TERMS AND CONDITIONS OF SALE & MEDICAL DISCLAIMER
YOU MUST READ THESE TERMS AND CONDITIONS BEFORE PURCHASE AND ONLY PROCEED TO PURCHASE IF YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS AND CONDITIONS.
SIS Manufacturing Limited (Ltd) New Zealand (NZ) and SIS Manufacturing are our registered NZ business and trading names and how we refer to our business. These Terms and Conditions & Medical Disclaimer constitute the entire agreement between you and SIS Manufacturing Ltd in relation to your use of this website and your use of its products purchased through this website, via direct bank deposit or via credit card payment, and supersede all previous agreements in these respects. We recommend that you read this document carefully before placing your order.
These Terms and Conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
LICENSE TO USE WEBSITE
Unless otherwise stated, SIS Manufacturing Ltd NZ and/or its licensors own the intellectual property rights in this website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website) without fully crediting SIS Manufacturing Ltd and including the URL of the SIS Manufacturing Ltd website; sell, rent or sub-license material from the website; show any material from the website in public without crediting SIS Manufacturing Ltd and including the URL of the SIS Manufacturing Ltd website; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website without crediting SIS Manufacturing Ltd and including the URL of the SIS Manufacturing Ltd website;
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SIS Manufacturing Ltd’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SIS Manufacturing Ltd’s express written consent.
This website is provided “as is” without any representations or warranties, express or implied. SIS Manufacturing Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SIS Manufacturing Ltd does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any medical matter you should consult an appropriate healthcare professional.
LIMITATIONS OF LIABILITY
SIS Manufacturing Ltd and/or any person or company associated with SIS Manufacturing Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, business interruption, or loss or corruption of information or data. You agree that SIS Manufacturing Limited and/or any person or company associated with SIS Manufacturing Limited including its officers, directors, employees, agents, and suppliers, shall not be liable for any damage or other effect resulting from your use or inability to use the products purchased on our website. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, punitive damages and personal injury or death. These limitations of liability apply even if SIS Manufacturing Ltd has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit SIS Manufacturing Ltd’s liability in respect of any: death or personal injury caused by SIS Manufacturing Ltd’s negligence; fraud or fraudulent misrepresentation on the part of SIS Manufacturing Ltd; or matter which it would be illegal or unlawful for SIS Manufacturing Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, SIS Manufacturing Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against SIS Manufacturing Ltd officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SIS Manufacturing Ltd’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as SIS Manufacturing Ltd.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify SIS Manufacturing Ltd and undertake to keep SIS Manufacturing Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by SIS Manufacturing Ltd to a third party in settlement of a claim or dispute on the advice of SIS Manufacturing Ltd legal advisers) incurred or suffered by SIS Manufacturing Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to SIS Manufacturing Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, SIS Manufacturing Ltd may take such action as SIS Manufacturing Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
SIS Manufacturing Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
SIS Manufacturing Ltd may transfer, sub-contract or otherwise deal with SIS Manufacturing Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Your privacy is respected by SIS Manufacturing Ltd NZ, the company that administers this website. This privacy statement provides information about the personal information that SIS Manufacturing Ltd collects, and the ways in which SIS Manufacturing Ltd uses that personal information. Personal information collection: SIS Manufacturing Ltd may collect and use the following kinds of personal information: information about your use of this website; information that you provide for the purpose of registering with the website; information about transactions carried out over this website; information that you provide for the purpose of subscribing to the website services; and any other information that you send to SIS Manufacturing Ltd. Using personal information SIS Manufacturing Ltd may use your personal information only to: administer this website; personalize the website for you; enable your access to and use of the website services; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications from SIS Manufacturing Ltd only. Where SIS Manufacturing Ltd discloses your personal information to its agents or sub-contractors (e.g. for shipping purchases) for these purposes only, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, SIS Manufacturing Ltd may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
SECURING YOUR DATA
SIS Manufacturing Ltd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. SIS Manufacturing Ltd will store all the personal information you provide on its secure servers. Information relating to electronic transactions entered into via this website will be protected by encryption technology. We will hold a current SSL security certificate at all times.
