1. INTRODUCTION
These Terms & Conditions ("Terms") govern your access to and use of www.surgestore.in ("Website"), including browsing, registration, quotation requests, product purchases, communications, and any other use of the Website.
The Website is operated by Jindal Medi Surge ("JMS", "Company", "we", "our", or "us"), having its registered office at:
5A/5 Ansari Road, Darya Ganj, New Delhi – 110002, India.
By accessing or using the Website, placing an order, purchasing any product, submitting information, or otherwise interacting with the Website, you acknowledge that you have read, understood, and agreed to these Terms.
These Terms should be read together with the Company's Privacy Policy, Cookies Policy, Refund Policy, Medical Device Disclaimer, Shipping Policy, and any other policies published on the Website.
If you do not agree to these Terms, you must immediately discontinue use of the Website.
2. DEFINITIONS
For these Terms:
"Purchaser" means any individual, company, hospital, clinic, healthcare institution, distributor, importer, reseller, professional, organization, or other person purchasing or attempting to purchase products through the Website.
"Products" means all medical devices, orthopedic implants, instruments, equipment, consumables, rehabilitation products, veterinary products, wellness products, accessories, and other goods offered through the Website.
"Third-Party Products" means products manufactured, branded, supplied, or distributed by parties other than JMS.
"Applicable Law" means all laws, regulations, rules, standards, orders, requirements, and governmental restrictions applicable to the relevant transaction, product, purchaser, destination, or use.
3. ELIGIBILITY
You represent and warrant that:
You are legally competent to enter into a binding agreement.
You have authority to purchase Products.
All information provided by you is accurate and complete.
You will comply with all Applicable Laws.
You will use Products only for their intended and lawful purposes.
Where required, you possess all professional licenses, registrations, permits, prescriptions, institutional approvals, and other authorizations necessary to purchase, possess, import, distribute, or use the Product.
If purchasing on behalf of an organization, you represent that you have full authority to bind that organization to these Terms.
4. NATURE OF PRODUCTS
The Website may offer, without limitation:
Orthopedic Implants
Orthopedic Plates
Orthopedic Screws
Intramedullary Nails
Wires, Pins and Staples
Spine Implants
Hip and Joint Replacement Products
External Fixators
Arthroscopy Implants
Arthroscopy Equipment
Orthopedic Instruments
Surgical Instruments
Orthopedic Electric Power Tools
Orthopedic Battery Power Tools
Rehabilitation Products
Medical Equipment
Surgical Consumables
Bone Cement and Bone Fillers
Veterinary Orthopedic Products
Veterinary Surgical Instruments
Wellness Products
Third-Party Medical Products
Other healthcare products and accessories
Certain Products may be designated as Professional Use Only, Hospital Use Only, Prescription Required, Restricted Sale, Veterinary Use, Single Use, Sterile, Non-Sterile, or subject to other restrictions.
JMS may require documentation, licenses, declarations, prescriptions, end-use certificates, import permits, professional credentials, or other information before accepting or fulfilling an order.
JMS may refuse or cancel an order where requested documentation is not provided or is considered insufficient.
5. PURCHASER'S SOLE RESPONSIBILITY
The Purchaser acknowledges that JMS is not responsible for determining whether a Product is suitable for the Purchaser's particular medical, surgical, veterinary, technical, regulatory, commercial, or other requirements.
The Purchaser is solely responsible for:
Selecting the appropriate Product;
Confirming dimensions and specifications;
Confirming compatibility;
Confirming intended use;
Confirming suitability for the intended patient or animal;
Obtaining professional advice;
Obtaining prescriptions or approvals where required;
Ensuring proper storage and handling;
Ensuring proper sterilization where applicable;
Ensuring proper cleaning and maintenance;
Ensuring appropriate surgical technique;
Ensuring appropriate professional qualifications;
Ensuring regulatory compliance;
Ensuring lawful importation;
Ensuring lawful resale or distribution; and
Complying with all Applicable Laws.
JMS does not assume responsibility for any of these matters merely because it supplied a Product.
