Terms and Conditions of Sale
All quotations, products and services provided by CIVCO Medical Instruments Co., Inc., d/b/a "CIVCO Medical Solutions," ( "CIVCO") or its representatives to any customer, distributor, original equipment manufacturer, end-user or other purchaser ("Buyer") are furnished only on the terms and conditions herein ("Terms"). By ordering and accepting delivery of products and/or services ("Products") from CIVCO, Buyer accepts these Terms and agrees that, unless modified by separate negotiated agreement as provided below, these Terms, together with the item, quantity, price, and similar terms as confirmed in CIVCO's written quotation, order acknowledgement and/or invoice, constitute the parties' entire agreement, superseding all other communications and documentation. CIVCO expressly rejects any different or additional terms, preprinted or otherwise, contained or referenced in any purchase order or other documentation furnished by Buyer, whether before or after delivery of Products, even if receipt thereof is acknowledged by signature or otherwise. No modification of these Terms shall be effective unless set out in a separate negotiated agreement signed by an authorized officer of CIVCO.
1. Quotations & Prices.
All prices are in US Dollars and, unless otherwise specified by CIVCO in a separate written agreement or quotation, are subject to change without notice. Quotations are valid only for the period stated therein and may be withdrawn at any time prior to acceptance. Quotations to non-U.S. Buyers are solicitations for offers to purchase. Clerical or typographical errors are subject to correction. Quoted prices and delivery dates are valid only for the quantities, terms and payment schedule specified. Prices do not include any applicable federal, state, local, or foreign sales, use, excise, value added, goods and services, property, customs, documentary, import/export, or similar taxes, tariffs, fees, duties, or charges pertaining to the Products which, if paid by CIVCO, will be invoiced and paid by Buyer in addition to the Product price unless Buyer provides an exemption certificate acceptable to the applicable taxing authority. Buyer acknowledges its responsibility for reporting the dollar value of any discounts or price reductions in any costs claimed or charges made to Medicare, Medicaid, and any other U.S. or foreign federal, state, or local program providing reimbursement to Buyer.
2. Orders & Acceptance.
Orders must be presented in writing or via electronic means acceptable to CIVCO and will be binding on CIVCO only when accepted by written or electronic acknowledgment. CIVCO reserves the right, at its option and without liability, to refuse any order in whole or in part or to specify an alternate delivery schedule if orders from all sources exceed its inventory or ability to deliver in its normal course of business. CIVCO may allocate available inventory and production in its sole discretion. Where orders are placed, acknowledged, and/or invoiced by electronic transmission, the data transmitted will be deemed "in writing" and "signed;" and any printout of electronic transmissions maintained in the ordinary course will be considered an "original" and admissible as between the parties to the same extent as other business records maintained in documentary form. CIVCO shall be entitled to assume that all persons placing orders on behalf of Buyer are authorized to and do so and to accept these Terms.
3. Change & Cancellation.
Any changes requested by Buyer must be submitted in writing and are subject to written acceptance by an authorized representative of CIVCO. Costs and/or delays resulting from such changes will be solely determined by CIVCO and binding on Buyer. Provided that CIVCO receives adequate written notice, Buyer may cancel or suspend performance of any order for CIVCO-standard products for convenience, subject to payment of CIVCO's associated costs, which may include, without limitation, special tooling, and work-in- progress expenses. CIVCO, with reasonable cause, may cancel or suspend performance of any order if Buyer fails to meet any of its obligations herein.
4. Payment Terms.
For customers without approved credit terms, all orders require payment prior to shipment by COD, letter of credit, or other payment method approved by CIVCO. Credit terms, if any, require CIVCO's written approval and are measured from date of invoice. Deposits or stage payments, if any, are non-refundable; no discount for early payment is authorized without CIVCO's written consent. Customers may pay for products using check, electronic fund transfer, Ghx ePay or other approved payment portals. Visa, MasterCard, Discover and American Express are also accepted for orders less than $10,000 with payment processed at time of shipment. Payment terms will not be affected by any delay in delivery, installation or acceptance. Partial shipments are billed as made and payable as set out above. Notwithstanding credit approval, CIVCO reserves the right to modify payment terms or require advance payment, letter of credit, or COD when, in the opinion of CIVCO, Buyer's financial condition or previous payment record so warrants. If Buyer is delinquent in any payment due, CIVCO in its discretion may exercise any and all remedies permitted by law, including set off, and may suspend production and/or institute credit hold procedures on all open orders. Future orders will not be confirmed until Buyer's account is brought current. A service charge not to exceed 2% per month may be charged on all past due balances, and if referred to an agent or attorney for collection, all costs and expenses of collection (including, without limitation, reasonable attorneys' fees) will be charged to Buyer's account, up to the maximum allowed by law.
