

  4. Payment Terms
    The Site permits payment using purchase orders and/or credit cards (MasterCard, Visa and American Express).  Method of payment will be established at registration based on your account activity with CooperSurgical.  All sales are subject to credit approval.

  5. Shipping Policy
    CooperSurgical ships via UPS or FedEx based on customer preference.  On check out select your preferred carrier and enter your account number or use the CooperSurgical account.  If you elect the CooperSurgical account your final bill will reflect the shipping charge for your order.  Unless otherwise agreed, freight terms are FOB Shipper’s Dock.  Title passes at the time the shipment is loaded. 

                                                               i.      Goods will be accepted for return for the following reasons:

·         If shipment was made without Customer’s authorization or order

·         If incorrect items were shipped

·         If defective items were shipped

·         If defective goods are covered by the standard warranty


    • Return Policy (cont’d)

                                                               i.      To return goods, you must contact a Customer Service Representative by telephone at 1-800-243-2974 or 1-203-601-5200 for a Returned Goods Authorization (RGA) number.  Items may not be accepted without an RGA number.

Please have the following information available when you call:

·         Reason you wish to return the goods

·         Quantity, description, part number, serial number of the goods

·         Date of Receipt of Order

·         Your Purchase Order Number and CooperSurgical’s Invoice Number

·         All used instruments must be cleaned and sterilized prior to shipment

                                                              ii.      Shipment must be sent prepaid by you.  Freight collect shipments will not be accepted and goods will be returned to sender.

                                                            iii.      If you intend to return equipment ordered in error, the following restocking charges and terms apply:

·         25 percent within 60 days from the date of shipment

·         Goods must be returned unused, in the original carton, and in marketable condition

·         Refurbishing and replacement charges will be added to the restocking charges for damaged or missing items

·         No returns are accepted after 60 days

·         No refunds will be made on sterile, single-use disposable products

                                                            iv.      All returns should be sent to:
CooperSurgical
95 Corporate Drive
Trumbull, CT 06611


  1. Health and Product Information
    This Site is designed to provide general information about treatment options for conditions commonly seen by women’s health care providers as they relate to the CooperSurgical portfolio.  The information provided on this Site is not intended in any way to be construed as medical advice nor substituted for clinical training.  As always health care providers should use their best clinical judgment and experience in selecting the appropriate care for their patients.

  2. Regulated Products and Controlled Substances
    Regulations require that CooperSurgical limit the sale of Rx and controlled substances only to registered, licensed health care professionals,  If you are a new customer or have recently moved, please furnish a copy of your current state registration.

 

  1. Disclaimer of Warranties
    THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION OR TYPOGRAPHICAL ERRORS.  COOPERSURGICAL WILL MAKE ALL REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION PRESENTED ON THE SITE IS ACCUATE AND UP-TO-DATE BUT MAKES NO WARRANTIES OR ASSURANCES (EITHER EXPRESSED OR IMPLIED) AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PRESENTED. COOPERSURGICAL WILL NOT BE LIABLE FOR DAMAGE OR INJURY THAT MAY ARISE FROM USE OF OR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE OR FROM YOUR INABILITY TO ACCESS THE SITE.  COOPERSURGICAL ASSUMES NO REPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGE OR INJURY TO YOU, OR YOUR EQUIPMENT INCLUDING BUT NOT LIMITED TO VIRUSES OBTAINED THROUGH ACCESS OF THE SITE OR FROM DOWNLOADING MATERIALS FROM THE SITE.

    PRODUCT WARRANTIES:
    ALL HAND-HELD INSTRUMENTS ARE WARRANTED FOR TWO YEARS FROM THE DATE OF PURCHASE, TO BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIAL.  IF AN INSTRUMENT FAILS AS THE RESULT OF A DEFECT, COOPERSURGICAL IS COMMITTED TO TAKE THE NECESSARY STEPS WHICH, IN ITS SOLE DISCRETION, IT BELIEVES ARE NECESSARY TO CORRECT THE PROBLEM.  THESE STEPS MAY INCLUDE, BUT ARE NOT LIMITED TO, REPAIR, REPLACEMENT, OR SUPPLYING AN ALTERNATIVE INSTRUMENT.

    THIS WARRANTY DOES NOT COVER GENERAL MAINTENANCE SUCH AS CLEANING AND SHARPENING SERVICES REQUIRED AS A RESULT OF NORMAL USE.  IT DOES NOT INCLUDE DAMAGE THAT IS CAUSED BY MISUSE, IMPROPER CARE, IMPROPER USE OF CHEMICALS OR CLEANING METHODS, LOSS, THEFT, SERVICING BY NON-AUTHORIZED PERSONNEL, OR NEGLIGENCE ON THE PART OF YOU.

