General Terms and Conditions

Agreement between buyer and Tyro Medical, LLC

Welcome to www.tyro-medical.com. The www.tyro-medical.com website (the Site) is comprised of various web pages operated by Tyro Medical, LLC (“Tyro Medical”). www.tyro-medical.com is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms”). Your use of www.tyro-medical.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.tyro-medical.com this and E-Commerce site.

Our website informs customers about all our products and also provides an online shop for ordering one of our products, the C-arm drapes. Our drips are designed especially for Siemens C-arms, they cover that devices and keep them sterile during procedures in surgical areas and similar.

Prices

All prices are gross.

Prices are without engagement.

Offer and contract

Offers and cost estimates from Tyro Medical are subject to change.

The buyer is bound to his order for six (6) weeks after placing the order.

Incoterms

All orders will be delivered EXW from Tyro Medical (Incoterms 2020).

Payment terms

All payments need to be performed upfront. In case the delivery is not possible within six (6) weeks the payment will be returned.

Privacy

Your use of www.tyro-medical.com is subject to Tyro Medical’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic communications

Visiting www.tyro-medical.com or sending emails to Tyro Medical constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.

No Unlawful or Prohibited Use/Intellectual Property

You are granted and non-exclusive, non-transferable, revocable license to address and use www.tyro-medical.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Tyro Medical that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

International Users

The Service is controlled, operated and administered by Tyro Medical. You agree that you will not use the Tyrol Medical content accessed through www.tyro-medical.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Tyro Medical, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any use or postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Tyra Medical reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tyro Medical in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shell be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding of arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these terms and conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope of enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTRONEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Tyro Medical agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form for a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TYRO MEDICAL, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TYRO MEDICAL, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELESSNESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. TYRO MEDICAL, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TYRO MEDICAL, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGE OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOU LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF THE SITE, WITH THE DELAY OR INABLITIY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGIENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TYRO MEDICAL, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Tyro Medical reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction end venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tyro Medical as a result of this agreement or use of the Site. Tyro Medical’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tyro Medical’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Tyro Medical with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tyro Medical with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tyro Medical with respect to the site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Tyro Medical reserves the right, in its sole discretion, to change the terms under which www.tyro-medical.com is offered. The most current version of the terms will supersede all previous versions. Tyro Medical encourages you to periodically review the terms to stay informed of our updates.

Contact Us

Tyro Medical welcomes your questions or comments regarding the Terms:

e-mail address: office@tyro-medical.com

Effective as of June 1st, 2023