CROSS-BORDER DATA TRANSFERS
UPDATING THIS STATEMENT
This website contains links to other websites. SIS Manufacturing Ltd is not responsible for the privacy policies or practices of any third party.
OBTAINING YOUR INFORMATION
Information provided for education and research information only. This website contains general information about medical conditions and treatments. The information is not advice, and should not be treated as such. The information on this website including all downloadable material is for the purpose of disseminating health information free of charge for the benefit of the public and research-sharing purposes only and is made available on the basis that no professional advice on a particular medical matter is being provided. Nothing contained in this website is intended to be used as medical advice or for therapeutic purposes or to be used to diagnose, treat, cure or prevent any disease. No liability is accepted for any injury, loss or damage incurred by use of or reliance on the information provided on this website.
LIMITATION OF WARRANTIES
The medical information on this website is provided “as is” without any representations or warranties, express or implied. SIS Manufacturing Ltd NZ makes no representations or warranties in relation to the medical information on this website. Without prejudice to the generality of the foregoing paragraph, SIS Manufacturing Ltd NZ does not warrant that: the medical information on this website will be constantly available, or available at all; or the medical information on this website is complete, true, accurate, up-to-date, or non-misleading. Nothing in this medical disclaimer will limit any of the liabilities of SIS Manufacturing Ltd NZ in any way that is not permitted under applicable law, or exclude any of its liabilities that may not be excluded under applicable law.
You must not rely on the information on this website as an alternative to, or substitute for, medical advice from your professional healthcare provider. If you have any specific questions about any medical matter you should consult your professional healthcare provider. If you think you may be suffering from any medical condition you should seek immediate medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this website.
Individual results may vary. We aim to accurately represent our devices and their known and theoretical mechanisms of action, and all information in this website is periodically reviewed. Any examples of use presented on this website are not to be interpreted as a promise or guarantee of any medical result nor outcome whatsoever from use of our devices. Your results may vary. We make no claim and give no guarantee that you will receive any health benefits whatsoever from use of our devices. Where specific examples of use are quoted either in user testimonials or in illustrative clinical case studies there is no assurance given that you will receive similar results or outcomes nor any health benefits whatsoever.
In the event that you use the information on this website for improving your own health you are prescribing for yourself for which SIS Manufacturing Ltd NZ assumes no responsibility. The information on this website is provided for educational purposes only. It is not intended to replace or substitute for conventional medical care nor encourage its abandonment and should not be interpreted as such.
PRODUCT SUPPLY CONDITIONS
SIS machine (“the Device”) model W250 carries a 5 year, limited Warranty for defects in materials, components, assembly and operation of its electronic hardware. This Warranty is subject to all of the following exclusions and conditions. The Device enclosure is not opened except the battery compartment nor tampered with in any manner. No modifications or repairs are made to the Device other than by one of our engineers. No voltage or current source is applied to the harness connection socket or to anywhere else on the Device. No power supply other than specified in the operating manual is applied to the Device. For biological applications, the Device has not been used with non-SIS electrodes that are not approved for skin contact, therapeutic and medical applications. The Device is not used beyond its intended applications. You can experiment with the Device if you wish, but subject to all other Warranty conditions and exclusions and not in such a way that could reasonably be expected to damage the Device in any way as determined by our engineers. SIS machine model W250 must not be used in any manner that requires an IP rating above IP40 to protect them from ingress of dust or other sub-1mm particulate matter, or that requires protection from water or other liquids that can damage or interfere with the internal electronics of the Device. The SIS electrode harness (connecting cable) plug and jack of the W250 model is IP68 rated when mated, and the jack is IP68 rated it is mated with the Seal Cap. The electrode harness is included in this Warranty only for a period of three months, on the condition that it is not used in any way that contradicts the recommendations for use given in this operating manual and Warranty. If a non-SIS electrode harness is used with the Device this warranty shall be void. This Warranty is expressly limited solely to the original purchaser of the SIS equipment and does not extend to any transferee or temporary user of the Device. This Warranty does not cover damage caused by improper connection of the components of the SIS equipment (harness, connectors, sockets, electrodes), damage caused by accident, abuse, misuse, neglect or improper maintenance, damage caused by unusual physical or electrical stress, routine cleaning or normal cosmetic and mechanical wear. Non-compliance to any degree with any one of these Warranty conditions shall automatically void this warranty completely. SIS Manufacturing Ltd New Zealand expressly disclaims all warranties not stated in this limited Warranty.