6. NO MEDICAL, SURGICAL OR VETERINARY ADVICE
Nothing on the Website constitutes medical, surgical, veterinary, diagnostic, therapeutic, rehabilitation, or clinical advice.
Product information, specifications, photographs, videos, descriptions, technical information, educational content, communications, and other Website materials are provided for general informational and purchasing purposes only.
The Purchaser and end user must obtain appropriate advice from a qualified healthcare or veterinary professional where required.
JMS does not make clinical decisions on behalf of the Purchaser, surgeon, physician, veterinarian, hospital, clinic, or other healthcare professional.
7. PRODUCT INFORMATION
JMS makes reasonable efforts to provide accurate Product information. However, the Purchaser acknowledges that:
Images may be illustrative.
Product appearance may vary.
Packaging may change.
Labels may change.
Dimensions may vary within applicable manufacturing tolerances.
Specifications may be revised.
Manufacturers may modify Products.
Product availability may change.
Third-party information may be incomplete or inaccurate.
Website information may contain typographical or technical errors.
JMS does not guarantee that every Product description, photograph, specification, price, technical detail, or other Website information is complete, current, uninterrupted, or error-free.
The Purchaser must verify critical specifications before ordering.
8. ORDERS ARE SUBJECT TO ACCEPTANCE
Submitting an order through the Website does not automatically constitute acceptance by JMS.
Every order is subject to:
Product availability;
Price verification;
Payment confirmation;
Regulatory requirements;
Documentation;
Export restrictions;
Import restrictions;
Shipping feasibility;
Internal approval; and
Other applicable requirements.
JMS reserves the right to refuse, cancel, suspend, modify, or limit any order at any time where reasonably necessary, including because of:
Stock unavailability;
Pricing or listing errors;
Regulatory restrictions;
Documentation deficiencies;
Payment problems;
Suspected fraud;
Export restrictions;
Shipping restrictions;
Legal requirements; or
Other legitimate reasons.
Where an order is cancelled after payment, the Purchaser's remedy shall, subject to Applicable Law, be limited to refund of the amount actually received by JMS for the cancelled Product.
9. PRICES
Prices displayed on the Website may change without notice.
JMS reserves the right to correct pricing, promotional, technical, typographical, or listing errors.
A price displayed incorrectly does not automatically create a binding obligation upon JMS to supply the Product at that price.
Taxes, duties, shipping charges, customs charges, regulatory charges, and other applicable costs may be payable separately unless expressly stated otherwise.
10. PAYMENT
Payments may be processed through authorized payment gateways, banks, financial institutions, or other payment providers.
JMS is not responsible for:
Banking delays;
Payment gateway failures;
Currency fluctuations;
Bank charges;
Unauthorized third-party transactions;
Financial institution errors;
Payment-processing interruptions; or
Events outside JMS's reasonable control.
The Purchaser remains responsible for ensuring that payment information and billing details are accurate.
11. INTERNATIONAL ORDERS
International Purchasers acknowledge that medical devices and healthcare products may be regulated differently in every country.
The Purchaser is solely responsible for determining whether a Product may legally be:
Imported;
Registered;
Distributed;
Resold;
Possessed; or
Used
in the destination country.
The Purchaser is solely responsible for:
Import permits;
Product registration;
Regulatory approvals;
Licenses;
Customs clearance;
Duties;
Taxes;
Tariffs;
Local labeling;
Local language requirements;
Authorized representatives;
End-use documentation;
Importer obligations;
Distribution requirements; and
Other local requirements.
JMS does not guarantee that any Product is approved, registered, licensed, cleared, or legally saleable in any particular country.
Failure to obtain import clearance or regulatory approval shall not create liability against JMS, except to the minimum extent liability cannot legally be excluded.
12. EXPORT CONTROLS AND SANCTIONS
All transactions are subject to Applicable Laws relating to export controls, sanctions, trade restrictions, customs, and governmental requirements.
JMS may refuse or cancel transactions where fulfilling an order may violate Applicable Law or expose JMS to regulatory, sanctions, export-control, or compliance risk.
The Purchaser shall not export, re-export, transfer, distribute, or resell Products in violation of Applicable Law.
