Title:
Terms of Sale
Effective Date:
July 29, 2026
Status:
Initial company-issued version
These Terms of Sale apply to quotations, orders, sales, replacements, repair services, inspections, warranties, returns, and related transactions supplied by ALEVA Technologies Inc.
An accepted quotation, order confirmation, repair authorization, invoice, written warranty, and these Terms of Sale form the transaction agreement.
If a signed written agreement expressly conflicts with these Terms, the signed agreement controls for that transaction.
The customer represents that:
Unless otherwise stated:
An order is accepted only when ALEVA issues a written order confirmation or otherwise confirms acceptance.
ALEVA may decline or cancel an order before shipment where:
If ALEVA cancels an accepted prepaid order before shipment, amounts paid for the cancelled item will be refunded, subject to lawful deductions for separately completed services or authorized custom work.
The applicable quotation or listing will identify product condition, such as:
Customers must review the stated condition before accepting the order.
ALEVA will not describe a compatible or third-party product as an original manufacturer product unless it is in fact supplied as such.
The customer must provide accurate system, brand, model, software, connector, configuration, and application information.
ALEVA will use reasonable efforts to verify compatibility, but final compatibility may depend on information controlled by the customer or original manufacturer.
A customer must not install or clinically use a product that appears incompatible, damaged, improperly labeled, or unsafe.
The customer must notify ALEVA before use if compatibility is disputed.
Prices are stated in the currency shown in the quotation or checkout.
Unless expressly included, prices exclude:
The customer is responsible for applicable taxes and government charges except taxes imposed on ALEVA’s net income.
Tax-exempt treatment requires valid and accepted documentation before invoicing or shipment.
Payment terms appear in the applicable quotation or invoice.
ALEVA may require:
Late amounts may accrue lawful interest and reasonable collection costs where stated in the invoice and permitted by law.
ALEVA does not store raw payment-card information and may use a third-party payment provider.
Credit terms are available only after written approval.
ALEVA may:
A customer must not submit another person’s consumer credit information without authorization.
Shipping terms, carrier, charges, and estimated delivery dates will appear in the quotation, invoice, or order confirmation.
Risk of loss and title will transfer as stated in the applicable transaction document and mandatory law.
Customers must:
Delivery dates are estimates unless expressly guaranteed in writing.
ALEVA is not responsible for delays caused by carriers, customs, weather, government action, shortages, force majeure, or customer documentation.
Unless ALEVA expressly agrees otherwise in writing, the customer is responsible for:
FDA establishment registration or product listing, where applicable, must not be represented as FDA approval.
The customer must not directly or indirectly sell, export, re-export, transfer, divert, or use products or technical information in violation of applicable Canadian, U.S., United Nations, or other applicable sanctions or export-control laws.
The customer represents that it is not acting for a prohibited person, entity, end user, or destination.
ALEVA may:
Each party will comply with applicable anti-bribery, anti-corruption, fraud-prevention, and anti-money-laundering laws.
The customer represents that funds used for a transaction are from lawful sources and that the transaction is not intended to conceal, facilitate, or promote unlawful activity.
No party may offer or accept an improper payment, kickback, or benefit in connection with an ALEVA transaction.
A preliminary repair estimate is not a final quotation.
A final quotation may require:
The customer must accurately describe known faults, prior repairs, contamination, and safety concerns.
Before shipping a product for repair, the customer must:
ALEVA may refuse, quarantine, or return a product that is unsafe, contaminated, improperly packaged, undocumented, or prohibited.
ALEVA will not perform billable repair work beyond an authorized amount without customer approval, except for approved diagnostic or inspection charges.
Authorization may be provided electronically.
If the customer rejects the repair quotation, the customer may remain responsible for disclosed:
If a customer does not respond, pay, provide instructions, or arrange return shipping after reasonable notice, ALEVA may apply a documented storage fee and exercise lawful remedies concerning abandoned property.