If a Device is found to be faulty, we promise to honor this Warranty as quickly and efficiently as we can and either repair or replace the defective Device at our discretion. We will return to the original purchaser a fully and correctly functional Device that meets all of its design and functional specifications perfectly, as speedily as possible.
CREDIT CARD TRANSACTION SECURITY STATEMENT
The security of credit card data is mandated internationally by the Payment Card Industry Data Security Standard (PCI DSS) that is governed by the Payment Card Industry Security Standards Council. SIS Manufacturing Ltd NZ recognizes its responsibility to keep customer data secure within the PCI DSS guidelines.
If a website credit card transaction is made outside of Paypal we use a fully PCI DSS compliant integration method. This means we never have access to full customer credit card information or data, and cannot transmit, process or store credit card data.
We use SSL (Secure Sockets Layer) for establishing an encrypted link between our server and your browser. We will only transact a credit card payment outside of Paypal using an up to date SSL certificate.
Each W250 SIS machine unit is assembled and factory calibrated. In case of suspected malfunction of an SIS machine unit, please contact SIS Manufacturing Ltd. Do not return any items without obtaining prior approval and return instructions from SIS Manufacturing Ltd. Please include your name, contact details and a full description of the faults you suspect or have experienced with the equipment. Any SIS equipment delivered as a custom or special order cannot be returned. Any SIS equipment that is returned due to ordering errors only (not change of mind) within 10 working days and in unused condition will incur a 25% restocking and processing fee of the original sale price; the original cost of shipping and any merchant fees incurred will not be refunded. Please pack returned items securely to prevent damage during shipping. The Customer is responsible for paying return shipping expenses including sufficient insurance to cover original purchase prices, and also any unforeseen customs or duties charges incurred. Please keep your proof of purchase. If an SIS machine is found to be faulty, we will honor our Warranty as quickly and efficiently as we can and either repair or replace the defective device at our discretion. We promise to return to you a fully functional SIS machine that meets all of its design and feature specifications, perfectly, at our expense, as speedily as possible.
CANCELLING A TRANSACTION MADE BY CREDIT CARD NOT DIRECTLY OR INDIRECTLY VIA PAYPAL
Cancellation or amendment to an order can be made if we have not already shipped out the package. Cancellations of orders will automatically incur a 20% re-stocking and administration fee. Please use our contact page to inform us of any amendments or cancellation. An additional processing fee to cover any fees or chargeback we incur from our online merchant services and/or bank will be deducted from the order amount refunded. We will aim to process and action your refund within 7 business days. Custom orders and Express Build orders cannot be refunded.
By ordering SIS products to be delivered to you outside of New Zealand, you assume the role of importer and are agreeing to take responsibility for compliance with all applicable import regulations in your country. Import of our products may be restricted by the jurisdiction(s) in which you are located and/or the jurisdiction(s) to which you are importing. You are agreeing and warrant that you are aware of and are acting in conformity with all current laws, regulations or similar authorities in the country where you are located. Goods may incur customs or import duties levied by the Government of the destination country. SIS Manufacturing Ltd NZ has no control over these charges and cannot predict what they will be. SIS Manufacturing Ltd NZ accepts no liability for any such additional charges levied by the Government of the recipient country. By placing an order on our website you acknowledge your liability for any such charges and levies (including but not limited to: taxes, duties, holding fees) which must be borne solely by you. SIS Manufacturing Ltd NZ accepts no liability for any further costs incurred as a result of you refusing to pay the applicable customs charges and will charge you accordingly for any charges incurred by SIS Manufacturing Ltd NZ as a result of your refusal to pay the applicable charges and levies demanded by Customs authorities in your country. Since these Customs and import policies vary widely between countries and are subject to change, we recommend you contact your local Customs office for further information in your country prior to placing an order.