    CAUSE WILL BE EXCLUSIVELY DETERMINED BY COOPERSURGICAL’S EXPERT EVALUATION.  COOPERSURGICAL STANDS BY ITS PRODUCTS AND IT IS OUR POLICY TO MAKE SURE THAT OUR CUSTOMERS ARE SATISFIED.  FIVE-YEAR FREE SHARPENING IS AVAILABLE ONLY ON PUNCHES SPECIFICALLY NOTED AND ONLY IF ENOUGH METAL IS AVAILABLE ON THE TIP TO ENABLE SHARPENING.

    COOPERSURGICAL WARRANTS THAT SINGLE PATIENT USE PRODUCTS ARE COVERED BY A LIMITED 90 DAY WARRANTY AGAINST DEFECTS IN WORKMANSHIP OR MATERIALS THAT ARE DISCOVERED PRIOR TO INITIAL USE OR EXPIRATION.

    MATERIALS AND WORKMANSHIP ARE GUARANTEED BY COOPERSURGICAL FOR ONE FULL YEAR FROM DATE OF PURCHASE,  IF A UNIT FAILS DUE TO A MANUFACTURING DEFECT, COOPERSURGICAL WILL REPAIR OR REPLACE IT, AT OUR OPTION, FREE OF CHARGE.

    THE FOREGOING WARRANTY IS IN LIEU OF ANY OTHER WARRANTY WITH RESPECT TO COOPERSURGICAL PRODUCTS.  COOPERSURGICAL GRANTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

  1. Limitation of Liability
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT COOPERSURGICAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR OTHER LOSSES (EVEN IF COOPERSURGICAL HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH LOSSES) RESULTING FROM:  THE USE OR INABILITY TO USE THE SITE OR THE SERVICES; THE COST OF PROCUREMENT OF ANY SUBSTITUE PRODUCTS AN/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED; ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES; OR ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES.

  2. Links
    The Site may contain links or references to other web sites operated by parties other than CooperSurgical.  Such links are provided for information only.  These sites are not under the control of CooperSurgical and the company accepts no responsibility for the information provided on these sites.  All links are provided as a convenience and are not to be construed as an endorsement of the site or its content.  Using a link to an external site is at your own risk.

  3. Copyrights and Trademarks
    The information, data, software, photographs, video, typeface, graphics, images, illustrations, designs, icons, and other material contained on this Site are owned and controlled by CooperSurgical and/or various third party providers.

    © 2008 CooperSurgical, Inc.  Worldwide rights reserved.

    Reproduction and storage of information or works retrieved from this Site, in all forms, media, technology now existing and hereafter developed is subject to the United States Copyright Act 1976, Title 17 of the United States Code and applicable international treaties.

    CooperSurgical and other names and brands associated with CooperSurgical’s products and/or services are trademarks of CooperSurgical, Inc.  The use of any name, trademark, service mark, symbol or other proprietary designation or marking belonging to any other person or entity on this Site should not be construed as an endorsement or sponsorship of this Site by any such person or entity in the offering of goods and services or information available through this Site.

    Permission to use the CooperSurgical name or any information provided in this Site, advertising or publicity is not granted without specific, prior written permission.  All images contained herein are owned or licensed by CooperSurgical for use on this Site only.  Unauthorized use of any images is prohibited.

  4. International Accounts
    We provide product and services throughout the world using a network of independent distributors.  Due to contractual agreements we are not permitted to provide select Services, such as on-line ordering, directly to International accounts.  Please continue to place your orders in the usual manner.

 

  1. Internet Privacy Policy
    CooperSurgical respects your privacy and is committed to providing a safe secure web site for your use.  Although we do have cookies on the Site no personal data is collected.  We use session ID cookies.  Once the session ends the cookie terminates.  If you do not choose to accept cookies from CooperSurgical Commerce Connection you will not be able to use this Site to purchase product.

    We will monitor Site traffic and usage patterns to improve Site design and operation as well as the product, programs and services we provide.  This information is not personal in nature and may include:

Business Relationships

 

The Site may contain links to other Web Sites for our business partners or other companies which are not affiliated with CooperSurgical.  These links have been provided as a convenience to our users.  We are not responsible for the privacy practices or the content of those Sites, and we encourage you to use caution when visiting them,  In particular, we recommend you view the privacy policy posted on each Site.

 

  1. General information

19.  General information (cont’d)