TERMS & CONDITIONS

1. INTRODUCTION

These Terms & Conditions (“Terms”, “Agreement” or “Terms and Conditions”) govern access to and use of the website www.storemedica.com (“Website”) and the purchase, procurement, supply and delivery of products and related services offered through Medica (“Medica”, “we”, “us”, “our”).Medica operates as a procurement and supply partner for hospitals, clinics, diagnostic laboratories, healthcare institutions, businesses and other customers and may source products from manufacturers, authorised distributors, dealers, suppliers and other third parties.By accessing the Website, submitting an enquiry, requesting a quotation, placing an order, accepting a quotation, purchasing products or otherwise engaging with Medica, you (“Customer”, “you” or “your”) acknowledge that you have read, understood and agreed to these Terms.If you do not agree with these Terms, you should not use the Website or place an order through Medica.

2. DEFINITIONS

For purposes of these Terms:“Customer” means any person, company, hospital, clinic, diagnostic laboratory, healthcare institution, business, organisation or other entity purchasing or procuring products through Medica.“Manufacturer” means the original manufacturer, brand owner, importer, authorised manufacturer or other entity responsible for manufacturing or marketing a product.“Supplier” means a manufacturer, distributor, dealer, wholesaler or other third party from whom Medica procures products.“Products” means medical devices, equipment, consumables, surgical products, implants, healthcare products, diagnostic products, hospital supplies and other products supplied through Medica.“Order” means an order placed by the Customer and accepted by Medica.“Quotation” means a commercial quotation issued by Medica to the Customer specifying products, quantities, prices and other applicable commercial terms.“Business Customer” means a hospital, clinic, laboratory, healthcare institution, company, partnership, proprietor, professional or other entity purchasing Products for business, professional, institutional or commercial purposes.

3. NATURE OF MEDICA'S BUSINESS

3.1 Medica primarily acts as a procurement and supply partner.3.2 Medica may procure Products from manufacturers, authorised distributors, dealers, suppliers or other sources and arrange their supply or delivery to the Customer.3.3 Unless expressly stated otherwise in writing, Medica is not the manufacturer of the Products supplied to the Customer.3.4 Product-specific matters including manufacturing defects, design defects, technical specifications, product performance, clinical performance, warranties, recalls, adverse events, product safety, installation requirements and technical support may be the responsibility of the relevant Manufacturer or Supplier.3.5 Nothing in these Terms shall exclude or restrict any liability which cannot lawfully be excluded or restricted under applicable law.

4. WEBSITE USE

4.1 The Website is provided for general information, product discovery, procurement enquiries and commercial transactions.4.2 Product information displayed on the Website may include information supplied by manufacturers, distributors or other third parties.4.3 Product photographs are for identification and illustration purposes and may differ from the actual Product supplied, including in relation to packaging, labelling, colour, dimensions or appearance.4.4 The Customer should review the applicable product documentation, specifications, instructions for use and manufacturer information before purchasing or using any Product.4.5 Medica reserves the right to modify, suspend, discontinue or update any part of the Website without prior notice.

5. PRODUCT INFORMATION AND SPECIFICATIONS

5.1 Medica endeavours to provide accurate product descriptions, specifications, pricing and availability information.5.2 However, product specifications, packaging, models, configurations, accessories, regulatory status, availability and other characteristics may change from time to time.5.3 Where there is a discrepancy between information displayed on the Website and information contained in the Manufacturer's current documentation, the Manufacturer's applicable documentation shall be considered for technical and product-use purposes, subject to applicable law.5.4 Customers purchasing Products for professional or clinical use are responsible for ensuring that the Product selected is suitable for their intended application and complies with their institutional requirements.

6. ORDERS AND ACCEPTANCE

6.1 A quotation, product listing, enquiry or communication from Medica does not constitute acceptance of an Order unless expressly confirmed by Medica.6.2 Medica reserves the right to accept or reject an Order in whole or in part.6.3 An Order shall become binding upon confirmation by Medica, receipt of any required advance payment, or such other event as specified in the applicable quotation or Order confirmation.6.4 Medica may cancel or modify an Order where:a. the Product becomes unavailable;b. the Manufacturer or Supplier discontinues the Product;c. there is a significant change in procurement cost;d. there is an error in pricing or product information;e. the Customer fails to provide required information;f. payment is not received within the specified period;g. the Product cannot lawfully be supplied; orh. circumstances beyond Medica's reasonable control prevent fulfilment.6.5 Where Medica cancels an Order after receiving payment, Medica shall process any refund that is required under the applicable transaction terms and applicable law.