ALEVA will not dispose of customer property except in accordance with applicable law and documented notice procedures.
Repair feasibility depends on the condition of the product, availability of parts, prior modifications, contamination, damage, and manufacturer design.
ALEVA does not guarantee that every submitted product can be repaired.
If a product is not repairable, ALEVA may provide:
Repaired products will undergo the quality-control procedures stated in ALEVA’s service documentation.
Customer facilities remain responsible for any acceptance testing, electrical safety testing, calibration, disinfection, regulatory documentation, or clinical validation required by their policies or applicable law.
The applicable warranty period will be stated in the quotation, invoice, or warranty document.
Unless otherwise stated, warranty coverage applies only to:
Warranty exclusions may include:
Mandatory statutory warranties are not excluded.
The customer must:
ALEVA may inspect the product before confirming warranty coverage.
A warranty remedy may include, at ALEVA’s option and subject to applicable law:
No return is authorized without prior written return authorization.
Return eligibility depends on:
Unless otherwise stated, eligible standard products must be requested for return within [RETURN PERIOD] after delivery.
Subject to mandatory law, non-returnable items may include:
Authorized products must be returned:
A disclosed restocking, inspection, refurbishment, or shipping charge may apply where permitted by law.
Approved refunds will be issued using the original payment method where practical.
Refund timing may depend on inspection, carrier processing, banking systems, and payment-provider procedures.
Shipping, customs, inspection, and completed service fees are non-refundable unless otherwise required by law or caused by ALEVA’s breach.
The customer is responsible for:
ALEVA’s commercial or repair services do not replace the responsibilities of healthcare providers, device owners, original manufacturers, or regulated facilities.
Customers must maintain accurate contact and product-location information where reasonably required for safety notices.
ALEVA may contact customers regarding:
To the maximum extent permitted by law, ALEVA will not be liable for indirect, incidental, special, punitive, exemplary, or consequential loss, including lost profit, lost revenue, loss of data, or loss of use.
ALEVA’s aggregate liability arising from a transaction will not exceed the amount paid to ALEVA for the affected product or service, except where such limitation is prohibited by law or a written agreement expressly provides otherwise.
Nothing excludes liability that cannot legally be excluded.
To the extent permitted by law, an organizational customer will indemnify ALEVA against third-party claims caused by:
This provision does not apply where prohibited by mandatory consumer law.
Neither party will be liable for delay caused by events beyond reasonable control, including:
Payment obligations for completed deliveries or services are not excused.
The parties should first attempt good-faith resolution through written notice.
These Terms are governed by the laws of British Columbia and applicable federal Canadian law, without excluding mandatory rights that apply to a customer in another jurisdiction.
The courts of British Columbia will have jurisdiction unless mandatory law requires otherwise.
The applicable quotation, order confirmation, invoice, written warranty, these Terms of Sale, and any signed agreement form the complete transaction agreement.
Changes must be documented in writing or through an authorized electronic process.
ALEVA Technologies Inc.
[REGISTERED BUSINESS ADDRESS]
Sales:
[SALES EMAIL]
Support and returns:
[SUPPORT EMAIL]
Legal:
[LEGAL EMAIL]
Replace the general introduction with wording that includes:
ALEVA Technologies Inc. is the organization responsible for personal information described in this Privacy Policy, except where a separate notice identifies another controller or where ALEVA acts only as a service provider or processor under a written agreement.
This Privacy Policy applies to website visitors, customer-account users, prospective and actual customers, business contacts, repair customers, distributors, resellers, suppliers, applicants for business privileges and individuals communicating with ALEVA.
Employee and job-applicant information may be governed by separate notices.
For EEA individuals, identify:
Add placeholders:
[EU REPRESENTATIVE, IF REQUIRED]
[DPO CONTACT, IF REQUIRED]
[LEAD SUPERVISORY AUTHORITY, IF APPLICABLE]
Do not state that a DPO or EU representative exists unless formally appointed.
