These Terms & Conditions (“Terms”) govern the use of curavixmedical.ca (the “Website”), operated by Curavix Medical Inc. (“Curavix Medical,” “Curavix,” “we,” “us,” or “our”).
1. Website Use
1.1 The Website provides information about Curavix Medical, its products and services, and permits users to submit product and quotation inquiries.
1.2 The Website does not provide online purchasing, checkout or payment processing. A quotation request or inquiry does not constitute an order or binding agreement.
1.3 Product transactions are subject to the applicable quotation, purchase order, invoice, supply agreement or other written commercial documentation.
2. Product and Information
2.1 Curavix Medical makes reasonable efforts to maintain accurate product information. Product specifications, packaging, availability, labelling and images may change without notice.
Products may be supplied under:
The original manufacturer's brand; or
A Curavix Medical or private-label brand, where applicable.
2.2 Before an order is accepted or a product is supplied, the customer will be advised of the applicable product labelling, including the applicable manufacturer or private-label identification, as appropriate.
2.3 Product information is provided for general business and procurement purposes and does not constitute medical advice or a guarantee of suitability for a particular clinical application.
2.4 Products must be used, stored and handled in accordance with applicable product labelling, manufacturer's instructions, intended use and applicable laws and regulations.
3. Regulatory Compliance
3.1 Curavix Medical conducts its activities in accordance with applicable Canadian federal and provincial requirements relating to its business and products.
3.2 Medical devices supplied in Canada are subject to applicable requirements under Canadian law, including the Food and Drugs Act and Medical Devices Regulations, where applicable.
3.3 Regulatory status and requirements may vary by product. Product-specific regulatory documentation may be provided as part of the procurement process or upon reasonable request.
3.4 Nothing on the Website constitutes a representation that a product is authorized or suitable for every use or application in Canada.
4. Use, Storage and Compliance
4.1 Customers are responsible for ensuring that they hold any licences, permits, approvals or other authorizations required for the purchase, use, storage, handling or distribution of products supplied by Curavix Medical.
4.2 Customers shall comply with applicable laws, regulations and professional requirements relating to the products.
4.3 Products must be used only for their intended purpose and in accordance with applicable product labelling and manufacturer instructions.
5. Orders and Commercial Terms
5.1 Specific orders and transactions are governed by the applicable commercial documentation.
5.2 Where these Terms conflict with a written agreement relating to a specific transaction, the terms of that agreement will govern the transaction.
6. Shipping and Delivery
6.1 Products may be shipped by Curavix Medical or arranged for shipment by the customer.
6.2 Where Curavix Medical arranges shipping, applicable shipping or freight charges may be added to the quotation or invoice.
6.3 Delivery dates are estimates unless expressly guaranteed in writing. Delays may result from inventory availability, manufacturer lead times, transportation, customs, regulatory requirements or circumstances beyond Curavix Medical's reasonable control.
6.4 Customers should promptly report shipping damage, shortages or delivery discrepancies.
7. Returns, Recalls and Product Complaints
7.1 Returns of medical devices and healthcare products require prior authorization from Curavix Medical and may be subject to product-specific, safety, sterility, traceability, storage and regulatory requirements. Products that are opened, used, damaged, contaminated, improperly stored, altered or otherwise unsuitable for resale may not be eligible for return.
7.2 Product defects, damage, incorrect shipments, labelling or packaging concerns, or other product complaints should be reported promptly to info@curavixmedical.ca. Curavix Medical may investigate complaints and coordinate with applicable manufacturers, suppliers or regulatory authorities.
7.3 Where required or appropriate, Curavix Medical may initiate or participate in recalls, safety notices or other corrective actions. Customers are required to reasonably cooperate with applicable recall or corrective-action procedures, including the identification, segregation and return or other disposition of affected products as instructed.
8. Intellectual Property
8.1 Website content, including text, graphics, photographs, logos and other materials, is owned by or licensed to Curavix Medical unless otherwise indicated.
8.2 Unauthorized reproduction, modification, distribution or commercial use is prohibited except as permitted by law.
8.3 Third-party trademarks and manufacturer names remain the property of their respective owners.
9. Limitation of Liability
9.1 To the fullest extent permitted by applicable law, Curavix Medical Inc. shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of revenue, profits, business, data or other economic loss arising from or relating to the use of the Website, the supply, purchase, delivery or use of any products, or any delay or failure to perform.
9.2 To the fullest extent permitted by applicable law, Curavix Medical Inc.’s aggregate liability arising from or relating to any product, order or transaction shall not exceed the amount actually paid to Curavix Medical Inc. for the specific product or order giving rise to the claim.
9.3 Nothing in these Terms limits or excludes any liability, right or remedy that cannot lawfully be limited or excluded under applicable law.
10. Force Majeure
10.1 Curavix Medical shall not be liable for any delay or failure to perform its obligations to the extent such delay or failure is caused by circumstances beyond its reasonable control, including acts of God, natural disasters, fire, severe weather, labour disputes, transportation disruptions, supply shortages, delays or failures by manufacturers or suppliers, customs restrictions, governmental or regulatory actions, war, civil disturbance, public emergencies or other events beyond Curavix Medical's reasonable control.
10.2 Where such circumstances occur, Curavix Medical may reasonably extend any applicable delivery or performance period and take such other reasonable measures as may be necessary to address the circumstances.
11. Governing Law
11.1 These Terms and any dispute, controversy, claim or proceeding arising out of or in connection with these Terms, the Website, or any transaction for the purchase or supply of products by Curavix Medical, including any non-contractual dispute or claim, shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.
11.2 The parties irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, in respect of any dispute, controversy, claim or proceeding arising out of or relating to these Terms, the Website, or the purchase or supply of products by Curavix Medical.
11.3 Nothing in this section shall limit or exclude any right, remedy or protection that cannot lawfully be waived or excluded under applicable law.
12. Changes
12.1 Curavix Medical may update these Terms from time to time. The revised Terms will be posted on the Website with the applicable effective date.
12.2 Changes to these Website Terms apply prospectively. Terms applicable to an existing commercial transaction will remain governed by the applicable quotation, purchase order, agreement or other commercial documentation unless otherwise agreed in writing.
13. Severability
If any provision of these Terms is determined to be invalid, illegal or unenforceable, in whole or in part, such provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law. Where any provision is determined to be overly broad or unenforceable in its scope, application or duration, it shall be interpreted and enforced to the maximum extent permitted by applicable law.
14. Contact
Curavix Medical Inc.
Email: info@curavixmedical.ca
Website: curavixmedical.ca