5. Shipment & Inspection.
CIVCO will endeavor to deliver accepted orders promptly; it is understood, however, that projected delivery dates represent best current estimates only and CIVCO will have no liability for failure to perform within such dates. Unless otherwise agreed in CIVCO's written order acknowledgement, all shipments are Ex Works (Incoterms 2010). Title will pass upon issuance of the carrier's bill of lading (subject to CIVCO's rights as an unpaid creditor) and, if not previously accepted, receipt of delivery by or on behalf of Buyer will constitute acceptance of these Terms. Buyer bears all risk and expense for delivery of goods, including without limitation shipping, loading, unloading, storage, freight, and insurance. Any shipping contracts made by Seller are for Buyer's account and, if paid for by Seller, will be invoiced to Buyer in addition to the product price. Products will be packaged for shipment in accordance with CIVCO's standard commercial practices, but CIVCO will not be responsible for loss or damage in transit. Buyer must inspect all items upon arrival and provide written notice to CIVCO, within 5 business days, of any claim for shortage or other nonconformance. If Buyer fails to give timely notice, all products will be deemed to conform to the order and, unless installation is required as provided below, will be deemed accepted. Use or resale of products in any manner after delivery will also constitute acceptance, regardless of whether installation has occurred. Claims for loss or damage in transit should be made directly to the delivering carrier and will not affect Buyer's payment obligations to CIVCO. Buyer's acceptance of items tendered as provided herein shall be final and irrevocable; any claims by Buyer thereafter must be in accordance with CIVCO's Warranty, below.
Where installation and acceptance are specified in CIVCO's quotation or acknowledgment, CIVCO will coordinate with Buyer regarding delivery and installation schedule and requirements. Buyer is responsible for providing a safe and suitable site with all required equipment and service ready to receive the Products not later than the scheduled delivery date. Unless otherwise specified in CIVCO's quotation or acknowledgement, (i) Buyer will be responsible for transporting the Products to the installation location, (ii) installation will be performed under the supervision of CIVCO's installation technician, and (iii) Buyer will have a representative present at all times during the installation and capable of assisting as necessary. Buyer is responsible for taking all necessary precautions to prevent injury to CIVCO's employees, agents, or contractors at Buyer's premises. Upon completion of installation, the technician will demonstrate that the Product performs according to published specifications. Upon completion of such demonstration, the Product shall be deemed accepted and Buyer shall execute CIVCO's acceptance letter evidencing such acceptance. Buyer shall reimburse CIVCO at its standard rates for any extra time, travel, or expense resulting from inadequacy of rescheduling arrangements or other delay or prolongation of installation caused by Buyer or its representatives.
7. Specifications and Validation.
All Products, when delivered by CIVCO, will conform to specifications as set out in CIVCO technical files; however, Buyer is responsible for validation of each specific Product application and any use of Products in conjunction with, physically installed on, or as a component of any hardware, software, services, components, accessories, attachments, interfaces, or consumables not supplied or specified by CIVCO for such purpose, including all necessary testing and qualification, and will put in place all necessary protections to ensure that any failure or defect relating to Products will not result in any other or further liability, damage, or safety issues. Any description, sample, or model is for identification or illustrative purposes only and should not be construed as a warranty that the Products will conform to the description, sample, or model. CIVCO's responsibility shall in all events be limited to repair or replacement of the failed or defective Product, and excludes any further liability for or arising out of any non-CIVCO products in which or with which CIVCO's Products may be installed, combined, or used. CIVCO reserves the right to discontinue or change the design or specifications of its Products at any time, and will use commercially reasonable efforts to notify Buyer of any discontinuation or any material change in specifications affecting form, fit or function.
8. Software & Firmware.
Any software provided by CIVCO, including without limitation internal system code, firmware, and/or operating system software ("Software") is licensed, not sold, and is provided upon the terms and subject to the conditions in the applicable license agreement, the terms of which will prevail over any contrary terms herein. Buyer will be deemed to have agreed to the terms of any applicable license(s) by opening the media envelope or installing or using the Software or the Product in which it is installed. Unless otherwise provided in the applicable license agreement, CIVCO grants Buyer, only for so long as Buyer owns the Product, a limited, personal, non-transferable, nonexclusive license to use the Software only in machine readable form and only as part of the normal operation and maintenance of the Product(s) with which it is provided. All rights in and to such Software not expressly granted to Buyer are expressly reserved. Buyer may not copy or duplicate Software, in whole or in part (other than one back-up copy, bearing all original copyright notices, for archival purposes), or transfer, sublicense, distribute, sell, lease, rent, or otherwise provide or disclose any Software, or portion thereof, to any third party, including without limitation any use over the Internet or through an application service provider model. Buyer may not circumvent any usage or other restrictions imposed by any license manager, or use Software for application development purposes. The license granted to Buyer will terminate when Buyer discontinues use of the Products with which the Software is provided.
9. Return Policy.
Except in the case of valid warranty claims, Products may be returned for refund or credit only with advance written approval and a Return Material Authorization (RMA) number from CIVCO. The RMA number is valid for 30 days from issuance and must appear on all shipping documents and related correspondence. Products returned without an RMA number may be returned to Buyer freight collect. Returned Products must have been purchased within 30 days prior to the date of return and must be unused, in the same condition as when they were shipped by CIVCO, and in their original, unopened packaging. No Product may be returned if such Product has expired according to Product labels, if the seal or package integrity has been compromised. Products must be returned freight prepaid and properly boxed to prevent damage in transit. CIVCO WILL NOT ACCEPT C.O.D. PARCELS. CIVCO will inspect returned Products and issue any applicable credits based on the terms of this policy. For stock items returned, a restocking fee of up to twenty percent (20%) of the invoice price may be charged. Special order or custom Products may be returned only if agreed by CIVCO in writing and subject to payment of CIVCO's reasonable costs associated with such Products and their return. After 30 days, all sales are final.