7. QUOTATIONS AND PRICING

7.1 Unless otherwise stated, quotations are subject to availability.7.2 A quotation may specify a validity period. After expiry of that period, Medica may revise the quotation.7.3 Prices may vary based on manufacturer pricing, availability, taxes, freight, insurance, import costs, regulatory requirements and other applicable charges.7.4 GST and other applicable taxes shall be charged as required by applicable law.7.5 Unless expressly included in the quotation, freight, installation, commissioning, training, calibration, servicing and other ancillary charges may be charged separately.7.6 Any typographical, technical or pricing error may be corrected by Medica before Order acceptance.

8. PAYMENT TERMS

8.1 The Customer shall make payment in accordance with the payment terms stated in the applicable quotation, invoice or Order confirmation.8.2 Medica may require full or partial advance payment for certain Products or Orders.8.3 Orders may be placed on credit only where Medica has expressly approved credit terms in writing.8.4 If payment is delayed, Medica may suspend further supplies until outstanding amounts are received.8.5 The Customer shall be responsible for applicable bank charges, transaction charges, taxes and other payment-related costs where applicable.8.6 Medica may recover reasonable costs incurred due to dishonoured payments, payment reversals or unauthorised chargebacks.

9. DELIVERY

9.1 Medica shall use reasonable efforts to deliver Products within the estimated delivery period communicated to the Customer.9.2 Delivery dates are estimates unless expressly guaranteed in writing.9.3 Delays may occur due to Manufacturer or Supplier delays, logistics disruptions, transportation issues, regulatory restrictions, force majeure events, strikes, shortages, customs procedures or other circumstances beyond Medica's reasonable control.9.4 Unless otherwise agreed, delivery shall be made to the address provided by the Customer.9.5 The Customer shall ensure that the delivery location is accessible and suitable for receiving the Products.9.6 The Customer shall promptly inspect the outer packaging and quantity of Products upon delivery and notify Medica of any apparent shortage or transit damage within the period specified in the applicable Order or delivery documentation.

10. INSPECTION AND ACCEPTANCE

10.1 The Customer shall inspect Products promptly after delivery.10.2 Any visible shortage, incorrect item or apparent transit damage should be documented and reported to Medica as soon as reasonably practicable.10.3 Where a Product has been supplied in sealed manufacturer packaging, the Customer should not open, modify, tamper with or alter the Product where doing so could affect a warranty, return or replacement claim.10.4 Claims relating to manufacturing defects or technical performance may be subject to the Manufacturer's applicable warranty, return and replacement procedures.

11. MANUFACTURER WARRANTY AND PRODUCT-RELATED ISSUES

11.1 Unless expressly stated otherwise in writing, Medica does not provide an independent manufacturer's warranty for Products.11.2 Manufacturer warranties, where available, are provided by the relevant Manufacturer or Supplier and are subject to their respective terms, conditions, exclusions and procedures.11.3 In the event of a product defect, malfunction, technical issue, safety concern, warranty claim or product performance issue, the Customer may be required to contact the relevant Manufacturer, authorised service provider or Supplier.11.4 Where commercially and operationally feasible, Medica may assist the Customer in communicating with the relevant Manufacturer or Supplier; however, such assistance shall not automatically make Medica the warrantor or manufacturer of the Product.11.5 Medica shall not be responsible for a Manufacturer's refusal to honour a warranty, replacement, repair or service claim, except to the extent that applicable law imposes responsibility on Medica.11.6 Nothing in these Terms limits any mandatory rights or remedies available to a Customer under applicable law.

12. MEDICAL DEVICES, EQUIPMENT AND CLINICAL USE

12.1 Products supplied through Medica may be intended for use by trained healthcare professionals or qualified personnel.12.2 Medica does not provide medical diagnosis, treatment, clinical advice or professional medical advice through the Website.12.3 The Customer is responsible for ensuring that Products are used only by appropriately trained and authorised personnel and in accordance with applicable laws, instructions for use, manufacturer recommendations and institutional protocols.12.4 Medica shall not be responsible for misuse, improper installation, unauthorised modification, improper storage, negligent handling or use contrary to Manufacturer instructions, except to the extent otherwise required by applicable law.12.5 For medical equipment requiring installation, calibration, commissioning or technical servicing, the Customer shall comply with the Manufacturer's applicable requirements.

