Orca Surgical
Orca Surgical has published this website to:

1. Disseminate accurate, and comprehensive product information.
2. Provide timely technical, application, and service support.
3. Present in one place, Orca’s worldwide distributive organization for making efficient contact.
4. Provide an innovative mechanism for product ordering.

Disclaimer of Liability
The respective people and organizations responsible for the creation, development, and publishing of Orca Surgical’s website, make every attempt to ensure accuracy and reliability of the information contained therein. However, Orca Surgical makes no warranty or guarantee, or promise, expressed or implied, concerning the content or accuracy of the information stored and served by this service. Orca Surgical reserves the right to change, without notice, any of its product specifications as published on this website. Users requiring confirmation of specific information presented on this site must refer all queries to the applicable e-mail address link or webmaster.

Retail Use Only, No Resale

All products sold by Orca Surgical are intended for retail use only by the original purchaser and are not for resale or redistribution without written authorization from Orca Surgical. By purchasing from this website or through any authorized sales channel, you agree that:

• You are buying products solely for your own use or for use within your organization.

• You will not market, resell, repackage, or otherwise distribute any products purchased from Orca Surgical without prior written authorization.

• Any unauthorized resale or distribution is strictly prohibited and may result in suspension or termination of your purchasing privileges, legal action, and/or denial of future orders.

Orca Surgical reserves the right to limit or cancel orders that, in its sole discretion, appear to be placed with the intent to violate this policy.

Prices, Taxes, and Permits
All prices are subject to change without notice. Seller’s price shall be its price in effect at the time of shipment. All prices exclude sales, use, franchise, license, excise and other taxes in respect of manufacture, sale or delivery of the goods furnished hereunder, export or import duties and inspection fees, all of which shall be paid by Purchaser unless a proper exemption certificate is furnished. All orders paid by credit card will be subject to a 3% convenience fee.

Delivery
Delivery will be within 7 working days. Delivery dates are approximate and subject to confirmation.

Return Policy
Orca Surgical does not accept product returns outside of the warranty policy. If there are extenuating circumstances, please contact us at info@orcasurgical.com.

Risk of Loss
Purchaser assumes all responsibility for risk of loss of, or damages to, the goods furnished hereunder, upon delivery by Seller. If the Purchaser delays shipment, payments are to be made as specified and the goods furnished hereunder shall be held at Purchaser’s risk and subject to reasonable storage charges.

Warranty
The Seller warrants to the Purchaser that the goods furnished hereunder will, for the appropriate periods of product warranties, as defined in our user manuals shipped with each product, conform to the seller’s agreed specifications. The obligation of the Seller, and the Purchaser’s sole exclusive remedy hereunder, shall be limited, at the Seller’s option to replacement at purchaser’s facility of any defective goods or refund of the purchaser price thereof. Purchaser shall not return goods unless authorized in writing by Seller. Seller shall have the right to inspect the goods at Purchaser’s installation. Purchaser’s failure to give prompt written notice (30 days) upon discovery of any alleged defect shall constitute a waiver by Purchaser of all claims with respect thereto. Notwithstanding the foregoing warranties and remedies, seller shall have no obligation hereunder if the goods become defective as a result of improper storage, contamination, adulteration, improper use or misapplication after delivery thereof to Purchaser. If the product fails to function due to defects in either materials or workmanship, Orca Surgical will, at its option, either repair or replace the product without charge, subject to the Warranty Limitations.

Customers shall be responsible for returning products for warranty service to Orca Surgical, 1220 Valley Forge Rd, Phoenixville, PA 19460, USA.

The warranty service may not be provided without proof the product was purchased from Orca Surgical Holdings LLC or an Authorized Orca Surgical Distributor.

This warranty becomes null and void if the customer fails to return the product in packaging consistent with the original protective packaging and it results in shipping damages.

This warranty becomes null and void if the customer fails to follow the recommended cleaning, disinfection and sterilization instructions and/or cautions contained in the product instruction manual.

This warranty does not cover service required because of disassembly, unauthorized modifications or service, misuse and abuse.

Orca Surgical warrants that in the event of product recall, the said part will be replaced at no cost to end-user (during the warranty period).

Any repair out of warranty may be conducted at the sole discretion of Orca Surgical at a cost to be determined by Orca Surgical:

SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, OF THE PRODUCT SUPPLIED HERUNDER, INCLUDING WITHOUT LIMIATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. SELLER SHALL HAVE NO LIABILITY FOR LOSS OF PROFITS, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, TORT, CONTRACT, OR OTHERWISE. SELLER SHALL IN NO EVENT BE LIABLE IN RESPECT OF THIS ORDER AND/OR PRODUCT DELIVERED ON ACCOUNT OF THIS ORDER FOR ANY AMOUNT GREATER THAN THAT PAID TO SELLER ON ACCOUNT OF THIS ORDER. THE PURCHASER ACKNOWLEDGES THAT IT IS PURCHASING THE GOODS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN.

Patent Indemnity
In the event of any award of damages by a United States Federal Court from which no appeal can be taken against Purchaser arising out of a claim of infringement by the goods supplied hereunder, of any existent valid U.S, patent owned by a third party, Purchaser and Seller agree that Seller shall indemnify Purchaser for such damages to the extent specified in Section 7 hereof, provided Purchaser notifies Seller in writing within ten (10) days from the receipt by Purchaser of the first notice of said claim infringement. Seller, at its option shall have the right to participate in the defense of any such infringement action. Such participation, however, will not constitute any admission of liability upon Seller’s part. Any indemnification by Seller will be conditioned upon Purchaser’s full assistance and cooperation in the defense of any such action. Seller shall have no obligation or other liability to Purchaser for infringement arising from the use of the goods furnished hereunder in the operation of any process or in combination with other materials or arising from any alteration in the goods made by the Purchaser.

Disclaimer of Endorsement
Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or support by Orca Surgical. Any views or opinions expressed herein by the authors’ do not necessarily state or reflect those of the Orca Surgical, and shall not be used for advertising or product endorsement purposes.

Disclaimer of Other Sites
Orca Surgical is not responsible for the contents of any off site pages referenced herein.

Copyright
All Orca Surgical information herein is copyright © Orca Surgical Holdings LLC. All rights reserved, unless otherwise stated.