10. Limited Warranty.
CIVCO Products are warranted in accordance with the applicable limited warranty set out below ("Warranty"). The Warranty is effective only upon payment in full for the Product(s) to be warranted, extends only to the original Buyer, and my not be transferred to third parties by operation of law or otherwise. The Warranty may be altered or terminated by CIVCO in whole or in part for future sales at any time, without prior notice. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the Warranty or to assume for CIVCO any other liability in connection with its Products.
CIVCO Products: Products manufactured by CIVCO are warranted against defects in materials and workmanship under normal use for a period of 12 months from date of invoice, unless otherwise stated on the Product labeling and/or instructions. The warranty does not include water and air filters, test strips, and other consumables or maintenance items. CIVCO further warrants that all sterile disposable Products will be sterile for not less than 12 months from date of invoice unless otherwise stated on the Product labeling and/or instructions.
CIVCO Software & Media. CIVCO warrants that any media on which CIVCO Software is furnished will be free from defects in materials and workmanship, and the Software, when properly installed, will perform substantially in accordance with the operational features of CIVCO's published specifications at time of sale, in each case under normal use in accordance with CIVCO's Product instructions, for a period of 12 months from date of invoice. Buyer is responsible for providing and maintaining current back-ups and industry standard, updated, virus protection and firewall programs for its systems and data. CIVCO does not warrant that the operation of the Software will be uninterrupted or error free.
Third party Products. Items not manufactured by CIVCO are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer's warranty. CIVCO will not be liable for any damage or loss of any nature with respect to third party products or failure of any such supplier to perform under its warranty.
Limited Remedy: Any breach of the foregoing warranties must be reported prior to expiration of the warranty period, and Buyer's exclusive remedy and CIVCO's entire liability for such breach will be repair or replacement, at CIVCO's option, of the non-conforming Product or part or, if neither is in CIVCO's opinion commercially feasible, refund of an amortized portion of the purchase price paid for the Product. Such obligation will be subject to CIVCO being granted the reasonable opportunity to inspect, at CIVCO's expense, the non-conforming Product at the location of its use or storage or, at CIVCO's request, return of the Product to CIVCO. Replacement of Products may be made by substitution of similar or upgraded Products having the same or similar functionality. Replacement parts will be provided on an exchange (refurbished) or new part basis, as determined by CIVCO. For CIVCO Software, CIVCO will provide support, updates and upgrades for the duration of the warranty period during normal working hours or at an additional charge outside normal working hours. CIVCO will not provide support or upgrades for software not representing the then-current or most recent upgrade for the Product to be serviced. Service required beyond the normal scope of warranty (see Exclusions below) or after expiration of the warranty period will be billable repairs, and CIVCO will charge its then-current rates and prices for parts, labor and transportation. For certain high level disinfection products, prepaid service contracts may be purchased within three (3) months of the equipment purchase date.
Exclusions: CIVCO's Warranty does not cover defects or problems caused by Buyer's acts or failure to act, the acts of others, or other events beyond CIVCO's reasonable control. Without limiting the foregoing, any warranty claim, support claim, or liability is excluded, and Buyer will be solely responsible, for any problem, failure, malfunction, defect, claim, damage, liability, or safety issue arising out of (1) inadequate or faulty installation (unless performed by CIVCO) or failure to provide a suitable installation environment; (2) accident, abuse, damage, extraordinary wear and tear, or neglect, including without limitation damage in transit or improper or inadequate handling, storage, care or maintenance; (3) misuse, improper use, misapplication, or other failure to follow CIVCO's Product instructions and safety precautions, including without limitation use of Products that have expired according to Product labels, or use outside of normal or specified operating conditions or in a manner not authorized in the Product documentation; (4) use of Products in conjunction with, physically installed on, or as a component of non-CIVCO products, software, services, accessories, attachments, interfaces, or consumables, other than those supplied or specified by CIVCO for such purpose; and/or (5) computer viruses, failure of electrical power, excess or insufficient water pressure, and other changes to the operating system or environment that adversely affect the Product(s), including without limitation acts of God, explosion, fire, flood, power surges, or other causes external to the Products. Modification, disassembly, rewiring, re-engineering, recalibration, and/or reprogramming of Products (unless specifically authorized by CIVCO in writing) is prohibited and will void all warranties.
TO THE FULL EXTENT ALLOWED BY LAW, THE WARRANTY AND REMEDIES SET OUT HEREIN ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable written warranty. For European customers, any terms herein limiting CIVCO's liability shall not apply insofar as they conflict with mandatory statutory provisions of the Product Liability Act.
11. Use Restrictions & Requirements.
Buyer is responsible for compliance with all applicable laws, regulations, codes, recommendations, and requirements of government authorities and for obtaining all licenses and permits pertaining to the purchase, installation, operation, and/or use of the Products or their subsequent sale, shipment, or disposition, including any use or sale with or as a component of non-CIVCO products, it being understood that CIVCO makes no warranty of any kind regarding compliance with such requirements. Buyer may not (1) modify, alter, disassemble, or make changes to any Products, documentation, or other items provided by CIVCO, including but not limited to Product packaging, labels, and instructions, or permit any other person to do so, without CIVCO's prior written consent; or (2) import, export, sell, transfer, service, store, handle, distribute, or use the same in any manner prohibited by applicable law, including applicable export control laws, restrictions and regulations, or contrary to any written warning or instruction given by CIVCO herein, in the Product documentation, on CIVCO's website, or otherwise. Unless prohibited by applicable law, Buyer agrees to hold CIVCO harmless from all liabilities, claims, losses, damages, and expenses (including without limitation reasonable attorneys' fees and expenses) arising out of Buyer's breach of these terms and conditions.
