Loading
Effective and last updated:
These Terms of Service govern access to SurgeonsLab’s website and online store, related digital services, and orders accepted under these Terms. They set out the Customer’s rights and responsibilities concerning product use, payment, shipping, returns, warranty, intellectual property, data and disputes.
These Terms govern access to the SurgeonsLab website, online store and digital services, and purchases or use of Products and Services accepted under these Terms. By accessing the website, placing an order or using a SurgeonsLab service or product, you agree to these Terms to the extent permitted by law. If acting for an organization, you represent that you are authorized to bind it.
Where an Order Form or agreement incorporates SurgeonsLab’s General Terms and Conditions for Sale or Lease/Rental (GTCs), the incorporated GTCs and Order Form govern that transaction. In a conflict, those GTCs prevail unless the Order Form expressly states a deviation or the parties sign an amendment. The commercial provisions below apply to orders accepted under these Terms and to express deviations adopting them. Publication of these Terms does not amend existing signed agreements.
“SurgeonsLab” means the SurgeonsLab entity identified in the applicable quotation, order confirmation, invoice, or agreement. “Customer” means the purchaser or user. “Products” means physical models, simulators, accessories, perfusion systems, consumables, patient-specific models and other physical products. “Services” means training, customization, design, software, support, consulting, data-processing and related services. “Customer Data” means files, images, DICOM data, designs, specifications and other material supplied by the Customer.
Users must have legal capacity to enter a binding agreement. Products and Services must be used only for their stated intended purpose, documentation and applicable law. Unless product-specific documentation states otherwise, SurgeonsLab simulation products are intended for education, training, research, demonstration, device evaluation and other non-clinical uses. They are not a substitute for clinical judgment, professional training, medical advice, or device instructions for use. Products must not be used on humans or animals or for clinical treatment unless expressly authorized in writing and specifically intended and legally authorized for that use.
SurgeonsLab makes reasonable efforts to keep descriptions, specifications, availability and pricing accurate. Appearance and specifications may vary because of manufacturing tolerances, customization, materials or updates. Website content is informational unless expressly stated otherwise. SurgeonsLab may correct errors, update specifications, discontinue products or limit availability. For customized products, the Customer must review and approve agreed specifications where SurgeonsLab requests approval.
An e-store order, purchase order, quotation acceptance or other request is subject to SurgeonsLab acceptance. A contract is formed when SurgeonsLab confirms acceptance or otherwise accepts the order in writing. SurgeonsLab may decline or cancel orders where products are unavailable, required information is materially incomplete or inaccurate, the requested use is unlawful/outside intended use, or legitimate regulatory/commercial constraints apply. Custom production may require receipt of required files, approvals and payment/PO requirements.
The Customer must have lawful authority to provide imaging and other data used for customized/patient-specific Products. The Customer is responsible for the completeness, quality and correctness of supplied source information. Custom products have the cancellation, return and refund conditions set out in the Shipping and Returns Policy and any expressly agreed terms in the applicable quotation or Order Form. A physical or digital model derived from patient imaging is a representation of supplied data and is not a complete substitute for the source imaging or clinical record.
Prices are those shown at purchase or stated in the applicable quotation. For online orders, the customer pays the shipping fee at checkout; SurgeonsLab arranges and pays the carrier for the door-to-door shipment covered by that fee. Unless stated otherwise, installation, training and other agreed charges may be additional. The Customer is responsible for applicable taxes, import duties, import customs clearance, customs brokerage fees, other destination import charges and bank charges. Import duties, taxes and clearance fees are not included in the shipping fee and are not covered or reimbursed by SurgeonsLab. Payment may be by approved online payment, card, bank transfer, purchase order or other agreed method. The contracting entity, currency and tax treatment may vary by transaction.
