Sonova USA Inc. Terms & Conditions
Sonova is the leading manufacturer of innovative hearing care solutions. Through our core business brands Phonak, Unitron, Hansaton, Advanced Bionics and Connect Hearing, we offer our customers one of the most comprehensive hearing product portfolios in the industry. This website (“Website”) is owned and operated by Sonova AG (“Sonova”). By accessing or using the Website, you agree that you have read, understand and agree to be bound by these Terms and Conditions of Use, as amended from time to time. All amendments and updates to these Terms and Conditions of Use are effective immediately upon notice, which we may give by any means, including but not limited to, by posting notice of the revision on the Website homepage. If you do not wish to agree to these Terms and Conditions of Use, do not access or use any part of the Website.
THAT THIS WEBSITE IS NOT INTENDED TO BE USED IN THE EVENT OF A MEDICAL EMERGENCY. If you think you have a medical emergency, please call 911 or your health care provider directly.
Terms are for Professional Users
PLEASE NOTE: THIS WEBSITE IS INTENDED FOR PROFESSIONAL COMMERCIAL USERS, AND IS NOT INTENDED FOR INDIVIDUAL CONSUMER’S WHO PERSONALLY USE SONOVA PRODUCTS. IF YOU ARE A CONSUMER OF A SONOVA PRODUCT PLEASE VISIT www.phonak.com.
A) Sonova believes the best treatment plan for individuals with hearing loss is delivered through licensed hearing care professionals. Thus, Sonova reserves the right to deny – but does not have the obligation to deny – the supply of hearing instruments to accounts that omit the involvement of licensed professionals. Sonova further reserves the right to refuse to honor product warranty when products are purchased from an unauthorized on-line retailer.
B) An essential component to the highest patient satisfaction with hearing technology, the licensed professional provides patients counseling, technology selection, professional fitting and verification of operation and benefit of our technology. Caution: hearing instruments sold via the internet, catalog or mail order without the involvement of a licensed professional may provide suboptimal benefit.
C) While Sonova provides technical product training and marketing support, the care and treatment of your clients remains exclusively your responsibility. Whether a hearing instrument is appropriate and which hearing instrument is appropriate for a client is based upon your professional clinical judgment. You are responsible for ensuring that you and your employees and agents maintain all necessary and required professional licenses and certifications required for fitting, dispensing and marketing hearing instruments in your state and community. Sonova reserves the right to deny the supply of hearing instruments to any customer or account that we believe has violated these mandates, or has engaged in activities that may compromise the best interest of the hearing-impaired consumer.
D) The resale of Sonova hearing instruments to persons or entities other than your customers is prohibited without Sonova’s prior written consent. Upon resale without the foregoing consent, the Original Manufacturer’s Warranty coverage and Extended Warranty coverage (if any) shall be deemed null and void.
Standard payment terms are net 30 days from invoice date. Sonova will assess a 1.5% interest charge per month on all past due balances. We also may withhold shipment of new and pending orders until payment of all outstanding sums is made in full. Payment by Visa, Master Card, American Express or Discover is possible under the following conditions:
· Your signature is on file with us and we have written permission to charge the month’s transactions to your credit card.
· You have an adequate credit line to pay the complete Sonova monthly billing.
· You will have 7 days from statement date to notify our credit department if there are discrepancies in the billing and to alter the amount charged to your credit card.
A completed credit application is required to establish a line of credit with Sonova. Instruments can be purchased via “Cash With Order” or “Cash On Delivery” until an application is received and approved. If an account exceeds their established credit line amount or the past due balance exceeds 60 days, products may be shipped C.O.D., unless additional credit is established or special arrangements are made with our credit department. Returned C.O.D.s and returned checks are subject to a $50 administration fee.
Pricing and Product Changes
Sonova reserves the right at any time to introduce new products, discontinue the manufacture of any products and make changes in the design or construction of any of our products without incurring any obligation or liability whatsoever to you. Prices are subject to change without notice.
By using the Website, you represent and warrant that: (1) you are appropriately licensed to sell and distribute Sonova products, (2) you are authorized to enter into this Agreement with us, and (3) you will conduct and perform your obligations under this Agreement consistent with all federal, state, and community laws and regulations, and industry standards, rules and regulations, and good commercial practices.
Product Warranties – Original Manufacturer’s Warranty Coverage
Warranty Coverage. The Original Manufacturer’s Warranties are given by Sonova only to the end user, patient, or client (collectively, “your customers”), as the case maybe. Please refer to the Sonova Price & Policy Guide for the Phonak brand, for exact Original Manufacturer’s Warranties provided by Sonova. Other than the Original Manufacturer’s Warranties and Extended Warranties (if any), Sonova provides to you or your customers no other warranties of any kind, whether expressed or implied. EXCEPT FOR THE ORIGINAL MANUFACTURER’S WARRANTIES AND THE EXTENDED WARRANTY COVERAGE (IF ANY), SONOVA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO SONOVA PRODUCTS SOLD TO YOU, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, APPLICATION OR USE. Any additional representation, promise or warranty you make to your customers is your sole obligation and will not be binding upon Sonova. You agree to indemnify us against any representation, promise, claim or warranty that you make that is asserted against us by any third party.