12. Proprietary Information.
Buyer acknowledges that CIVCO's Products are based upon and embody various confidential and/or proprietary technology, processes, methods, information, and trade secrets of CIVCO and its suppliers and licensors. CIVCO and its suppliers or licensors (as applicable) shall exclusively own all inventions, technology, know-how, trade secrets, and other proprietary information of any kind used or embodied in the Products, documentation, drawings, designs, specifications, Software, and other items furnished by CIVCO, all intellectual property rights with respect thereto, and all reproductions or derivatives thereof in any form ("Proprietary Information"). Buyer shall neither acquire nor claim any right, title, or interest in, and shall exercise reasonable care to maintain the confidentiality of, CIVCO's Proprietary Information and shall use the same solely as required for its authorized use of the Products supplied hereunder. Buyer may not directly or indirectly (1) copy, adapt, develop, disassemble, reverse engineer, recast, compile, decompile, translate, or create derivative works from any Proprietary Information, or permit any other person to do so, (2) remove, alter, or obscure any copyright, trademark, patent, logo, government restricted rights, or other notices or legends from items provided by CIVCO, or (3) disclose or use CIVCO's Proprietary Information for commercial purposes or in a manner detrimental to CIVCO. Disclosures of Proprietary Information may be made only to Buyer's personnel having a specific need to know and a written obligation to protect such information no less restrictive than the restrictions herein, and Buyer will be responsible for any breach by its personnel. It is agreed that any breach of this Section may cause CIVCO irreparable harm for which recovery of damages would be inadequate, and that immediate injunctive or other equitable relief is appropriate and available to CIVCO to prevent any violation, threatened or actual, in addition to other remedies and without proof of actual damage.
13. Limitation of Liability.
Neither party will be liable for non-performance or delay in performance of any obligation (other than payment of monetary sums due) to the extent caused by events or circumstances beyond its reasonable control and without negligence on its part. For delays resulting from such causes, performance will be correspondingly extended. Any action against CIVCO arising from or relating to the Products or transactions to which these Terms apply must be brought within 2 years after the cause of action arises or performance hereunder is completed or terminated, whichever first occurs. With respect to bodily injury liability to third parties, each party will be responsible in such proportion as reflects its relative fault for damages arising from or related to the use or operation of CIVCO's Products; provided, that CIVCO will have no responsibility whatsoever and, unless prohibited by applicable law, Buyer will defend and hold harmless CIVCO from and against, all losses, liabilities, damages or injuries arising out of (1) handling, storage, installation, operation, service, or use of any Product in violation of these Terms, or (2) any non- CIVCO or custom design, manufacture, or installation of Products pursuant to Buyer's requirements, specifications or designs. IN NO EVENT WILL CIVCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT LOSSES OR DAMAGES, HOWEVER CAUSED, WHETHER OR NOT FORESEEABLE, AND EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CIVCO'S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES SHALL NOT EXCEED THE PURCHASE PRICE PAID OR PAYABLE FOR THE APPLICABLE PURCHASE ORDER. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR EUROPEAN CUSTOMERS, THE FOREGOING SHALL BE MODIFIED SOLELY AS REQUIRED UNDER THE PRODUCT LIABILITY ACT, IT BEING AGREED THAT CLAIMS OVER AND ABOVE THOSE UNDER THE PRODUCT LIABILITY ACT WILL NOT BE MADE AGAINST CIVCO, AS MANUFACTURER, UNDER ANY THEORY OF LIABILITY, INCLUDING BY MEANS OF INDEMNIFICATION OBLIGATIONS.
Buyer acknowledges that these limitations of liability are a material part of the bargain between the parties and are reflected in Product pricing, which would be higher without these limitations.
14. Governing Law.
Except where expressly prohibited by statutory or constitutional restrictions governing choice of law by a political subdivision or instrumentality, these Terms, all transactions to which they apply, and any disputes arising out of Products supplied hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Delaware, USA, excluding its conflict of law provisions. The UN Convention on Contracts for The International Sale of Goods, the Uniform Law on the Formation of Contracts for the International Sale of Goods, and any applicable international discovery and service of process conventions will be inapplicable.
Declaration of Consent
You may withdraw this consent at any time by notifying us at email@example.com, or by writing to CIVCO Medical Solutions, 2301 Jones Blvd, Coralville, Iowa 52241.
Collecting Company Information
Generally, you may browse the Site without providing any Personal Information. However, we may ask that you provide information, including, without limitation, Personal Information, at various times and locations through the Site. For example, if you decide to register with the Site to request information, you will be asked to provide information such as your name and email address. When using forms on the Site to communicate with us, you may choose to provide other Personal Information, such as your name, company name, mailing address, phone number, and email address. We may collect and store any Personal Information you input into the Site.
Protecting Personal Information
We take commercially reasonable steps to protect your Personal Information when you transmit it from your computer to the Site and to protect such information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free. In particular, e-mail sent to or from the Site may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. Where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them.
How we use Personal Information
The Personal Information collected by and through the Site may be used by CIVCO Medical Solutions, its divisions, holding companies, subsidiaries and affiliates, or other entities that are involved in the operation of the Site. We may use the information collected and provided, individually or in an aggregate form, in order to:
- contact you about the Site;
- notify you about important changes to the Site;
- evaluate products or services we could offer to you;
- monitor or improve use of the Site;
- compare and otherwise use data entered by users for any purpose including consulting, research and marketing;
- customize any advertising and content you see on the Site;
- provide specific information to you from us and/or our affiliates; and
- send you promotional material from us and/or our affiliates.