---
Add this section to the Privacy Policy:
Where the GDPR or equivalent law applies, ALEVA processes personal data under one or more of the following legal bases:
ALEVA will not use consent as the legal basis where the processing is actually necessary to perform a contract or comply with law.
Add a processing table with these columns:
---
Add:
ALEVA does not ordinarily require:
ALEVA may request limited identity, beneficial-ownership, tax, regulatory, reseller, credit or end-use documentation only where reasonably necessary for a defined business, legal, sanctions, fraud, credit or regulatory purpose.
High-risk identifiers must:
Do not collect passport or government-ID copies by default. Use tiered verification and request stronger documents only after a risk-based trigger.
---
Add to information collected:
For higher-risk or elevated business privileges, ALEVA may collect:
Explain that verification is risk-based, may involve public records and approved screening providers, and does not guarantee regulatory approval or eligibility.
---
Add:
ALEVA may screen customers, organizations, beneficial owners, signatories, consignees, end users, payment parties, carriers and destinations against applicable sanctions, export-control, restricted-party and fraud-prevention data.
Screening may occur:
A potential match will not be treated as a confirmed violation solely because of an automated score. ALEVA will use proportionate manual review where practicable. ALEVA may request additional identifying information to resolve a potential false positive.
Where permitted or required by law, ALEVA may delay, reject, suspend, block, return or hold a transaction, or disclose information to competent authorities, financial institutions, carriers or professional advisers.
Do not promise that funds will always be returned immediately: a financial institution or sanctions law may restrict, block or reject a payment.
---
Replace the payment section with:
ALEVA uses approved third-party payment providers and financial institutions. ALEVA does not intentionally store complete card numbers or card-security codes. Payment providers may process payment credentials under their own privacy notices and legal obligations.
ALEVA may receive:
If ALEVA offers credit terms, it may request business financial information and, where legally permitted and appropriately authorized, obtain business credit information. ALEVA will not obtain a consumer report or personal credit report without the notices, authorization and adverse-action procedures required by applicable law.
Do not state that ALEVA is subject to banking or financial-institution laws unless counsel confirms. The use of fraud, sanctions and source-of-funds controls is a contractual and risk-management measure and does not by itself make ALEVA a bank, money-services business or FINTRAC reporting entity.
---
Add a strict operational clause:
No ALEVA form, chat, repair form, email template, CRM note, file-upload field or administrator screen may request or store:
If a customer sends such data, staff must not copy it into another system and must follow the incident and deletion procedure.
---
Replace the patient-information section with:
ALEVA’s ordinary sales and repair portals are not designed to receive protected health information, patient records or clinical images. Customers must remove and securely delete patient information from devices, labels, photographs, screenshots, attachments and notes before submission.
ALEVA does not represent that the ordinary website or repair portal is HIPAA-compliant or suitable for protected health information. If ALEVA agrees in writing to receive regulated health information, the parties must first establish the required security process and contractual allocation, including any business-associate agreement or comparable data-processing agreement that is legally required.
If patient information is received unintentionally, ALEVA may isolate, restrict, redact, return or securely delete it and document the event.
Add a required upload warning:
**Do not upload patient names, patient images, clinical images, reports, medical-record numbers, insurance identifiers or any other patient-identifying information.**
---
Add a separate Cookie Notice and revise the Privacy Policy:
Essential cookies may operate without optional consent where legally permitted because they are necessary for authentication, security, fraud prevention, cart continuity, legal-consent records or requested services.
For users where prior consent is required, non-essential analytics, advertising, cross-site tracking and similar technologies must remain disabled until valid consent is obtained.
Cookie consent must:
A statement that analytics is “privacy-friendly” does not remove consent or notice requirements where those requirements apply.
---
Replace the general transfer wording with:
Personal information may be processed in Canada, the United States and other jurisdictions where ALEVA or approved service providers operate.