SIS Manufacturing Ltd usually accepts payment in New Zealand dollars only. Any additional charges levied by your credit card provider or bank for currency conversion is the sole liability of the customer and we will not be liable for any of these charges.
You agree to hold SIS Manufacturing Ltd NZ harmless from any action, claim, liability or loss in respect of the performance of the products sold by SIS Manufacturing Ltd NZ.
REGULATORY STATEMENT CONDITIONS OF SUPPLY
The SIS equipment is notified onto the New Zealand (NZ) medicines and medical devices safety authority (Medsafe) WAND database of medical devices as class IIb (electro-stimulators), class IIa (cutaneous electrode) & class III devices (SIS silver-nylon electrodes used as medicated devices).
The SIS equipment can be imported by individuals for their personal and family use only in many countries worldwide, including but not limited to Australia, the UK, the USA, India, and many European, Asia and Asia-Pacific countries.
If the SIS equipment is supplied to the USA, under FDA guidance for personal importation of drugs and medical devices, we supply the SIS equipment not for the treatment of serious medical conditions, or for veterinary use only (VUO), or for experimental research use only (RUO), or as commercial and investment demonstration equipment only.
You the customer/purchaser/importer are solely responsible for receiving and using the SIS equipment under the regulatory laws of your country or place of residence.
ELECTROMAGNETIC COMPATIBILITY CONFORMITY
The W250 device conforms to EN 60601-1-2: 2015 Edition 4.0: Medical electrical equipment, Part 1-2: General requirements for basic safety and essential performance – Collateral Standard: Electromagnetic disturbances – Requirements and tests; partial testing in accordance with CISPR 11: 2010—Industrial, scientific and medical equipment—Radio-frequency disturbance characteristics—Limits and methods of measurement (Australia/New Zealand/(CE Europe)) & EN 61000-4-2: 2009—Electrostatic Discharge immunity CE (Europe), FCC 47 CFR Part 15 – Radio Frequency Devices, Subpart B – Unintentional Radiators, ANSI C63.4: 2014 American National Standard for Methods of Measurement of Radio-Noise Emissions from Low-Voltage Electrical and Electronic Equipment in the Range of 9 kHz to 40 GHz (North America), ICES-001—Industrial, Scientific and Medical (ISM) Radio Frequency Generators Issue 4 June 2006 (Updated November 2014) (CANADA).
We aim to ship any paid order within 21 working days of funds received, unless otherwise noted on this website in relation a particular item of equipment. If we cannot ship your order within this time frame for any reason you will be notified via the contact details you provide during the checkout process as soon as possible and we will offer you the option to receive a refund.
INTELLECTUAL PROPERTY AND TECHNOLOGY
No rights or licenses to any patents, designs, copyrights, or other intellectual property is given or transferred through the sale of any product of SIS Manufacturing Ltd. You agree not to copy, reverse engineer, decompile, disassemble, create derivative products from, or emulate the functionality of the products and/or documentation of SIS Manufacturing Ltd NZ.
NON HUMAN ANIMAL EXPERIMENTATION
The SIS equipment is supplied on the condition that it may not be used in non-human animal experimentation under any circumstances.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with New Zealand Law and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of New Zealand.
You can contact SIS Manufacturing Ltd NZ by email, phone, fax and in writing.
The above document was created in parts using a Contractology template available at Freenetlaw.com