We do not sell Personal Information about you to unrelated companies for their independent use.
Corrections and Requests for Personal Information or Erasure of Personal Information
If you want us to correct your Personal Information or other information, or if you would like us to provide you with a copy of the Personal Information that we hold about you, or if you would like the Personal Information that we hold about you to be erased, please contact us by sending us an email at firstname.lastname@example.org or writing to us at CIVCO Medical Solutions. We will respond to any such requests within 30 days of receipt.
Personal Information Retention
Personal Information will be stored for as long as the information is required to fulfill our legitimate business needs or the purposes for which the Personal Information was collected, or for such period as is required by law.
Data Transfers to Countries Outside the EU/EEA
Data entered on our website are transferred to a server in the U.S. and stored there. Your data may be used (see previous section "How We Use Personal Information") by the Company and its divisions, holding companies, subsidiaries and affiliates, or other entities outside the European Union (EU) and the European Economic Area (EEA) including in the U.S. Please note that in countries outside the country in which you live, and in particular outside the EU/EEA, a different standard of data protection might apply than the standard that you are used to in your own country. By completing and submitting the contact form on our website, you acknowledge and consent that data will be transferred across international borders, including to countries outside the EU/EEA.
Disclosing Personal Information to Third Parties
In some instances, however, we may need to provide Personal Information to third parties that we use to deliver specific products or services to you (such as shipping or direct mailing organizations). In such cases, our agreements with these third parties do not permit them to use Personal Information for purposes other than fulfilling those services or allow such third parties to further disclose your Personal Information.
Domain Name and IP Address
We collect the domain names and IP addresses of our visitors for statistical purposes, to measure use, to improve the content or responsiveness of the Site, or to customize the content or layout of the Site for the individual visitor. We do not disclose this information to third parties. We may also aggregate information relating to our visitors' traffic patterns from the data that we collect and retain concerning the IP addresses and domain names of our visitors, and we may divulge such aggregate information about our users with third parties such as our business partners, distributors, and service and support providers.
You should know that e-mail is not necessarily secure against all forms of interception. If your communication includes sensitive information about your company and you would prefer not to transmit this information in this fashion, please contact us by post or telephone rather than e-mail.
We collect email addresses that are: volunteered by the visitor; through e-mail messages addressed to us or our employees; through visitor responses via the "contact us" portion of the Site; or e-mail marketing destination web pages and public events. We use e-mail addresses for marketing purposes and to inform those interested in our products about events, products, services or other items of interest. We may also use e-mail addresses volunteered by our visitors to register the visitor for an extranet account, to process orders for brochures and other written materials, or otherwise to respond to a visitor's request.
On the Site we will ask you to consent to being contacted by us for promotional and marketing purposes. However, you may opt-out of receiving promotional or marketing emails at any time by notifying us as a reply to any unwanted e-mail, by using the unsubscribe function in our newsletter, contacting us at email@example.com, or by writing to us at CIVCO Medical Solutions, 2301 Jones Blvd, Coralville, Iowa 52241. Requests to unsubscribe from CIVCO Medical Solutions e-mails may take 5 business days to process.
A cookie is an element of data that a website can send to your browser, which may then be stored on your system. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. We use one type of cookie to maintain your login information for as long as you are using the Site. No Personal Information is stored in this cookie and the cookie is deleted from your computer when you leave the Site. Our second cookie type simply identifies you as you move throughout the Site, providing faster, personalized access to view various site pages.
This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google").
Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the U.S. If the IP anonymization is activated, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. In exceptional cases, the full IP address is sent to and shortened by Google servers in the U.S.
On behalf of the website provider Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google.
Further information concerning the terms and conditions of use and data privacy can be found at:https://www.google.com/intl/en/policies/privacy/partners/ http://www.google.com/analytics/terms/gb.html https://www.google.de/intl/en_uk/policies/ https://support.google.com/analytics/answer/6004245?hl=en
Please note that on this website, Google Analytics code is supplemented by "anonymizeIp" to ensure an anonymized collection of IP addresses within the EU and EEA (IP-masking)].
Our website is not intended for children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not access, use, or provide any information on the Site or on or through any of its features. If we learn we have collected or received Personal Information from a child under 13 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us by sending us an email at firstname.lastname@example.org or writing to us CIVCO Medical Solutions, 2301 Jones Blvd, Coralville, Iowa 52241.
Whilst every effort and measure is taken to reduce the risk of data breaches, we have dedicated controls and procedures in place for such situations, along with the procedures that are required to make notifications to the relevant Supervisory Authority and data subjects (where applicable).
Comments and Questions
Product Warranty Statement
Please take a few minutes to review CIVCO's Limited Warranty Disclaimer below.
Limited Warranty; Disclaimer.
Products Manufactured by CIVCO:
CIVCO warrants that products manufactured by CIVCO will be free from defects in materials and workmanship under normal use for a period of 12 months from the date of invoice by CIVCO unless otherwise stated on the Product labeling and/or instructions. CIVCO further warrants that all sterile disposable products will be sterile for not less than 12 months from the date of invoice by CIVCO unless otherwise stated on the Product labeling and/or instructions.
CIVCO Software & Media.
