You are actually connected to web site http://www.scanos.com This web site has been provided for you, a Medical Professional, Patient, Attorney, distributor or potential distributor in order to enable you to get a representative idea and a general global insight of what products or services you can expect from Biomed Biomaterials sarl of France (sold under the brand name of Scanos) and to what terms and conditions one has to abide to, Biomed Biomaterials hereafter reffered to simply as Biomed, owner of the Scanos sales Trade Mark and of this scanos.com web site. It is most important for the connected viewers to understand that Scanos is merely a declared Trade Mark sole property of Biomed and the use of this Trade Mark by any other person or entity will automatically bring about legal action against its user(s). English being accepted as the current universal language for communication this web site is only available in English. Should any country have difficulty in understanding English language, that country is sole responsible for having this legal notice transcribed and to correctly transcribe our company name into its native language and in having these terms clearly explained to whom it may concern. By accessing this web site you also hereby agree not to interrupt or attempt to interrupt operation of the site in any way.
It is also very important for customers of Biomed to know that Biomed only distributes through local distributors with an established company complying to all legal requirements of the country in which they are located. In no case does Biomed have any link of any kind nor does it participate in the companies of such distributors nor does Biomed have any participation or shares in any of these distribution companies nor with any of the distributors themselves and in no case are such distributors Commercial Agents, Commissioner agents, agents, brokers or franchises of Biomed. Such distributors are therefore totally independent of Biomed, are responsible for the purchasing, promotion and sales of products and no distributors is limited to only products from Biomed and is free to distribute other products from other companies. Distributors, because none exclusive, are not subject to specific sales targets. However Biomed has the exclusive right to immediately stop deliveries to any of its distributors and revoke him immediately should any invoices not be settled on time or if invoices are deemed overdue, such a revocation inducing no right to any claim or compensation. Moreover in some cases if Biomed is willing to put in certain start up stocks. However such stocks remaining the property of Biomed until returned or paid for. In the same manner Biomed remains the owner of all goods sent to any distributor until entirely paid for. Product pricing is not on line and available electronically for distributors only and renewed and sent electronically each year solely upon request of a distributor. Pricing changes are also only notified electronically. Prices are universal all distributors having the same identical price list. Distributors are however free to fix local pricing without Biomed’s consent but are sole reponsible for such pricing and that it complies to each locations legal requirements and standards.
Consequently Biomed, owner of this web site, reserves the right to change, modify, add or remove this site in whole or part, such changes not requiring any further notification. The mere fact of simply using, accessing or viewing this site being considered as acceptance to such changes and in the case of distributors an acceptance of the conditions of distribution. If you do not accept the terms of and conditions herewith you may not access, use this site or distribute Biomed products. Biomed also hereby points out that this site is not intended for visitors from the United States although there are no restrictions to them making access to it under their own responsability. Regarding contracts: In general Biomed has no specific contracts with its distributors the above conditions being the only specifications regarding business. However certain specific countries such as the USA require a specific distribution contract of which the terms do not correspond to the above criteria. Also should a distributor request an O.E.M product a specific contract would be drafted. The above terms are specifically laid out and correspond to most EEC countries legislation transcribed from the future European Guideline. However above terms and conditions for distribution apply also to Spain and France, two EEC countries refering back to very ancient and inapt legislations and therefore having problems with the exact interpretation of the European terminology and therefore in transcribing the Guidelines into national law. For these two countries the mere fact of asking for and accepting distribution binds them also to the above terms and conditions and cannot induce different national interpretations on the wording here above or hereafter. Should they or anyone not accept the terms and conditions herewith they may not access this Scanos web site.
Hence using or downloading material from this site is authorised for personal use and information only. It can in no way or manner be used to demonstrate pros or cons or draw up arguments for or against any of the products, ideas or information herewith enclosed under any form or in any manner including varied interpretations of terms of distribution.
This is why in the construction and creation of this web site Biomed has made reasonable efforts to include information as accurate and up to date (25.09.2009, original and first version available through this link : original legal notice) as can be and to use clear and unequivocabe terminology. However Biomed, nor any party involved in the creation of this scanos.com web site, can guarantee the representations herewith in any way or of any kind and cannot be held responsible for any errors or omissions in the contents hereof.
MEDICAL INFORMATION & SURGICAL TECHNIQUES
It is intentionally that no medical information is contained herewith and that the surgical techniques included are general techniques. Should medical information be required please contact Biomed directly by means of this web site or by any other accepted means of communication.
Should surgical techniques or procedures be mentioned they are only intended to demonstrate or provide guidance. Surgeons should be aware that Biomed and Scanos are only implant manufacturers and distributors and do not practice medicine in any way or manner. Consequently as there are numerous variations of surgical techniques available only the surgeon who performs an implant procedure is apt to determine both the intended use and aim of the surgery and the most appropriate technique to be used and should therefore use the technique he or she deems to be best and prove most reliable with his or her usual surgical technique. Therefore surgeons are sole responsible for determining the appropriate surgical technique in regards to each individual case.
MESSAGES
Any messages which you will forward to Biomed via internet (electronically)can be intercepted on the network and therefore Biomed cannot guarantee their confidentiality. Therefore it is advisable not to transmit confidential information and preferable to forward such information by other means of communications.
COPYRIGHTS
This web site scanos.com is covered by international copyright and rests with Biomed unless otherwise indicated. All trade marks and/or brand names other than those belonging to Biomed to be encountered on this web site are the property of their respective owners.
DISCLAIMER LIABILITY
The user assumes all responsibility and risk for the use of this web site and Internet in general. Under no circumstances, including negligence, shall anyone involved in creating or maintaining this web site be liable for any direct, indirect, incidental, special or consequential damages, or lost profits that result from the use or inability to use this web site. Nor shall they be liable for any such damages including, but not limited to, reliance by a visitor on any information obtained via this web site, or that results from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access.
INDEMNIFICATION All agree to indemnify, defend and hold harmless Biomed, its officers, directors, employees, distributors, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by anyone, and more specifically a Biomed distributor, of this Legal Notice.
GOVERNING LAW
Legal action or proceedings concerning this web site will be brought forward exclusively in the jurisdiction of the head office of Biomed in France. Terms and conditions were initialy put on line on 3rd August 2004.