Unless expressly agreed otherwise in the applicable quotation or commercial contract, standard hardware and off-the-shelf models are dispatched within 1 to 3 weeks, depending on stock availability, following order confirmation or receipt of payment, as applicable. Custom and patient-specific models are dispatched within 1 to 6 weeks, depending on order priority and production requirements; orders requiring more production time may require 4 to 6 weeks. Custom dispatch lead times begin after final design approval. These are dispatch lead times; carrier transit time and customs clearance are additional. Delivery dates are estimates unless expressly guaranteed.
Shipments are made under DAP (Delivered at Place, Incoterms 2020) to the Customer’s agreed delivery address. SurgeonsLab arranges door-to-door transportation and handles export and transit customs formalities required under DAP. For online orders, the shipping fee is paid at checkout and SurgeonsLab pays the carrier for the shipment covered by that fee. The Customer must arrange import customs clearance and pay destination import duties, taxes, customs brokerage and clearance fees, and other destination import charges. These costs are not covered by SurgeonsLab.
The Customer must provide accurate delivery information. Under DAP, risk of loss or damage transfers when the goods are placed at the Customer’s disposal at the agreed delivery address on the arriving means of transport, ready for unloading, subject to the Customer’s obligations under DAP. The Customer is responsible for unloading. Title follows the applicable quotation or sales terms and mandatory law. Visible damage, shortages or incorrect items must be reported promptly in accordance with the Shipping and Returns Policy, including its 48-hour reporting window.
Return requests for standard, non-customized, unused hardware platforms must be submitted within 14 calendar days of delivery. No physical return is accepted without prior written Return Merchandise Authorization (RMA) from SurgeonsLab. Requests must be sent to info@surgeonslab.com and include the reason for return and product serial numbers. Approved returns must include the RMA number and be shipped in the original, undamaged packaging with all fittings, connectors, documentation and accessories. Returns remain subject to inspection and the Shipping and Returns Policy.
Approved non-defective returns of standard off-the-shelf platforms are subject to a 25% restocking and recalibration fee calculated on the returned product’s purchase price. This fee is borne by the Customer and deducted from the approved product refund. For other authorized non-warranty returns, the Customer is responsible for return freight, export documentation, customs clearance fees and transit insurance, and bears transit risk until SurgeonsLab receives the return. For authorized returns due to verified manufacturing defects or shipping errors attributable to SurgeonsLab, SurgeonsLab covers standard freight and issues a prepaid shipping label.
Customized, patient-specific, made-to-order or altered Products may not be returnable except where required by law or where defective, damaged in transit, or materially inconsistent with agreed specifications. Cancellation and refund conditions are set out in the Shipping and Returns Policy and applicable quotation or order confirmation. Statutory rights are not excluded.
The 14-day commercial return window and 25% restocking and recalibration fee do not apply to verified warranty claims or shipping errors attributable to SurgeonsLab. They do not govern mandatory end-of-term returns of leased or rented equipment. The applicable Lease/Rental agreement governs ownership, lease duration, equipment condition and the Customer’s obligation to return leased or rented equipment, including the agreed return costs.
The Customer must use, clean, store, transport, connect and maintain Products according to supplied documentation. The Customer must not modify, misuse, improperly sterilize, expose Products to incompatible chemicals/temperatures, or use them outside specifications. Single-use Products must not be reused unless documentation expressly permits it. SurgeonsLab is not responsible for damage caused by misuse, unauthorized modification, incompatible equipment/materials or improper maintenance.
SurgeonsLab products may simulate anatomy, device behavior, flow, tissue properties or procedural conditions. Simulation results are not guaranteed to reproduce every clinical condition or outcome. Unless expressly stated otherwise, Products and Services are training, simulation, research, demonstration or device-evaluation tools and do not provide medical advice or make clinical decisions. Healthcare professionals remain responsible for clinical decisions, patient selection, treatment, device selection and procedural technique.