13. SHIPPING AND DELIVERY
Delivery dates and shipping estimates are not guaranteed unless expressly confirmed in writing.
JMS shall not be liable for delays arising from circumstances outside its reasonable control, including:
Customs;
Government authorities;
Import restrictions;
Carrier delays;
Transportation disruption;
Natural disasters;
War;
Civil unrest;
Labor disputes;
Epidemics;
Pandemics;
Port closures;
Cyber incidents;
Supply-chain disruptions; or
Force majeure events.
Where permitted by Applicable Law and the agreed delivery terms, risk shall transfer to the Purchaser upon delivery to the applicable carrier.
The Purchaser is responsible for promptly inspecting shipments and notifying JMS of apparent damage, shortage, or discrepancy within the period specified in the applicable Refund Policy.
14. RETURNS AND REFUNDS
Returns and refunds are governed by the Company's Refund Policy.
Due to safety, sterility, traceability, hygiene, regulatory, and product-integrity requirements, certain Products may be non-returnable, including:
Sterile implants;
Opened sterile Products;
Used Products;
Customized Products;
Personalized Products;
Special-order Products;
Products manufactured specifically for the Purchaser;
Products with compromised packaging;
Certain consumables; and
Products subject to regulatory restrictions.
Nothing in these Terms removes any mandatory statutory right that cannot legally be excluded.
15. THIRD-PARTY PRODUCTS
The Website may contain or offer Third-Party Products.
Where applicable, the manufacturer's warranty, instructions, specifications, limitations, and conditions shall apply.
JMS shall not be responsible for claims attributable solely to a third-party manufacturer, supplier, brand owner, or service provider, except to the extent such liability cannot legally be excluded.
JMS does not provide any additional warranty concerning Third-Party Products unless expressly provided in writing.
16. INTELLECTUAL PROPERTY
All Website content, including trademarks, logos, photographs, product images, text, graphics, videos, technical documents, software, designs, and other materials, belongs to JMS or its respective licensors.
No content may be reproduced, copied, modified, distributed, commercially exploited, or republished without prior written authorization, except where permitted by Applicable Law.
17. USER CONDUCT
Users shall not:
Violate Applicable Law;
Provide false information;
Impersonate another person;
Upload malicious software;
Attempt unauthorized access;
Circumvent Website security;
Interfere with Website operation;
Infringe intellectual-property rights;
Conduct fraudulent transactions;
Scrape or systematically copy Website content without authorization; or
Use Products or Website services for unlawful purposes.
JMS may suspend or terminate access where reasonably necessary.
18. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by Applicable Law, the Website, Website content, services, and Products are provided on an "AS IS" and "AS AVAILABLE" basis.
Except for warranties expressly provided in writing by JMS, JMS disclaims all express, implied, statutory, and other warranties, including warranties of:
Merchantability;
Fitness for a particular purpose;
Accuracy;
Availability;
Compatibility;
Non-infringement;
Uninterrupted operation; and
Error-free operation.
No information provided through the Website creates a warranty unless expressly confirmed in writing by JMS.
19. MAXIMUM EXCLUSION OF LIABILITY
To the fullest extent permitted by Applicable Law, JMS, SurgeStore.in, their owners, directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, licensors, manufacturers, logistics partners, payment providers, and service providers shall not be liable for any loss, damage, injury, claim, expense, or liability arising from or relating to the Website, Products, orders, transactions, shipping, Product use, Product information, or inability to use a Product.
Without limitation, JMS shall not be liable, to the maximum extent permitted by law, for:
Personal injury;
Death;
Medical complications;
Veterinary complications;
Surgical outcomes;
Treatment outcomes;
Product misuse;
Incorrect Product selection;
Incorrect sizing;
Incorrect configuration;
Product incompatibility;
Improper implantation;
Improper surgical technique;
Improper sterilization;
Improper storage;
Improper handling;
Unauthorized modification;
Unauthorized repair;
Use contrary to instructions;
Use outside intended purpose;
Use by unqualified persons;
Regulatory violations;
Import restrictions;
Customs seizure;
Product registration failure;
Government action;
Shipping delays;
Carrier loss or damage after transfer of risk;
Business interruption;
Loss of profits;
Loss of revenue;
Loss of customers;
Loss of contracts;
Loss of goodwill;
Loss of opportunities;
Loss of anticipated savings;
Data loss;
Cybersecurity incidents;
Indirect damages;
Incidental damages;
Special damages;
Consequential damages;
Exemplary damages; or
Punitive damages.
