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HAYEK MEDICAL DEVICES – TERMS & CONDITIONS 

1. Applicability

These Terms and Conditions (“Terms”) govern all quotations, proposals, sales orders, invoices, rentals, subscriptions, evaluation equipment, and related transactions (“Transactions”) issued by Hayek Medical Devices (“Hayek”).

Submission of a purchase order, acceptance of a quotation, issuance of an order through any system (including electronic platforms such as Odoo), or acceptance of delivery constitutes acceptance of these Terms. These Terms supersede any conflicting or additional terms proposed by Customer unless expressly agreed to in writing by Hayek.

2. Pricing & Quote Validity

Quotations are valid for thirty (30) days from issuance unless otherwise stated. Pricing may be modified or withdrawn at any time thereafter without notice. All prices are stated in U.S. Dollars (USD) and exclude applicable taxes, duties, shipping, handling, and other charges unless expressly stated.

3. Payment Terms

Payment terms are Net 30 days from invoice date unless otherwise agreed in writing. Past due balances may, at Hayek’s election, accrue interest at 1.5% per month (or the maximum permitted by law), compounded monthly.

Hayek reserves the right, without liability, to:

  • Suspend shipments, rentals, or services
  • Withhold performance on any Transaction
  • Require prepayment or revised terms
  • Apply payments across outstanding balances at its sole discretion

Acceptance of partial payment does not waive any rights.

4. Orders; Binding Effect; Cancellation

All orders are subject to acceptance by Hayek. Submission of a purchase order, acceptance of a quotation, or issuance of an order through any system constitutes a binding, non-cancelable commitment to purchase. Orders may not be canceled, modified, or rescheduled without Hayek’s prior written consent. Requests for cancellation must be submitted in writing within four (4) hours of order receipt; however, acceptance of such requests is at Hayek’s sole and absolute discretion. Orders that have entered processing, allocation, production, configuration, or shipment preparation are not cancelable and may be invoiced in full. Hayek reserves the right to enforce full performance of any accepted order where inventory, materials, or resources have been committed.

5. Shipping, Delivery & Risk of Loss

All shipping, handling, freight, insurance, and related charges are the responsibility of Customer unless otherwise stated in writing. Title to goods remains with Hayek until payment is received in full. Risk of loss transfers upon delivery to the carrier or Customer, whichever occurs first. Delivery dates are estimates only and are not guaranteed.

6. Rentals, Subscriptions & Equipment Responsibility

Rental and subscription products are provided on a recurring basis unless otherwise specified in writing.

  • Rentals automatically renew for successive billing periods unless canceled in writing prior to the next billing date
  • Prepaid rental periods defer billing until the end of the prepaid term
  • Customer remains responsible for all charges incurred through the effective cancellation date
  • Hayek reserves the right to suspend or terminate rental services for non-payment without liability

7. Equipment Return; Loss; Damage

Customer shall return all rental equipment promptly upon termination or expiration of the applicable rental period, in accordance with Hayek’s instructions, and in good working condition, ordinary wear and tear excepted. Failure to return equipment does not constitute termination of the rental and does not relieve Customer of ongoing payment obligations. In the event equipment is not returned, lost, stolen, damaged beyond reasonable repair, or returned incomplete or with missing components, Customer shall be responsible for the full replacement value of the equipment, as determined by Hayek in its reasonable discretion.

8. Replacement Value; Charges

Replacement value may be based on, without limitation:

  • Current list price
  • Manufacturer suggested retail price (MSRP)
  • Cost to replace with a new or functionally equivalent unit

Hayek reserves the right to invoice such amounts immediately upon determination of loss, non-return, or damage. Customer shall also be responsible for all related costs, including inspection, testing, refurbishment, recovery, shipping, and administrative expenses. Rental charges shall continue to accrue until equipment is returned and accepted by Hayek or replacement charges are paid in full. Equipment not returned within five (5) days of written request may, at Hayek’s discretion, be deemed purchased by Customer at replacement value.

9. Evaluation / Trial Equipment

Equipment provided at no charge for evaluation, demonstration, or trial purposes (“Evaluation Equipment”) remains the sole property of Hayek and is provided on a temporary, conditional basis only.

Evaluation Equipment must be returned:

  • Within the agreed evaluation period, or
  • Immediately upon written request by Hayek

Failure to return Evaluation Equipment does not constitute a transfer of ownership.

10. Failure to Return (Evaluation Equipment)

If Evaluation Equipment is not returned within five (5) days of the end of the evaluation period or written request, then at Hayek’s sole discretion:

  • The evaluation shall be deemed concluded, and
  • Customer shall be responsible for the full replacement value of the equipment, as determined by Hayek

Customer assumes full responsibility for Evaluation Equipment while in its possession, including loss, theft, damage, or misuse.

11. Taxes

Customer is responsible for all applicable taxes, duties, and governmental charges, excluding taxes based solely on Hayek’s net income.

12. Inspection; Acceptance; Disputes

Customer shall inspect all goods and services upon receipt. Any claim, discrepancy, or dispute must be submitted in writing within seven (7) days of receipt or invoice date, whichever is earlier. Failure to do so constitutes final acceptance.

13. Warranty Disclaimer

Products are warranted solely to materially conform to Hayek’s published specifications at the time of delivery. Except as expressly stated, no other warranties are provided, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.

14. Limitation of Liability

To the maximum extent permitted by law:

  • Hayek shall not be liable for any indirect, incidental, special, or consequential damages
  • Hayek’s total aggregate liability shall not exceed the amounts actually paid under the applicable Transaction

15. Default; Collection; Remedies

In the event of non-payment or breach:

  • All outstanding amounts become immediately due and payable
  • Hayek may suspend or terminate performance without liability
  • Customer shall be responsible for all reasonable costs of collection, including legal fees, court costs, and collection agency fees where permitted

16. Governing Terms

These Terms govern all Transactions unless a separate written agreement executed by both parties expressly supersedes them.

17. Contact

All correspondence must be directed to: USORDERS@hayekmedical.com