Notification and Remedy. Your customers should report all requests for Original Manufacturer’s Warranty coverage and Extended Warranty coverage (if any) directly to you. In turn, we ask that you promptly notify us. Please note that the Original Manufacturer’s Warranties do not cover misuse, abuse, or improper handling or storage either by you or your customers. When a customer requests warranty coverage, we ask that you inspect the device and ask your customers to describe the problem experienced in detail. This will assist us if there are any questions concerning the warranty claim and also provide us with useful information about our products.
Disclaimer of Warranties
We have made - and will continue to make - great efforts to provide accurate and up-to-date information. However, we make no warranty or representation, express or implied, that the information contained or referenced herein is accurate or complete. Furthermore, Sonova shall not be liable in any manner whatsoever for direct, indirect, incidental, consequential, or punitive damage resulting from the use of, access to, or inability to use this information. In addition, Sonova shall not be liable in any way for possible errors or omissions in the contents hereof. SONOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THIS WEBSITE OR THE INFORMATION PROVIDED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, APPLICATION OR USE.
Information on this Website may contain technical inaccuracies or typographical errors. Sonova may also make improvements and/or changes in the products and/or the programs described in this information at any time without prior notification, and will not be liable in any way for possible consequences of such changes.
Information Sonova publishes on the World Wide Web may contain references or cross references to Sonova products, programs and services - illustrated or described - that are not announced or available in your country. Such references do not imply that Sonova intends to announce such products, programs or services in your country. Further information can be obtained from your local Sonova business contact.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event Sonova will be liable to any party for any direct, indirect, special or other consequential damages by any use of this website, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
These Terms and Conditions of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law principles. You hereby consent to the exclusive jurisdiction of the state and federal courts located in or near DuPage County, Illinois with respect to any action arising in connection with the Website
No Professional Advice
The website and its contents do not constitute medical, legal, or any other type of professional advice. Information related to various hearing conditions and their treatment is not meant to be a substitute for the advice provided by an audiologist or other healthcare professional. Please consult with your audiologist or other healthcare professional for medical advice or before making any changes to your medical or audiologic management.
Third-party content may appear on or be accessible from the website. Sonova is not responsible for and assumes no liability for any third-party content. Additionally, this website may provide links or references to other web sites not affiliated with Sonova; however, Sonova is not responsible for the content of such other sites and shall not be liable for any damages or injury arising from users’ access to such sites. Links to other sites are provided only as a convenience to users of our website.
Social Media Community
In case you are entering a Sonova Online Community where content is generated by its individual members Sonova is not responsible for material posted for this social media sites and does not guarantee the content, accuracy, or use of the content in this site. The opinions and information posted on such sites solely reflects the views and opinions of those members and not necessarily reflect the position of Sonova. Sonova does not and cannot confirm the validity of an individual member claiming to be a medical professional or audiologist.
Sonova respects the rights of individuals using social media to voice their views and opinions. However, within our social media channels, we reserve the right to remove comments considered inappropriate, off-topic, abusive, or being used to promote and solicit for third-party sites, initiatives, or products and solicitations for sale, purchase, or fundraising.
The Sonova Group companies are leading providers of innovative hearing solutions. We engage with employees and colleagues, clients, business partners, and the general public in a respectful, tolerant, honest, and sincere fashion. Know and adhere to our Code of Conduct: the same principles and rules that apply to Sonova Group employees' activities in general also apply to activities online.
All marketing activities are subject to marketing guidelines and any other policies established by Sonova USA.
By sharing resources, knowledge, experiences, values, responsibilities and, perhaps most important, long-term commitments and goals, Sonova USA is committed to helping you build and promote your practice. Contact your Sonova USA representative for details.
Comments and Submissions
Sonova welcomes your comments. All comments, suggestions or other information sent by you to Sonova or its advertisers or business partners in response to solicitations on the Website become Sonova’s property and you agree that all intellectual property rights therein are transferred to Sonova. For avoidance of doubt, Sonova shall own any developments by Sonova or on its behalf arising out of your comments, suggestions or other submissions. To the extent Sonova does not own such materials, you grant and agree to grant the Sonova a non-exclusive, royalty-free license to utilize, create derivative works of, distribute and sublicense such materials for any purpose in connection with Sonova’s websites, products and services. You have no expectation of any review, compensation or consideration of any type for all submissions hereunder.
The entire content of this Sonova website is subject to copyright with all rights reserved.
You may freely browse the Site, but you may only access, download or use information from this Site, including any text, images, audio, and video (the "Information") for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes, without written permission of Sonova. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download.
You should assume that everything you see or read on this Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of Sonova.
You should assume that all product names appearing on this Site, whether or not appearing in large print, italics or with the trademark symbol are trademarks of Sonova or other parties. No license to or right in any such trademarks is granted to or conferred upon you.
Sonova may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.