CIVCO warrants that the media on which any CIVCO software is furnished will be free from defects in materials and workmanship, and that the software will perform substantially in accordance with the operational features of CIVCO's published specifications at the time of sale, in each case under normal use in accordance with CIVCO's Product manuals and instructions for use, for a period of 12 months from date of invoice by CIVCO. Buyer is responsible for providing and maintaining current back-ups and industry standard, updated, virus protection and firewall programs for its systems and data. CIVCO makes no warranty that the operation of any software, firmware or data archiving utilities will be uninterrupted or error free.
Products Not Manufactured by CIVCO:
Products, software and media not manufactured by CIVCO are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer's warranty. CIVCO will have no warranty liability with respect to components, software or products supplied by third parties, or failure of any such supplier to perform under its warranty.
Any breach of the foregoing warranties must be reported prior to expiration of the warranty period, and Buyer's exclusive remedy and CIVCO's entire liability for breach of the foregoing warranties will be repair or replacement, at CIVCO's option, of the non-conforming Product or part or, if neither is in CIVCO's opinion commercially feasible, refund of an amortized portion of the purchase price paid for the Product. Such obligation will be subject to CIVCO being granted the reasonable opportunity to inspect, at CIVCO's expense, the non-conforming Product at the location of its use or storage or, at CIVCO's request, return of the Product to CIVCO. Any replacement of products or software may be made by substitution of similar or upgraded products having the same or similar functionality. For CIVCO software, CIVCO will provide software support, updates and upgrades for the duration of the warranty period during normal working hours or at an additional charge outside normal working hours. CIVCO will not provide support or upgrades for software not representing the then-current or most recent upgrade for the Product to be serviced. After expiration of the warranty period, CIVCO will charge Buyer its then-current prices for parts, labor and transportation or, upon request, will furnish quotes for prepaid service contracts for further service and support.
Exclusions from Coverage:
Any warranty claim, support claim, or liability is excluded where such claim or liability is not caused by CIVCO and arises out of (1) accident, theft, misuse, or neglect; (2) products that have expired according to product labels, or use of products outside of normal operating conditions, specifications, or environment or in a manner not authorized by CIVCO in the applicable Product documentation and instructions; (3) products that have been improperly handled or stored, including lack of routine care or maintenance as indicated in the applicable product documentation and instructions, or maintenance by an unauthorized third party service provider; (4) user modification or relocation of any product; (5) computer viruses, failure of electrical power, and other changes to the operating system or environment that adversely affect the product, including without limitation acts of God, electrical power surges, or other causes external to the products; (6) defects, problems, or failures created by third party products (except those comprising parts or components of CIVCO products) or their use or interface with CIVCO products; or (7) latent defects discovered after expiration of the applicable warranty period.
TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING LIMITED WARRANTIES AND REMEDIES ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NONINFRINGEMENT, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT WILL CIVCO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT LOSSES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF BUSINESS OR PROFITS, OR LOSS OF OR DAMAGE TO DATA, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CIVCO'S AND ITS SUPPLIERS' AND LICENSORS' TOTAL LIABILITY IN DAMAGES OR OTHERWISE WILL NOT EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE PRODUCT(S) THAT GAVE RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BUYER ACKNOWLEDGES THAT THESE LIMITATIONS OF LIABILITY ARE A MATERIAL PART OF THE BARGAIN BETWEEN THE PARTIES AND ARE REFLECTED IN PRODUCT PRICING, WHICH WOULD BE HIGHER WITHOUT THESE LIMITATIONS.
Certain Legal Limitations:
The foregoing warranties give Buyers specific legal rights which may vary based on local law. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to certain Buyers. When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable written warranty.
If you are a California resident, please click here for more information about your specific privacy rights.
Your privacy is important to us. Please read this Privacy Notice carefully to learn how we collect, use, share, and otherwise process information relating to individuals ("Personal Data"), and to learn about your rights and choices regarding your Personal Data.
CIVCO Medical Solutions is the controller of your Personal Data as described in this Privacy Notice, unless specified otherwise. This Privacy Notice applies to the collection and processing of Personal Data collected by us when you visit our branded websites that link to this Privacy Notice; use our online products and services as an authorized user where we act as a controller of your Personal Data; visit our branded social media pages; visit our facilities; communicate with us (including emails, phone calls, texts or fax); or register for, attend or take part in our events, webinars, trade shows or contests.
This Privacy Notice does not apply when we process Personal Data on behalf of our customers in the role of processor or other service provider, such as when we allow customers to create their own websites/applications to offer their own products and services, to send electronic communications to others; or otherwise use, collect, share or process Personal Data via our online products and services. Our customers' privacy policies may be different from ours, and we are not responsible for those practices. For information about the privacy practices of our customers who use our products and services as a controller, please contact that customer directly.
Collection of Personal Data.
We collect three types of Personal Data from you:
- Information You Provide: We collect and record any information that you provide to us directly, including any personal identifiers, professional or employment-related information, financial account information, commercial information, visual information, or internet activity information that you provide to us through this website or other medium.
- Information We Collect Automatically: We automatically collect and store information about your use of this website and our services. To do so, we may use cookie technology and other online identifiers to track your IP address, web browser, geolocation, or your activity on this site.
- Other Information We Collect: We may combine data from other source with Personal Data we from you. These other sources may be from third parties or from publicly available sources. This may include information related to your employment, education, commercial interactions, and internet activity.
In some cases, the collection and processing (see Section 2 below) of Personal Data is required for you to receive certain products or services. Personal Data does not include information that is anonymized or aggregated such that you cannot be identified from it.