This limitation applies regardless of whether the claim is based on contract, warranty, negligence, tort, statute, strict liability, or any other legal theory, to the extent permitted by Applicable Law.
20. MAXIMUM LIABILITY CAP
To the fullest extent permitted by Applicable Law, the total aggregate liability of JMS arising from or relating to any Product, order, transaction, or claim shall not exceed the actual amount paid directly to JMS by the claimant for the specific Product giving rise to the claim.
JMS shall not be liable for amounts paid by the claimant to any distributor, reseller, healthcare institution, intermediary, marketplace, third party, or other entity unless expressly required by Applicable Law.
Where legally permissible, the above liability cap shall constitute the Purchaser's maximum financial recovery from JMS.
21. EXCLUSIVE REMEDY
To the maximum extent permitted by Applicable Law, if JMS is nevertheless determined to have liability, the Purchaser's sole and exclusive remedy shall be, at JMS's option:
Repair of the affected Product;
Replacement of the affected Product;
Supply of an equivalent Product; or
Refund of the amount actually paid directly to JMS for the affected Product.
The Purchaser shall not be entitled to recover more than the applicable liability limit stated in these Terms.
22. NO LIABILITY FOR CLINICAL OR PROFESSIONAL DECISIONS
JMS does not select Products for individual patients or animals and does not determine:
Whether a Product should be used;
Which Product should be selected;
Which size should be used;
Which surgical technique should be used;
Whether a Product is clinically appropriate;
Whether Products should be combined;
Whether a Product should be implanted; or
Whether a treatment should be performed.
All such decisions remain exclusively with the appropriately qualified healthcare or veterinary professional.
JMS shall not be liable for clinical decisions or outcomes arising from such decisions, except to the extent liability cannot legally be excluded.
23. PRODUCT MODIFICATION AND MISUSE
JMS shall not be liable, to the maximum extent permitted by law, for Products that have been:
Modified;
Altered;
Reworked;
Repaired;
Reprocessed;
Re-sterilized without authorization;
Combined with incompatible Products;
Used outside their intended purpose; or
Otherwise altered after leaving JMS's control.
Any unauthorized modification may invalidate applicable warranties and claims.
24. INDEMNIFICATION
To the fullest extent permitted by Applicable Law, the Purchaser agrees to defend, indemnify, and hold harmless JMS, SurgeStore.in, their directors, officers, employees, affiliates, agents, representatives, contractors, suppliers, licensors, and service providers from claims, losses, damages, liabilities, penalties, costs, and reasonable legal expenses arising from or relating to:
Product misuse;
Unauthorized Product use;
Incorrect Product selection;
Incorrect information supplied by the Purchaser;
Breach of these Terms;
Violation of Applicable Law;
Import or customs violations;
Regulatory violations;
Unauthorized modification;
Resale or distribution;
Clinical misuse;
Professional misuse;
Fraudulent activity;
Infringement of third-party rights; or
Acts or omissions of the Purchaser or its representatives.
This indemnity shall not apply to liability that Applicable Law expressly prohibits from being transferred to the Purchaser.
25. FORCE MAJEURE
JMS shall not be liable for any delay, interruption, or failure caused by events beyond its reasonable control, including:
War;
Terrorism;
Civil unrest;
Government action;
Sanctions;
Natural disasters;
Fire;
Flood;
Earthquake;
Epidemics;
Pandemics;
Cyberattacks;
Utility failures;
Transportation disruption;
Port closures;
Labor disputes;
Raw-material shortages;
Supply-chain disruptions;
Customs restrictions; or
Other force majeure circumstances.
26. WEBSITE AVAILABILITY
JMS does not guarantee that the Website will always be available, uninterrupted, secure, or error-free.
