Terms of service

XEMAX SURGICAL PRODUCTS, INC. — TERMS OF SERVICE

Last Updated: June 4th, 2026

These Terms of Use (“Terms”) govern your access to and use of the Xemax Surgical Products Inc. website, online store, and all related services, features, tools, and content (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

“Xemax,” “we,” “our,” and “us” refer to Xemax Surgical Products Inc., a California corporation located at 712 California Blvd, Napa, CA, 94559, USA.

1. Eligibility and Use of the Services

You represent that you:

Are at least 18 years old or legally able to enter into binding agreements.
Are purchasing products for professional or business use and will use them in accordance with applicable medical, dental, surgical, or regulatory standards.
Will comply with all laws and regulations that apply to ordering, receiving, storing, and using medical and surgical supplies.

You may not use our Services for any illegal, fraudulent, or unauthorized purpose.

2. Product Information, Availability, and Pricing

We aim to provide accurate product descriptions, specifications, pricing, and availability. However:

Errors may occur, and information may change without notice.
We may update, correct, or discontinue products at any time.
If a pricing or availability error affects an order, we may cancel or adjust the order and contact you.

Images are for reference only. Actual product packaging or appearance may vary based on manufacturer updates.

3. Orders and Payment

When you place an order, you agree to provide complete and accurate information.
We may refuse, limit, or cancel orders at our discretion, including orders that:

Use incorrect pricing,
Are placed with unusual frequency, or
Appear to be made by resellers, competitors, or unauthorized distributors.

Payment must be made using one of the accepted methods at checkout. All transactions are processed securely through Shopify and/or authorized payment partners.

4. Shipping, Delivery, and Risk of Loss

Shipping and delivery times are estimates only and may vary based on product availability, order verification, carrier delays, weather, supply chain interruptions, customs processing, or other circumstances outside Xemax’s reasonable control. Xemax does not guarantee delivery by a specific date unless expressly agreed in writing.

Xemax will use commercially reasonable efforts to prepare and tender orders to the applicable carrier in accordance with the Shipping Policy. If an order is lost, damaged, misdelivered, or materially delayed before confirmed delivery, you must notify Xemax promptly in accordance with the Shipping Policy so that we may investigate the shipment, assist with any applicable carrier claim, and determine an appropriate resolution.

Once the carrier records a shipment as delivered to the delivery address or delivery location specified in the order, risk of theft, loss, disappearance, or damage occurring after delivery transfers to you, except to the extent the issue results from a verified Xemax fulfillment error or documented carrier misdelivery or transit damage.

You are responsible for providing complete and accurate shipping information and for any loss, delay, return shipment, re-delivery charge, address correction fee, storage fee, or other cost resulting from an incorrect or incomplete address, refusal of delivery, missed delivery attempt, failure to retrieve a held shipment, or failure to satisfy applicable import requirements.

Additional shipping terms, claim-reporting procedures, freight charges, international shipping responsibilities, and delivery limitations are described in our Shipping Policy and Return, Refund & Cancellation Policy, each incorporated into these Terms by reference.

5. Returns, Refunds, and Non-Returnable Items

Our return and cancellation rules are described in our Return, Refund & Cancellation Policy, incorporated by reference into these Terms.

Certain items—including sterile goods, temperature-sensitive items, opened packaging, customized items, and items marked “non-returnable”—cannot be returned for health, safety, or regulatory reasons.

6. Compliance with Medical and Regulatory Requirements

By purchasing regulated products, you confirm that:

You are authorized to purchase, receive, and use them.
You understand any manufacturer usage guidelines, contraindications, and storage instructions.
You will follow all applicable federal, state, and local laws, including FDA, CDC, OSHA, and state dental/medical board rules.

Xemax does not provide medical advice, clinical guidance, or instructions for patient care.

7. Website Content, Product Data, and Images

All content on this website, including product descriptions, images, graphics, collection structures, product data, pricing presentation, educational content, and website copy, is owned by or licensed to Xemax Surgical Products, Inc. and is protected by applicable copyright, trademark, and intellectual property laws.

