Terms & Conditions
1. Scope of Agreement
These Terms and Conditions govern the sale and use of microscopes and equipment (“the Product”) provided by Nova Optics (“the Company”) to the purchaser (“the Customer”). By purchasing and/or using the Product, the Customer agrees to be bound by these Terms and Conditions.
2. Product Use
The Product is intended for use by licensed medical professionals only and must be used in accordance with all applicable laws, regulations, and industry standards. The Customer acknowledges that the Product is not intended for use in critical or life-threatening situations.
3. Payment
Customer agrees to pay the agreed-upon purchase price for the Product in full upon receipt of invoice, unless otherwise specified in writing by the Company. All payments shall be made in the currency specified by the Company.
4. Delivery
The Company will make commercially reasonable efforts to deliver the Product to the Customer within the agreed-upon timeframe. However, the Company shall not be liable for any delays caused by circumstances beyond its reasonable control, including but not limited to acts of nature, transportation delays, or supplier shortages.
5. Title and Risk of Loss
Title to the Product shall pass to the Customer upon delivery, subject to full payment of the purchase price. Risk of loss or damage to the Product shall pass to the Customer upon delivery.
6. Limited Warranty
The Product is covered by a limited warranty against defects in materials and workmanship for a period of 2 years. The Company’s sole obligation under this warranty shall be to repair or replace, at its discretion, any defective Product within the warranty period. This warranty does not cover damage caused by misuse, neglect, or unauthorized repair.
7. Limitation of Liability
To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the Product, including but not limited to lost profits, loss of data, or loss of business opportunity.
8. Indemnification
Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with the Customer’s use of the Product.
9. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
10. Waiver and Severability
The failure of either party to enforce any provision of these Terms and Conditions shall not constitute a waiver of such provision or any other provision. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.