JMS shall not be liable for Website downtime, technical errors, server failures, internet interruptions, cyber incidents, maintenance, third-party hosting failures, or other events beyond its reasonable control.
27. EXTERNAL LINKS AND THIRD-PARTY SERVICES
The Website may contain links to third-party websites, payment providers, manufacturers, logistics providers, or other external services.
JMS does not control and is not responsible for third-party websites, services, content, security, availability, privacy practices, or performance.
Use of third-party services is at the user's own risk.
28. SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent legally permitted.
The remaining provisions shall remain in full force and effect.
The invalidity of one provision shall not invalidate the remaining Terms.
29. NO WAIVER
Failure by JMS to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision subsequently.
30. MODIFICATION OF TERMS
JMS reserves the right to modify these Terms at any time.
The updated Terms shall become effective when published on the Website unless otherwise stated.
Continued use of the Website after publication constitutes acceptance of the revised Terms, to the extent permitted by Applicable Law.
31. GOVERNING LAW
These Terms shall be governed by and interpreted in accordance with the laws of India, without giving effect to conflict-of-law principles, except to the extent that mandatory laws applicable to a particular Purchaser cannot legally be excluded.
32. JURISDICTION
Subject to mandatory rights that cannot legally be excluded, disputes arising from or relating to the Website, Products, transactions, or these Terms shall be subject to the jurisdiction of the competent courts in New Delhi, India.
Nothing in this clause is intended to deprive a consumer or other protected person of mandatory rights that cannot legally be waived.
33. ENTIRE AGREEMENT
These Terms, together with the Company's Privacy Policy, Cookies Policy, Refund Policy, Medical Device Disclaimer, Shipping Policy, applicable Product documentation, quotations, invoices, and expressly incorporated policies, constitute the agreement between the Purchaser and JMS concerning the relevant transaction.
A separate written agreement signed by JMS may supersede these Terms where expressly stated.
34. NO ADDITIONAL LIABILITY BY COMMUNICATION
No statement made by an employee, sales representative, agent, distributor, customer-service representative, email, telephone call, WhatsApp communication, social-media communication, quotation, or other communication shall create additional warranties, representations, guarantees, or liabilities on behalf of JMS unless expressly authorized in writing by an authorized representative of JMS.
35. SURVIVAL
Provisions relating to payment, intellectual property, disclaimers, limitation of liability, indemnification, governing law, jurisdiction, confidentiality where applicable, and other provisions intended by their nature to survive shall continue after termination, cancellation, completion, or expiration of a transaction or use of the Website.
36. FINAL LIABILITY PROTECTION
The parties expressly acknowledge that the exclusions, limitations, disclaimers, indemnities, liability caps, and exclusive remedies contained in these Terms are intended to allocate commercial and legal risk between JMS and the Purchaser to the maximum extent permitted by Applicable Law.
Nothing in these Terms shall be interpreted as JMS voluntarily accepting liability that would not otherwise legally apply.
If any jurisdiction prohibits exclusion of a particular liability, the relevant provision shall apply only to the minimum extent necessary to comply with that mandatory law, and every other limitation, exclusion, disclaimer, indemnity, and protection contained in these Terms shall remain effective.
37. CONTACT
Jindal Medi Surge
5A/5 Ansari Road, Darya Ganj
New Delhi – 110002, India
Website: www.surgestore.in
For questions relating to these Terms, orders, Products, returns, or other Website matters, please contact JMS through the contact information published on the Website.
IMPORTANT NOTICE
These Terms are designed to provide the maximum contractual protection reasonably available to Jindal Medi Surge and SurgeStore.in.
However, no Terms & Conditions can legally guarantee that a company will have zero liability in every country and under every circumstance. Mandatory provisions relating to product liability, consumer protection, medical devices, personal injury, fraud, negligence, privacy, statutory warranties, and other matters may apply despite contractual exclusions.
Where such mandatory law applies, these Terms are intended to restrict JMS's liability to the minimum extent legally required, while preserving every other exclusion, limitation, defense, indemnity, and liability cap available under applicable law.