The website, software, designs, models, documentation, photographs, videos, graphics, trademarks, know-how and other materials are owned by or licensed to SurgeonsLab. Except for the rights necessary to use a purchased Product for its intended purpose, no IP rights are transferred. Customers must not copy, reproduce, reverse engineer, decompile, disassemble, scan for replication, create derivative products from, resell, sublicense or commercially exploit SurgeonsLab proprietary materials except as expressly permitted in writing. Customer IP remains with the Customer, subject to the limited rights needed to provide contracted services.
Where Customer Data includes personal data, patient information, DICOM files or other regulated information, the parties will handle it under applicable privacy/data-protection law and applicable SurgeonsLab privacy documentation or data-processing agreement. The Customer is responsible for lawful authority, consent/de-identification requirements and other obligations relating to supplied data. SurgeonsLab may process Customer Data to the extent necessary to provide the requested Product or Service and as otherwise permitted by the applicable agreement, privacy notice or law.
The website and e-store may be used only for lawful purposes. Users must not gain unauthorized access, introduce malicious code, scrape or systematically copy content, circumvent controls, interfere with another user's access, impersonate another person/entity, or engage in fraudulent or unlawful activity. SurgeonsLab may suspend or restrict access where reasonably necessary to protect the website, users, data, IP or legal interests.
Products and Services may reference or work with third-party devices, software, equipment, suppliers, payment providers, carriers or websites. Third-party products/services may have their own terms, instructions, warranties and limitations. SurgeonsLab does not assume responsibility for third-party services except as expressly agreed or required by law. Compatibility information is not a warranty of operation under every condition.
SurgeonsLab platforms are backed by a standard 12-month limited warranty from the date of delivery, covering manufacturing defects arising from normal intended use, as described in the Shipping and Returns Policy and applicable product documentation. For verified warranty claims, SurgeonsLab may, at its discretion, supply replacement components, repair the hardware or replace the defective unit. SurgeonsLab covers standard freight costs for verified warranty repairs and issues a prepaid shipping label for any authorized return shipment. Standard freight for sending repaired or replacement hardware back to the Customer is also covered. Destination import duties, taxes and customs clearance fees remain the Customer’s responsibility.
Warranty claims must be reported to info@surgeonslab.com promptly after discovery, with the order details, product serial number and supporting information. The 14-day commercial return window and 48-hour transit-damage reporting window do not shorten the warranty period. Repair or replacement does not restart or extend the original warranty unless expressly agreed or required by law. Third-party products, content and components are subject to their provider’s warranties unless SurgeonsLab expressly agrees otherwise. Incorporated GTCs and signed agreements retain the priority set out in Section 1, including any agreed inspection and acceptance procedures.
Warranty exclusions and claim procedures are set out in the Shipping and Returns Policy and applicable product documentation. Any expressly agreed product-specific warranty terms are stated in the quotation, order confirmation or warranty statement. Except for express warranties and rights that cannot lawfully be excluded, Products and Services are provided “as is” and “as available.” To the maximum extent permitted by law, SurgeonsLab disclaims implied warranties including merchantability, fitness for a particular purpose and non-infringement. SurgeonsLab does not warrant uninterrupted/error-free website operation or reproduction of every clinical condition.
To the maximum extent permitted by applicable law, SurgeonsLab excludes liability for indirect, incidental, special, consequential, exemplary or punitive damages, and for loss of profits, revenue, business opportunity, use, data, goodwill or reputation arising from the website, Products or Services. SurgeonsLab’s total liability during any period of 12 months shall not exceed the fees actually paid by the Customer during the 12 months preceding the events giving rise to the claim. These exclusions and limitations extend to SurgeonsLab’s directors, officers, employees, agents, representatives and auxiliaries. Liability that cannot lawfully be excluded or limited remains unaffected. Any expressly agreed liability provision in an incorporated GTC or signed agreement applies in accordance with Section 1.