Unauthorized copying, scraping, automated extraction, reproduction, republication, redistribution, or commercial use of this website's content, product data, images, or descriptions is prohibited without prior written permission from Xemax Surgical Products, Inc.

Xemax Surgical Products, Inc. reserves the right to restrict, block, or take action against automated access, scraping, copying, or misuse of its website content and data.

8. User Accounts

If you create an account:

You are responsible for maintaining the confidentiality of your password.
You agree to notify us immediately of unauthorized access.
We may suspend or close accounts used for fraudulent, abusive, or unlawful activity.

9. Prohibited Conduct

You may not:

Misrepresent your identity or authorization to purchase regulated products.
Attempt to access systems without permission.
Use bots, scrapers, or automated tools to access the site or harvest data.
Interfere with website security or stability.
Upload malware or harmful code.

10. Warranties and Disclaimers

A. General Website and Services Disclaimers

To the fullest extent allowed by law:

The Services are provided “as is” and “as available.”
We do not guarantee uninterrupted or error-free access.
We disclaim implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

B. Xemax-Manufactured Products (Cusp-Lok)

Cusp-Lok is manufactured directly by Xemax or by contract manufacturers under Xemax oversight.
Cusp-Lok carries a limited warranty against defects in materials and workmanship under normal use, as stated on the product page.

This limited warranty does not cover:

misuse, off-label use, or modification,
improper sterilization,
damage from improper storage or handling,
normal wear from clinical use.

Warranty evaluation may require product return for inspection.

C. Exclusively Distributed Products (C-Sponge II / III / IV / Regular / Pedo)

Xemax is the exclusive U.S. wholesaler of C-Sponge products.

C-Sponge is supplied non-sterile in bulk packaging.
C-Sponge must be sterilized prior to clinical use.
Always follow the sterilization instructions printed on the packaging or provided with the product.

C-Sponge may discolor if exposed to prolonged light or sunlight.
This discoloration does not affect product safety or performance when properly sterilized.

Warranty for C-Sponge is limited to defects in materials or workmanship at delivery and does not cover:

improper sterilization,
improper or extended storage,
discoloration from light exposure,
alteration or misuse.

Xemax does not manufacture C-Sponge and provides no additional warranty beyond the manufacturer’s specifications.
We will assist with warranty inquiries consistent with manufacturer policies.

D. Other Brands and Products

Products from other manufacturers (including Hu-Friedy, Osteogenics, Elika, W&H, SS White, Reliance, and others) are covered solely by the original manufacturer’s warranty.
Xemax makes no independent warranties for these products.

E. Clinical Use Disclaimer

Xemax is not responsible for:

clinical outcomes,
surgical technique,
off-label or improper product use,
failure to follow IFU or sterilization instructions,
results of patient treatment.

You are solely responsible for the safe and compliant clinical use of all products.

11. Limitation of Liability

To the fullest extent permitted by law, Xemax is not liable for:

Indirect, incidental, punitive, or consequential damages
Loss of profits, business interruption, or data loss
Claims arising from misuse, off-label use, improper installation, or failure to follow manufacturer instructions
Delays in shipping or product availability
Errors in product listings or specifications

Our total liability for any claim is limited to the amount you paid for the item giving rise to the claim.

Certain jurisdictions (including California) may not allow some limitations. In those cases, our liability is limited to the maximum extent allowed by law.

12. Indemnification

You agree to indemnify and hold harmless Xemax and its directors, officers, employees, contractors, and agents from any claims arising from your:

Violation of these Terms,
Misuse of the Services or products,
Violation of laws or regulations,
Negligent or improper clinical use of products.

13. Governing Law; Venue

These Terms are governed by the laws of the State of California.
Any dispute must be filed in a state or federal court located in Napa County, California, unless applicable law requires otherwise.

14. Changes to These Terms

We may update these Terms periodically for operational, legal, or regulatory reasons.
When we make changes, we will update the “Last Updated” date.
Your continued use of the Services after changes means you accept the updated Terms.

15. Contact Us

If you have questions about these Terms, please contact us:

Xemax Surgical Products Inc.
712 California Blvd
Napa, CA, 94559
United States
Email: customerservice@xemax.com
Phone: 707-224-7817