Product Terms and Conditions

Welcome to Brain Vision LLC (“Brain Vision,” “we” or “us”). The following Product Terms and Conditions, together with the Website Terms of Use set forth in the following section (the “WebsiteTerms”), are important and affect your legal rights. Please read them carefully.

PRODUCT TERMS AND CONDITIONS

By ordering from Brain Vision LLC, you accept our product terms and conditions as outlined below. Any other product terms or conditions require written approval from an authorized Brain Vision LLC representative.

**Equipment Intended for Research Use Only**

Our products are scientific equipment for research use only (“Investigational Devices for Research Use Only”, FDA 801.1). We do not offer any products for, nor do we intend, promote, or condone the use of any of our products for medical diagnosis or treatment or for any other purposes requiring FDA 510(k) approved devices.

**Taxes, Customs Duties, and Tariffs**

Quoted amounts do not include applicable state or local sales and use taxes. The purchasing institution will be responsible for paying such taxes directly to the relevant authorities. Should the purchasing institution be exempt from sales and use tax, we will require documentation of this for our sales and taxation records.

The total amount above does not include any applicable customs duties or tariffs for exportation of merchandise from the United States. If the final destination of the merchandise lies outside the United States, the purchaser will be responsible for paying such duties or tariffs directly to the relevant authorities.

We will collect applicable sales tax on our products and services for which we determine we have a duty to collect sales tax.  If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

**EEG/MR Patents**

After reexamination of United States Patent 5445162, full clearance has been granted for the sale and use of Brain Products MR compatible BrainAmp MR amplifiers in the United States of America. No aspect of the intended use of our MR compatible amplifiers or other MR compatible equipment bears the danger of infringement on any of the claims of the aforementioned patent. However, two cases in which the user of our equipment could infringe on this patent need to be made explicit to avoid inadvertent patent infringement:

1)     The recording step must be conducted outside of the scanner room, that is, the laptop or computer recording and saving the signals must not be placed inside the scanner room.

2)     The MR scanner must not be triggered in response to data patterns derived from the measured EEG, neither by hardware or software mechanisms, nor by the operator in response to observations in the EEG data.

**Warranties**

Equipment sold by Brain Vision LLC carries the following warranty periods against manufacturer defects unless otherwise stated:

  • 12 months for consumables such as, but not limited to, cables, caps, electrodes, sensors, the actiCAP ControlBox, and batteries, with the exception of active electrodes, which are covered for 24 months.
  • 36 months for software, amplifiers and electronic accessories (e.g., electrode input boxes, SyncBox, BUA).
  • Warranty coverage on all other products is as specified by the manufacturer and excludes damages that are preventable by following the proper care instructions for the equipment (e.g. water damage, neglect, excessive force).

**Shipments and Ownership**

All delivered items remain the sole property of Brain Vision LLC until full payment has been received.

All shipments must be checked for damage and completeness within 10 days of delivery.  Claims for missing or damaged items cannot be accepted after this time.

**License Keys**

Software protection keys (Hardlock Dongles) are date-stamped and will expire approximately 45 days from shipment to allow immediate use upon receipt. License updater files, with instructions for downloading and applying the executable file(s), are sent to the email address specified by the customer. Unlimited files are released and emailed after full payment of the invoice is received.

**Invoicing and Payment**

Our products are invoiced under Net 30 terms. Any discounts offered are only valid for this payment term. Any backordered items or services ordered (e.g., training) will be invoiced separately under Net 30 terms.

Direct deposit payments (preferred), checks and credit card payments of $5000 or less are accepted. Credit card payments greater than $5000 are subject to a 3% processing fee.

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges (collectively, your “Order”).  If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled.  You must resolve any problem we encounter to proceed with your Order.  If you need to change or update the payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.


Add-on in case of Loan for repair

**Loan For Repair Terms and Conditions**

Loan line item discount is dependent upon the complete return of fully functional equipment within 10 days after delivery of repaired equipment. Failure to return loaned equipment within this period is deemed consent for purchase, and Brain Vision LLC reserves the right to invoice and collect payment for the full non-discounted price. If any loan equipment is returned damaged, the institution that it was loaned to is liable for the repair costs, and Brain Vision LLC reserves the right to invoice and collect payment for the repair costs, which may be billed separately after repair. The responsibility of payment can be avoided by returning the loaned equipment after receiving repaired equipment, by contacting the Scientific Consultant assigned to your case for an extension of the loan, and avoiding damage by following care instructions for the equipment.


Add-on in case of Loan

**Loan Terms and Conditions**

Loan line item discount is dependent upon the complete return of fully functional equipment on or before the loan end date. Failure to return loaned equipment within this period is deemed consent for purchase, and Brain Vision LLC reserves the right to invoice and collect payment for the full non-discounted price. If any loan equipment is returned damaged, the institution that it was loaned to is liable for the repair costs, and Brain Vision LLC reserves the right to invoice and collect payment for the repair costs, which may be billed separately after repair. The responsibility of payment may be avoided by contacting the Scientific Consultant for an extension of the loan end date within one week before the loan end date, and avoiding damage by following care instructions for the equipment.


Last updated: June 29, 2018