13. RETURNS, REPLACEMENTS AND REFUNDS

13.1 Returns, replacements and refunds shall be governed by the applicable Order, quotation, product-specific return policy and applicable law.13.2 Certain Products may not be eligible for return because of their nature, including Products that are:a. specially procured;b. custom-made or customised;c. sterile or hygiene-sensitive;d. opened or used;e. patient-specific;f. implants or surgical products;g. temperature-sensitive;h. supplied specifically against a Customer's confirmed requirement; ori. otherwise identified as non-returnable before purchase.13.3 Where a Product is defective, damaged, incorrectly supplied or otherwise eligible for return under applicable law or the applicable Order terms, the Customer should notify Medica promptly and provide supporting information, photographs, batch/serial numbers and other documentation reasonably requested.13.4 Refunds, where applicable, may be processed after verification and completion of the applicable return or claim procedure.13.5 Medica may require the Product to be returned before approving a replacement or refund where reasonably necessary.

14. PRODUCT RECALLS AND SAFETY NOTICES

14.1 If Medica receives information regarding a Manufacturer recall, safety notice or other material product issue, Medica may communicate relevant information to affected Customers where reasonably practicable.14.2 Product recalls, safety notices and corrective actions may be initiated and controlled by the relevant Manufacturer or regulatory authority.14.3 Customers shall cooperate with reasonable recall, replacement, quarantine or safety procedures.

15. THIRD-PARTY MANUFACTURERS AND SUPPLIERS

15.1 Medica may source Products from third-party Manufacturers, authorised distributors, dealers and Suppliers.15.2 Medica does not control the manufacturing processes, internal quality-control systems, technical specifications, warranty policies or service policies of third parties.15.3 Manufacturer and Supplier names, trademarks, logos and product information remain the property of their respective owners.15.4 Nothing on the Website shall be interpreted as creating a partnership, agency, joint venture or employment relationship between Medica and any Manufacturer or Supplier unless expressly agreed in writing.

16. CUSTOMER RESPONSIBILITIES

The Customer agrees to:a. provide accurate billing, shipping and contact information;b. provide accurate GST and business information where required;c. ensure that Products are appropriate for the intended use;d. comply with applicable laws and regulatory requirements;e. use Products in accordance with Manufacturer instructions;f. maintain appropriate storage conditions;g. ensure appropriate training of personnel;h. make payments when due;i. not misuse, modify or tamper with Products; andj. promptly notify Medica of material issues relating to an Order.

17. INTELLECTUAL PROPERTY

17.1 All Website content, including text, graphics, photographs, logos, designs, layouts, software, branding and other materials owned or licensed by Medica are protected by applicable intellectual property laws.17.2 No Customer may reproduce, distribute, modify, publish, transmit or commercially exploit Medica's proprietary content without prior written permission.17.3 Third-party trademarks and product names remain the property of their respective owners.

18. PROHIBITED USE

The Customer shall not:a. use the Website for unlawful purposes;b. attempt to gain unauthorised access to Website systems;c. introduce malicious code or harmful software;d. interfere with Website security;e. use automated systems to scrape or copy Website content without permission;f. impersonate another person or entity;g. submit fraudulent information; orh. use the Website in a manner that violates applicable law.

19. LIMITATION OF LIABILITY

19.1 To the maximum extent permitted by applicable law, Medica shall not be liable for indirect, incidental, special, consequential or punitive losses arising from the use of Products or the Website.19.2 Subject to applicable law, Medica shall not be responsible for losses arising primarily from:a. Manufacturer defects or failures;b. Manufacturer warranty decisions;c. improper Product use;d. improper storage;e. unauthorised modifications;f. failure to follow instructions;g. clinical or medical decisions;h. delays caused by third-party Manufacturers, Suppliers or logistics providers; ori. events beyond Medica's reasonable control.19.3 Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising under mandatory consumer protection or other applicable laws.19.4 To the extent permitted by law, Medica's aggregate liability arising from a particular Order shall not exceed the amount actually paid to Medica for the Product giving rise to the claim, except where applicable law requires otherwise.

20. INDEMNIFICATION

To the extent permitted by applicable law, the Customer agrees to indemnify and hold harmless Medica, its owners, employees, representatives and service providers from claims, losses, damages, costs and expenses arising from:a. breach of these Terms;b. misuse of Products;c. unauthorised modification or alteration of Products;d. violation of applicable law;e. inaccurate information supplied by the Customer; orf. negligent or unlawful acts or omissions of the Customer or its personnel.This clause shall not apply to the extent that the relevant loss is caused by Medica's own acts or omissions for which Medica is legally responsible.