If you provide us or our service providers with any Personal Data relating to other individuals, you represent that you have the authority to do so and have obtained any necessary consent for the information to be used in accordance with this Privacy Notice. If you believe that your Personal Data has been provided to us improperly or want to exercise your rights relating to your Personal Data, please contact us by using the information in Contact Us section (Section 16) below.
Processing and Use of Personal Data.
We process your Personal Data for the purposes listed below. Where required by law, we obtain your consent to use and process your Personal Data for these purposes. Otherwise, we rely on another authorized legal basis (including but not limited to the (a) performance of a contract or (b) legitimate interest) to collect and process your Personal Data.
- Securing our websites and services: We process your Personal Data as part of our efforts to maintain, monitor and secure our website and services. This may include aggregating data, verifying accounts, investigating suspicious activity, and enforcing our terms and policies to the extent necessary to further our legitimate interest in maintaining a safe and secure website, products and services and in protecting our rights and the rights of others.
- User Account Management: If you have registered for an account with us, we process your Personal Data to manage your user account for the purpose of meeting our obligations to you according to applicable contract or terms of service.
- Responding to contact requests: If you contact us electronically or by phone, we process your Personal Data to perform our contract with you or to the extent it is necessary for our legitimate interest in responding to your inquiry and communicating with you. We may record and process communications for training, quality assurance, and administration purposes. If required under applicable law, we will obtain your prior consent or give you the option to object to a call being recorded.
- Managing payments: We may process your financial information and other Personal Data to verify that information and to collect payments to the extent that doing so is required to perform our contract with you.
- Tracking office visitors: If you visit our facilities, we may process your Personal Data for security, health, or safety reasons (including any NDAs our visitors may be required to sign) to the extent such processing is necessary to further our legitimate interest in protecting our offices and our confidential information against unauthorized access.
- Marketing and Advertising: We may process your Personal Data to advertise to you, conduct market research, and to provide other personalized content based upon your Personal Data to the extent it is necessary for our legitimate interest in advertising our websites, services or products. Where legally required, we will obtain your consent before engaging in any marketing or advertising.
- Complying with legal and safety obligations: We process your Personal Data when cooperating with public and government authorities, protecting our legal rights, conducting audits, and protecting against abuse of our services and products.
Protecting Personal Data.
We take commercially reasonable precautions to protect the Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, or destruction. While we follow generally accepted standards to protect Personal Data, no method of storage or transmission is 100% secure or error-free. Personal Data you send to or from the website or via e-mail may not be secure, and we encourage you to contact us about more secure ways to share sensitive information when necessary. Where you use passwords, ID numbers, or other special access features on this site, it is your responsibility to safeguard them and to log out of any accounts you access after your sessions.
Your Individual Rights.
You may have certain rights relating to your Personal Data based on applicable local data protection laws. Depending on the applicable laws these rights may include the right to:
- Request and receive copies of your Personal Data that we hold;
- Request additional information about how we process your Personal Data;
- Correct inaccurate or incomplete Personal Data (taking into account our use of it);
- Request deletion of your Personal Data;
- Restrict or object to our processing of your Personal Data. Where we process Personal Data for direct marketing purposes (either by us or third parties), you may not have to provide a specific reason for such objection;
- Require us (if possible) to transfer your Personal Data to another controller (i.e., data portability);
- Restrict certain disclosures of your Personal Data to third parties;
- Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects; and
- Withdraw your consent to the processing of your Personal Data (to the extent we base processing on consent and not on another lawful basis).
We will not discriminate against you, in any manner prohibited by applicable law, for exercising these rights. You may exercise these rights, to the extent applicable, by sending us an email at email@example.com, writing to us at CIVCO Medical, Attn: Data Privacy, 2301 Jones Blvd, Coralville, Iowa 52241. We will respond to any such requests within 30 days of receipt.
Personal Data Retention.
Personal Data will be stored for as long as the information is required to fulfill our legitimate business needs or the purposes for which the Personal Data was collected, or for such period as is required by law.
Data Transfers to Countries Outside the EU/EEA.
Data entered on our website are transferred to a server in the U.S. and stored there]. Your data may be used and disclosed by the Company and its divisions, holding companies, subsidiaries and affiliates, or other entities outside the European Union (EU) and the European Economic Area (EEA) including in the U.S. Please note that in countries outside the country in which you live a different standard of data protection might apply than the standard that you are used to in your own country.
Disclosing Personal Data to Third Parties.
We do not sell Personal Data about you to unrelated companies for their independent use. We may share your Personal Information with the categories of recipients described below:
- CIVCO Medical Solution's divisions, holding companies, subsidiaries, and affiliates.
- Third party service providers or other entities that perform services on our behalf, help us provide you with our products and services, and that otherwise support our relationship with you (such as shipping or direct mailing organizations). These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by applicable data protection laws.
- Law enforcement, government agencies, or other regulators to comply with law or legal requirements, to enforce our agreements, and to protect our rights and the property or safety of CIVCO Medical Solutions, our users, or third parties.
- Transactional parties if we, or some or all of our assets, acquire or are acquired by another entity, including through a sale or in connection with a bankruptcy.
- Your employer or coworkers if you receive our products or services in connection with your employment.
We may also share Personal Information that has been deidentified or aggregated with third parties for any purpose.
Promotional and Marketing Policy.