To the extent permitted by applicable law, the Customer shall defend, indemnify and hold harmless SurgeonsLab and its directors, officers, employees and auxiliaries against liability, loss, cost, damage or expense, including reasonable attorney’s fees, resulting from the Customer’s use of Products or Services other than as permitted under the applicable agreement, or SurgeonsLab’s use of Customer Data as permitted under that agreement. This includes claims arising from unlawful use, unauthorized modification, infringement attributable to Customer-provided materials or breach of the Customer’s data-protection obligations.
For a claim falling within this indemnity, SurgeonsLab will inform the Customer without undue delay and allow the Customer to assist in the defence and settlement, with counsel of its choosing and at its expense, to the extent permitted by applicable procedural rules. Indemnification provisions in incorporated GTCs or a signed agreement apply in accordance with Section 1.
The Customer must comply with laws concerning purchase, import, export, use, handling, storage and disposal of Products and Services. Transactions may be subject to export-control, sanctions, customs, medical-device, data-protection and other regulatory requirements. SurgeonsLab may refuse or delay transactions where necessary for legal or compliance reasons.
SurgeonsLab is not responsible for delay or failure caused by circumstances beyond reasonable control, including natural disasters, epidemic/pandemic events, war, terrorism, civil unrest, governmental action, sanctions, supply-chain or transport disruption, labor disputes, utility failures, cyber incidents, or third-party supplier/carrier failures. SurgeonsLab will use reasonable efforts to mitigate the delay and notify the Customer promptly of the event, its expected duration where known, and plans to resume performance. Any excuse for delay lasts only while the event remains beyond reasonable control, subject to any incorporated GTC or signed agreement.
SurgeonsLab may suspend digital access or terminate applicable services where the Customer materially breaches the Terms, uses a service unlawfully/unsafely, fails to pay, or creates a security, regulatory or legal risk. Provisions intended to survive termination—including IP, payment, disclaimers, liability, disputes and accrued rights—remain effective.
For transactions contracted with SurgeonsLab AG, the applicable agreement and use of the Products or Services are governed by Swiss substantive law, excluding its conflict-of-laws provisions. Disputes arising out of or relating to those transactions are subject to the exclusive jurisdiction of the competent ordinary courts at the place of SurgeonsLab AG’s registered office, subject to mandatory law and any expressly agreed deviation. SurgeonsLab may seek injunctive relief or other remedies available in a competent jurisdiction for infringement of its intellectual property rights.
For transactions contracted with another SurgeonsLab entity, any governing-law and jurisdiction clause expressly agreed in that entity’s applicable agreement controls. If no such clause is agreed, the applicable law and jurisdiction are determined under the relevant conflict-of-laws and jurisdiction rules. Mandatory consumer protections and other rights that cannot lawfully be waived remain unaffected.
SurgeonsLab may update these Terms by publishing a revised version with an effective date. Changes apply prospectively to new transactions and future use to the extent permitted by law. Existing signed agreements and incorporated GTCs may be amended only under their agreed amendment procedures or by an amendment accepted by the parties; a website update alone does not change them.
If a provision is invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law. Failure to enforce a provision is not a waiver. These Terms, the applicable Order Form or order confirmation, the Shipping and Returns Policy, product documentation, privacy documentation and any incorporated GTCs or signed agreements form the applicable agreement, subject to the priority set out in Section 1.
Neither party may assign its rights or obligations under the applicable agreement without the other party’s prior written consent, except that SurgeonsLab may assign them to an entity acquiring all or substantially all of the related business, to the extent permitted by law and the applicable agreement. Electronic signatures have the effect permitted by applicable law, and references to writing include email and other electronic communications, subject to any agreed signature requirements.
SurgeonsLab Inc., 130 N Preston Rd, Prosper, TX 75078, United States.
Email: info@surgeonslab.com.
The contracting entity for each transaction is identified in its quotation, Order Form, order confirmation, invoice or signed agreement. The U.S. contact address above does not change the identity of that contracting entity.