Request a free BrachyGel sample

General Terms and Conditions 

These General Terms and Conditions (the “Terms”) are a binding contract between you or the entity you represent, on the one hand, and Medtec LLC and Anholt Technologies, Inc., each doing business as CQ Medical (“CQ Medical”), on the other hand. By requesting a free sample of BrachyGel Vaginal Hydrogel Packing Solution, you acknowledge and agree to the following terms and conditions:

1. Legitimate Purpose: The free sample is provided solely for the purpose of product evaluation, clinical trial participation, training, or educational use, in each case, in the ordinary course of business, and not as an inducement for any future referrals, purchases, or ordering of medical devices. You will not (and will not allow any third party to): (i) decompile, disassemble, or otherwise reverse engineer the sample or attempt to reconstruct or discover any underlying ideas, source code, or file formats, as applicable, by any means whatsoever; (ii) distribute, sell, sublicense, rent, lease or use the sample (or any portion thereof) to third parties or otherwise make the sample available to any third parties; (iii) remove or in any manner  alter any product identification, proprietary, trademark, copyright or other notices, if any, contained in or on the sample; (iv) reproduce or modify any part of the sample, create a derivative work of any part of the sample or incorporate the sample into or with other products, except to the extent expressly authorized in  writing by an authorized officer of CQ Medical; (v) make any commercial use of the sample, except as expressly permitted above; or (vii) use or copy the sample, in  whole or in part, except as expressly permitted by these Terms.
2. Compliance with Laws: The provision of this sample is in full compliance with all applicable federal, state, and local laws, including the Anti-Kickback Statute (AKS), and is not intended to induce or reward the referral or ordering of medical devices for reimbursement by federal healthcare programs, including without limitation Medicare or Medicaid. You shall at all times comply with all applicable federal, state, and local laws, regulations and ordinances in connection with the possession, transport and use of the sample.
3. No Expectation of Future Business: There is no obligation for the recipient to purchase, prescribe, or use additional units of the device, nor is there any expectation of future business or referrals tied to the receipt of this sample.
4. No Kickbacks: The free sample is not provided as part of any scheme or arrangement to influence decisions that could result in the submission of claims for reimbursement by federal healthcare programs. The provision of the free sample does not violate the Anti-Kickback Statute (42 U.S.C. § 1320a-7b) or other applicable laws.
5. Proper Documentation: All distribution of free samples will be documented by you in accordance with relevant regulations, including those of the U.S. Food and Drug Administration (FDA), and maintained to ensure compliance with applicable laws.
6. Indemnification: You shall indemnify, defend and hold harmless CQ Medical, its affiliates, subsidiaries and parent companies, and its and their respective directors, officers, employees, contractors, agents, investors, suppliers, vendors, and advisors (collectively, “Indemnified Parties”) from and against any and all claims, costs, damages, losses, liabilities, penalties, obligations and expenses (including without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any (i) breach by you of these Terms, and/or (ii) the possession, transport and/or use by you, your affiliates, or your or their respective employees, contractors, or agents of the sample.  
7. Warranty Disclaimer: THE SAMPLE IS PROVIDED “AS IS” AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND. THE USE OF THE SAMPLE WILL BE AT YOUR SOLE RISK. CQ MEDICAL AND ITS AFFILILATES DISCLAIM ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, RELATING TO THE SAMPLE OR ANY OTHER SUBJECT MATTER HEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ENJOYMENT OR ANY OTHER WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE, IF ANY.    
8. Limitation of Liability: NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, NEITHER CQ MEDICAL NOR ANY OF THE INDEMINFIED PARTIES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO THE SAMPLE OR ANY OTHER SUBJECT MATTER OF THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (A) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) FOR AGGREGATE DAMAGES IN EXCESS OF USD $500.00, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Miscellaneous: Although fully assignable and transferable by CQ Medical, neither these Terms nor the sample or rights hereunder are assignable or transferable by you, and any attempt to do so shall be void and without effect. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Delaware, without regard to any conflicts of laws provisions, and without regard to the United Nations Convention on the International Sale of Goods.  

By requesting the free sample, you affirm that you understand and accept these Terms and that the free sample will be procured and used solely for its intended, lawful purpose, and in accordance with these Terms.