We may ask you to consent to being contacted by us for promotional and marketing purposes. However, you may opt-out of receiving promotional or marketing emails at any time by notifying us as a reply to any unwanted e-mail, by using the unsubscribe function in our newsletter, contacting us at firstname.lastname@example.org, or by writing to us at CIVCO Medical Solutions, Attn: Data Privacy, 2301 Jones Blvd, Coralville, Iowa 52241. Requests to unsubscribe from CIVCO Medical Solutions e-mails may take 5 business days to process.
Cookies and Tracking Technologies.
Please see our Cookies and Tracking Technologies Notification below.
Our website is not intended for children under 16 years of age. No one under age 16 may provide any information to us through this website. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not access, use, or provide any information on the website or on or through any of its features. If we learn we have collected or received Personal Data from a child under 16 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us by sending us an email at email@example.com or writing to us at CIVCO Medical Solutions, Attn: Data Privacy, 2301 Jones Blvd, Coralville, Iowa 52241.
While every effort and measure is taken to reduce the risk of data breaches, we have dedicated controls and procedures in place for such situations, along with the procedures that are required to make notifications to the relevant Supervisory Authority and data subjects (where applicable).
California Consumer Privacy Act Disclosures
This California Consumer Privacy Act disclosure page ("Disclosure") supplements the Privacy Notice above and is effective as of 7/31/2021. The Privacy Notice describes the personal information that we collect, the sources from which we collect it, the purposes for which we use it, the limited circumstances under which we share personal information, and with whom we share it. These additional disclosures are required by the California Consumer Privacy Act:
Categories of personal information collected. The personal information that CIVCO Medical Solutions collects, or has collected from consumers in the twelve months prior to the effective date of this Disclosure, fall into the following categories established by the California Consumer Privacy Act:
- identifiers (e.g., name, address, phone number, IP address);
- protected classifications (e.g., age, gender, gender identity);
- financial and commercial information (e.g., credit card numbers, purchase history);
- internet or other online activity information;
- biometric information;
- geolocation data (e.g., computer/device location);
- audio or visual information;
- professional/educational information; and
- inferences drawn from any of the above.
Categories of personal information disclosed for a business purpose. In the 12 months prior to the effective date of this Disclosure, CIVCO Medical Solutions has disclosed to the third parties identified in the “Disclosing Personal Information to Third Parties” section of the Privacy Notice above personal information that falls into the following categories established by the California Consumer Privacy Act:
- protected classifications;
- financial and commercial information;
- internet or other online activity information;
- geolocation data;
- audio or visual information; and
- professional/educational information.
Right to Access to or Delete Personal Information: The California Consumer Protect Act may provide you with the right to request information about the personal information CIVCO Medical Solutions collects about you, to receive a copy of your personal information, or delete the personal information we hold. If you wish to do any of these things, please visit here or contact Customer Service. Depending on your data choices, certain services may be limited or unavailable. You may exercise these rights by sending us an email at firstname.lastname@example.org, writing to us at 2301 Jones Blvd Coralville, Iowa 52241, making the request via our website at https://www.civco.com/contact/, or by calling 1-800-445-6741. We will respond to any such requests within 30 days of receipt.
No sale of personal information. CIVCO Medical Solutions has not sold any personal information of consumers, as those terms are defined under the California Consumer Privacy Act, in the 12 months prior to the effective date of this Disclosure.
No Discrimination. CIVCO Medical Solutions will not discriminate against any consumer for exercising their rights under the California Consumer Privacy Act.
COOKIES AND TRACKING TECHNOLOGIES
Strictly-necessary cookies and technology. These are cookies and other technologies that are required for the operation of our website, our products, and our services, and therefore cannot be turned off. You can set your browser or device to block or alert you about these cookies, but functionality may be impaired. These cookies do not store any personal data. These cookies are used solely for the purpose of carrying out or facilitating the transmission of a communication and are strictly necessary to provide you with the information society service you have expressly requested. The use of these cookies for the purposes described above is based on our legitimate interest to ensure your access to and the proper technical functioning of our website, products, and services that you have expressly requested.
Targeting cookies. These cookies record your activity on our site or using our services including the pages you have visited and the links you have followed. We may use this information to make our content more relevant to you to measure the effectiveness of our marketing. We may also share this information with third parties for this purpose. These are also optional cookies, although if you do not allow these cookies, you will experience less targeted advertising.
Your Choices: Managing Your Preferences
When you first visit our website you will be presented with a banner which offers you a choice about whether to accept or reject cookies or tracking technologies of different types, with the exception of those cookies which are strictly necessary for a particular service.
If you wish, you can also choose how web browser cookies are handled by your device via your browser settings. Some devices allow you to control this through your device settings. If you choose not to receive cookies at any time, websites may not function properly and certain services will not be provided. Each browser and device is different, so check the settings menu of the browser or device to learn how to change your settings and cookie preferences.
You can find information on how to manage cookie settings on certain browsers via the following links:
- Cookie settings in Chrome
- Cookie settings in Firefox
- Cookie settings in Internet Explorer
- Cookie settings in Safari
Our Use of Google Analytics. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).
Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the U.S. If the IP anonymization is activated, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement in the European Economic Area. In exceptional cases, the full IP address is sent to and shortened by Google servers in the U.S.
On behalf of the website provider, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google.
Further information concerning the terms and conditions of use and data privacy can be found at:
Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses within the EU and EEA (IP-masking)].
CIVCO use's HubSpot to handle it's website cookies. You can view the policy on their website.