For transfers from the EEA or UK, ALEVA will use an applicable transfer mechanism, such as:
Where required, ALEVA will conduct a transfer-risk assessment and apply supplementary measures.
Do not claim participation in the EU-U.S. Data Privacy Framework unless the relevant organization is currently self-certified and listed.
Individuals may request information about the applicable transfer safeguard, subject to lawful redactions.
---
Add:
ALEVA will maintain a current internal register of service providers and subprocessors, including:
Where the GDPR applies, processor agreements must contain the terms required by applicable law. Public-facing disclosure may identify categories or named material providers as appropriate.
Add a public link or request method for the current subprocessor list if the business chooses that model.
---
Replace vague retention language with a schedule framework:
ALEVA will maintain a written retention schedule. The public policy may state general periods, but the internal schedule must define exact periods and triggers.
At minimum, define periods for:
Use the longest legally required period where multiple obligations apply, but do not retain identity documents indefinitely merely because an account remains open.
Add placeholder:
[RETENTION SCHEDULE APPROVED BY COUNSEL AND REGULATORY LEAD]
---
Add:
ALEVA will maintain a written incident-response plan. It will assess:
Notifications will be made within the time and manner required by the applicable law. Do not promise a universal notification period because legal deadlines differ by jurisdiction.
---
Add:
Where the GDPR applies, individuals may have rights to:
ALEVA will respond without undue delay and ordinarily within one month where the GDPR applies, subject to lawful extension and identity verification.
Direct marketing objections must be implemented without requiring the individual to justify the objection.
---
Revise the U.S. state section:
Do not claim that every U.S. state privacy statute applies. Provide the rights required where ALEVA meets the law’s territorial, revenue, processing-volume or business-model threshold.
If ALEVA does not sell personal information or share it for cross-context behavioural advertising, state this only after verifying actual tracking, advertising and service-provider practices.
Create configurable mechanisms for:
Maintain a jurisdiction matrix and update it as the business expands.
---
Replace the children clause with:
ALEVA’s account, purchasing, quotation and repair services are intended for adults and authorized business users. Individuals must be at least 18 years old, or the age of legal majority where they live, to create an account or enter a transaction unless ALEVA has established a lawful parent, guardian, school or institutional process.
The public informational website is not directed to children. ALEVA does not knowingly create ordinary commercial accounts for children.
This higher account-age rule does not mean that every informational website visitor is age-verified. Implement proportionate age controls only where needed.
---
Add:
ALEVA may use automated tools to flag fraud, security, compatibility, sanctions or verification risks, but does not intend to make a decision producing legal or similarly significant effects solely by automated means unless permitted by law and accompanied by required safeguards.
Where appropriate, users may request human review, provide additional information and challenge an adverse verification result.
---
Add operational requirements:
Privacy requests must have:
Never require more identity data than reasonably necessary to authenticate the request.
---
Add:
Nothing in these Terms prohibits or restricts:
Confidentiality obligations do not cover information lawfully public, independently developed, rightfully received from another source, or required to be disclosed by law.
---
Replace the short prohibition with:
Users must not use the services to request, facilitate, finance, ship, re-export, transfer, resell, divert or support a transaction prohibited by Applicable Trade Laws.
A user represents, to the best of their knowledge after reasonable inquiry, that:
For U.S.-nexus transactions, ownership by blocked persons may matter even if the entity itself is not named on a list. The system must support beneficial-ownership review and not rely solely on exact name matching.
ALEVA may request an end-use statement, ownership information or additional documentation. ALEVA may pause or reject a transaction while it seeks legal advice, a licence, clarification or further information.
Do not state that all sales to a sanctioned country are prohibited. Some medical or humanitarian transactions may be authorized, exempt or licensable, but ALEVA will not rely on an exception without documented review.
---
Add:
---
Replace and expand:
Electronic records and signatures will not be denied effect merely because they are electronic where applicable law so provides.
ALEVA must:
A qualified electronic signature is not required for ordinary web acceptance unless law, transaction risk or a specific agreement requires a higher-assurance signature.