21. FORCE MAJEURE

Medica shall not be responsible for delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including:a. natural disasters;b. epidemics or pandemics;c. war or civil unrest;d. government restrictions;e. regulatory action;f. transportation disruptions;g. strikes or labour disruptions;h. shortages of Products or raw materials;i. Manufacturer or Supplier failures;j. telecommunications or technology failures; ork. other events beyond Medica's reasonable control.

22. DATA AND PRIVACY

22.1 Medica may collect and process personal and business information required to provide its services, process Orders, communicate with Customers, issue invoices, provide customer support and comply with legal obligations.22.2 Medica shall handle personal data in accordance with applicable Indian data protection and privacy laws.22.3 Customers should review Medica's Privacy Policy for information regarding collection, use, storage, sharing and protection of personal data.22.4 Customers shall not provide personal or sensitive information through the Website unless reasonably necessary for the requested transaction or service.22.5 Where Products or services involve patient-related information, Customers remain responsible for ensuring that they have the appropriate legal basis, permissions and safeguards for sharing such information with Medica or any relevant third party.

23. COMMUNICATIONS

23.1 By providing contact information, the Customer agrees that Medica may contact the Customer regarding Orders, quotations, invoices, delivery, support, account matters and other transaction-related communications.23.2 Promotional communications, where applicable, shall be subject to applicable consent and communication requirements.23.3 Customers may request cessation of promotional communications through the applicable unsubscribe or communication-management mechanism.

24. THIRD-PARTY LINKS

The Website may contain links or references to third-party websites or services.Medica does not control third-party websites and is not responsible for their content, availability, security, privacy practices or terms.Customers should review the applicable third-party terms before using third-party websites or services.

25. ACCURACY OF WEBSITE INFORMATION

Medica makes reasonable efforts to maintain accurate information on the Website.However, Medica does not warrant that the Website will always be:a. uninterrupted;b. error-free;c. completely accurate;d. continuously available; ore. free from technical defects.Medica may correct errors, update information or change Website content without prior notice.

26. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of India.Subject to applicable law, disputes arising out of or relating to these Terms or transactions with Medica shall be subject to the jurisdiction of the competent courts at New Delhi, India.Nothing in this clause shall prevent a consumer from exercising any mandatory statutory right to approach a forum, authority or court having jurisdiction under applicable law.

27. DISPUTE RESOLUTION

27.1 The parties shall first attempt to resolve any commercial dispute through good-faith discussions.27.2 The Customer should initially contact Medica at contact@storemedica.com with details of the dispute, Order number, invoice and supporting documentation.27.3 If the dispute cannot be resolved through discussions, either party may pursue remedies available under applicable law.27.4 For Business Customers, Medica may agree to a separate written dispute-resolution mechanism, including arbitration, in the applicable procurement or supply agreement.

28. CHANGES TO THESE TERMS

Medica may modify these Terms from time to time to reflect changes in its business, Website, Products, services or applicable law.Updated Terms shall be posted on the Website with an updated effective date.Continued use of the Website after publication of revised Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

29. SEVERABILITY

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue to remain in effect.

30. WAIVER

Failure by Medica to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision in the future.

31. ENTIRE AGREEMENT.

These Terms, together with the applicable quotation, Order confirmation, invoice, product-specific terms, privacy policy and any separately executed agreement between Medica and the Customer, constitute the applicable agreement governing the relevant transaction. Where a separately executed written agreement conflicts with these Website Terms, the separately executed agreement shall prevail to the extent of the conflict.

32. CUSTOMER SUPPORT AND GRIEVANCES

For questions, complaints, Order-related issues or grievances, Customers may contact: MEDICA
Email: contact@storemedica.com
Phone: +91 7701965337
Website: www.storemedica.com
Customers should include their Order number, invoice number, product details and relevant supporting information when submitting a complaint.

33. ACKNOWLEDGEMENT

By using the Website or placing an Order with Medica, the Customer acknowledges that:the Customer has read these Terms;the Customer understands the nature of Medica's procurement and supply business;Products may be manufactured and warranted by third-party Manufacturers;Product use must comply with applicable Manufacturer instructions and applicable law; andthe Customer agrees to the applicable commercial and transactional terms governing the Order.
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