For consumer electronic disclosures in the United States, implement any affirmative-consent and hardware/software disclosure process required by the E-SIGN Act where applicable.
---
Add:
Regulatory, licence, registration, CE, MDEL, MDL, FDA, EUDAMED, ISO or quality-system statements must:
A third-party brand reference is for identification or compatibility and does not imply affiliation.
---
Add:
ALEVA aims to provide accessible digital services and will maintain an accessibility contact and remediation process. Accessibility statements must reflect actual testing and supported standards and must not claim perfect compliance.
---
Add:
Before a customer submits a binding order, the interface must clearly disclose, as applicable:
After submission, provide a durable copy of the contract or acknowledgement.
For British Columbia consumer distance sales, implement the mandatory pre-contract and post-contract information and cancellation rights applicable to that transaction. Do not rely on Terms of Sale alone if the checkout or order confirmation omits required information.
---
Add a conditional section:
If ALEVA knowingly enters a distance contract with an EEA Consumer, the consumer may have a statutory withdrawal right, commonly 14 days, subject to applicable exceptions and national law.
Before the order becomes binding, ALEVA must provide the legally required withdrawal information and model form where applicable.
Potential exceptions may include:
Do not assume that every medical device is automatically exempt for hygiene reasons. The exception must be assessed by product condition, seal, use and applicable law.
Where the consumer requests repair or other service to begin during the withdrawal period, obtain the legally required express request and acknowledgement regarding payment for work performed and any loss of withdrawal rights after full performance.
This section does not apply to a Business Customer merely because the Business Customer is located in the EEA.
---
Add:
For a British Columbia Consumer, nothing in these Terms limits cancellation, disclosure, delivery, review, dispute, warranty or other rights under mandatory British Columbia law.
Do not include a mandatory pre-dispute arbitration clause or class-action waiver for British Columbia consumer contracts where prohibited or void.
Do not include a non-disparagement term that prevents lawful consumer reviews.
---
Add as a counsel-decision clause:
For Business Customer transactions, the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) is [EXCLUDED / APPLIES ONLY IF EXPRESSLY STATED IN THE QUOTATION].
Counsel must select one option before production. Do not leave both options.
Mandatory consumer law remains unaffected.
---
Add:
Each quotation should state:
Do not infer an Incoterm solely from words such as “shipping included.”
If no Incoterm is stated, title and risk transfer will be determined by the order confirmation and applicable law.
ALEVA may retain title until cleared payment where legally enforceable, but retention of title does not shift product-safety obligations or mandatory risk rules.
---
Add:
Accepted payment methods are those stated in the quotation or checkout.
Customers must verify payment instructions through an approved channel. ALEVA will not be responsible for a customer sending funds to fraudulent instructions that were not issued or confirmed through ALEVA’s approved process, except to the extent caused by ALEVA’s failure to use reasonable security or as otherwise required by law.
ALEVA may:
ALEVA must never instruct customers to bypass bank compliance review or misdescribe the transaction.
---
Replace “clean money” concepts with:
The customer represents that:
ALEVA may conduct proportionate transaction review and request additional information for unusual, high-value, high-risk, third-party, cross-border or inconsistent payments.
ALEVA may decline a payment or transaction where risk cannot reasonably be resolved.
ALEVA will make regulatory reports only where legally required or permitted and must not represent itself as a FINTRAC reporting entity unless its activities actually place it in a listed reporting-entity sector.
---
Add:
Credit is not granted merely because a customer creates an account or becomes business-verified.
Before granting credit, ALEVA may evaluate:
If ALEVA obtains a personal consumer report in the United States or another jurisdiction, it must first implement legally required authorization, permissible-purpose, disclosure, adverse-action, dispute and disposal procedures.
Avoid personal guarantees unless separately drafted and reviewed.
---
Add:
Customers are responsible for accurate tax-exemption or resale documentation.
ALEVA may collect, validate, expire or revoke tax-exempt status.
A tax-exemption certificate does not automatically establish exemption for every product, service, shipment or jurisdiction.
If ALEVA later determines tax was required, it may collect legally due tax, subject to applicable law and contract terms.
---
Add:
Products may be subject to different regulatory classifications and market-access rules by jurisdiction.
ALEVA will not sell or represent a product as legally marketable in a jurisdiction unless the required regulatory status has been confirmed for:
Canada:
United States:
EU/EEA:
Do not publish manufacturer-supplied regulatory claims without verification.
---
Add:
ALEVA may maintain:
Customers agree to provide reasonably required information for complaint, adverse-event, safety, field-action or recall assessment.
Nothing in the contract prevents a customer or healthcare professional from making a lawful report directly to a regulator.
ALEVA will determine whether it has a mandatory reporting duty based on its actual regulatory role and applicable jurisdiction.
---
Before issuing shipping instructions for repair, require:
[ ] I confirm that the product has been cleaned and disinfected according to applicable manufacturer and facility procedures.
[ ] I confirm that all patient-identifying information has been removed from the product, accessories, labels, images, files and documentation.
[ ] I have disclosed known contamination, fluid ingress, biohazard, radiation, electrical or other safety risks.
Allow an authorized exception process for products that cannot safely be decontaminated, with prior written instructions.
Do not instruct a customer to perform cleaning that conflicts with OEM instructions.
---
Add:
The repair authorization must separately state whether ALEVA may:
Do not infer authorization for destructive work from a general repair submission.
---
Replace vague abandonment language with:
ALEVA may charge disclosed storage fees only after the stated grace period and documented notice.
Before treating property as abandoned, ALEVA will follow applicable law regarding:
Insert placeholders:
[GRACE PERIOD]
[STORAGE FEE]
[NOTICE METHOD]
[ABANDONED PROPERTY PROCEDURE APPROVED BY COUNSEL]
---
Add:
Any written warranty must state:
For U.S. consumer warranties, review Magnuson-Moss and applicable state warranty law before using “full warranty,” “limited warranty,” disclaimers or conditions.
For EU Consumers, contractual warranty language must not reduce statutory conformity rights.
For Canadian Consumers, mandatory provincial rights remain unaffected.
Do not use one universal warranty period if new, compatible, refurbished and repaired products have different approved terms.
---
Add:
Return eligibility must be shown before purchase.
Do not characterize every probe or medical-device product as automatically non-returnable. The actual rule must consider:
For Business Customers, a disclosed restocking charge may apply if lawful and stated before order acceptance.
For Consumers, mandatory cancellation, defect and conformity rights prevail.
---
Replace broad liability language with:
Nothing excludes or limits liability where exclusion or limitation is prohibited, including, where applicable:
For Business Customers, any cap should be transaction-specific and commercially reviewed.
Do not apply a product-price cap automatically to:
unless counsel and insurance review approve it.
---
Use separate B2B and consumer wording.
Business Customer indemnity may cover third-party claims caused by the customer’s:
No indemnity applies to the extent a claim was caused by ALEVA’s breach, negligence, wilful misconduct, defective product or unlawful conduct.
Do not impose a broad indemnity on Consumers where unfair or unenforceable.
---
Replace with:
These Terms are governed by British Columbia law and applicable Canadian federal law, excluding conflict-of-law rules, except that:
For Business Customers, the parties submit to courts located in British Columbia unless a signed agreement states otherwise.
For Consumers, do not require a forum or dispute method that applicable law prohibits.
Do not include pre-dispute mandatory arbitration or class-action waiver for British Columbia consumer contracts where prohibited.
---
Add:
Before litigation, Business Customers should provide written notice and permit a reasonable period for business-level resolution, without delaying urgent injunctive relief, limitation periods, chargeback rights, regulatory reports or mandatory consumer remedies.
Optional mediation may be offered after a dispute arises.
---