COLLIMARE, LLC

TERMS AND CONDITIONS OF SALE AND WEBSITE USE

Collimare, LLC

Effective Date: 8/25/2026 Last Updated: 8/25/2026

 

1. Agreement to Terms

These Terms and Conditions ("Terms") govern your access to and use of the website located at collimare.com (the "Site") and all purchases of products, parts, components, and accessories ("Products") from Collimare, LLC ("Collimare," "we," "us," or "our").

By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Site or place an order.

If you are entering into these Terms on behalf of a company, institution, or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.

 

2. Definitions

• "Order" means a request submitted by you through the Site to purchase Products.

• "Confirmation" means our written acceptance of an Order, including any order confirmation email we send.

• "Nonconforming Product" means a Product that, at the time of delivery, is materially damaged, incorrect relative to the Confirmation, or fails to conform to its published specification.

• "Business Day" means Monday through Friday, excluding U.S. federal holidays and any holidays observed by Collimare.

 

3. Eligibility and Accounts

• You must be at least 18 years of age and legally capable of entering into binding contracts.

• Products offered on the Site are intended for purchase by businesses, healthcare facilities, service organizations, and qualified technical personnel. Products are not intended for consumer or household use.

• If you create an account, you are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your account. Notify us immediately at sales@collimare.com of any unauthorized use.

• You agree that all information you provide, including billing, shipping, and contact information, is accurate, current, and complete.

 

4. Products, Specifications, and Availability

• Product descriptions, images, specifications, drawings, and dimensional data on the Site are provided for identification purposes and are subject to change without notice.

• We make reasonable efforts to display Products accurately, but we do not warrant that descriptions, images, colors, or other content are complete, accurate, current, or error-free.

• All Products are subject to availability. We reserve the right to limit quantities, discontinue any Product, or decline to fulfill any Order, in whole or in part.

• It is your responsibility to confirm that a Product is correct and suitable for your intended application before ordering, including verifying part numbers, revision levels, and compatibility with your equipment. If you are unsure, contact us at 303.278.1496 before placing your Order.

 

5. Pricing and Taxes

• All prices are stated in U.S. dollars and are exclusive of shipping, handling, insurance, duties, tariffs, brokerage fees, and taxes unless expressly stated otherwise.

• Prices are subject to change without notice. The price applicable to your Order is the price displayed at the time your Order is accepted.

• We reserve the right to correct pricing errors, including obvious typographical or system errors, even after an Order has been submitted. If a corrected price is higher, we will notify you and give you the option to confirm or cancel the Order.

• You are responsible for all applicable sales, use, excise, VAT, GST, and similar taxes. If you claim a tax exemption, you must provide a valid exemption certificate prior to shipment.

 

6. Payment Terms

• Accepted payment methods are displayed at checkout.

• Unless you have an approved open account with Collimare, payment in full is required at the time of Order.

• Pre-Pay accounts: Certain customer accounts are established on pre-payment terms. Orders on such accounts will not be released for shipment until payment against the applicable invoice has been received and cleared.

• Approved open accounts: Where credit terms have been extended in writing, payment is due per the terms stated on the invoice. Past-due balances may accrue a late charge of 1.5% per month, or the maximum rate permitted by law, whichever is lower. You are responsible for reasonable costs of collection, including attorneys' fees.

• We reserve the right to suspend shipments, revoke credit terms, or require prepayment where an account is past due.

• Submitting payment information constitutes your authorization for us to charge the full Order amount, including shipping and applicable taxes.

 

7. Order Acceptance and Cancellation

• Your submission of an Order is an offer to purchase. It is not an accepted contract until we issue a Confirmation or ship the Product, whichever occurs first.

• We may refuse, limit, or cancel any Order at our discretion, including where we suspect fraud, where a Product is unavailable, where a pricing or description error has occurred, or where fulfillment would violate applicable law or export controls.

• Customer-initiated cancellation: Once an Order has been accepted, it may not be canceled or modified. See Section 9.

• If we cancel an accepted Order, our sole obligation is to refund amounts you have paid for the canceled portion.

 

8. Shipping, Delivery, Title, and Risk of Loss

• Shipping cutoff: Orders received and released after our daily shipping cutoff will be processed on the next Business Day. Current cutoff time: 1:00 MST.

• Domestic shipments are typically shipped via UPS Ground unless an alternate method is requested and agreed in writing. Expedited methods are available at additional cost.

• International shipments are not availble. Contact Collimare at sales@collimare.com for international orders.

• Shipping dates are estimates only. We are not liable for delays caused by carriers, customs, weather, or other circumstances outside our reasonable control. Time is not of the essence unless expressly agreed in writing.

• Title and risk of loss pass to you upon our delivery of the Product to the carrier (F.O.B. Origin, Golden, CO). Claims for loss or damage in transit are between you and the carrier, though we will provide reasonable documentation to support your claim.

• You are responsible for providing an accurate and complete shipping address. Charges arising from address correction, reconsignment, refused delivery, or failed delivery are your responsibility.

 

9. RETURNS — ALL SALES ARE FINAL

ALL SALES ARE FINAL. COLLIMARE DOES NOT ACCEPT RETURNS, EXCHANGES, OR ORDER CANCELLATIONS ONCE AN ORDER HAS BEEN ACCEPTED.

This policy applies to all Products sold through the Site, including parts, components, assemblies, and accessories. It applies regardless of whether a Product has been opened, installed, or used.

We adopt this policy because Products sold through the Site are technical components whose condition, calibration, handling history, and traceability cannot be verified once they have left our control.

Please verify part numbers, revision levels, quantities, and compatibility before submitting your Order. Ordering the wrong item is not a basis for return.

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9.1 Limited Exceptions

Notwithstanding the above, we will accept a return, replacement, or refund at our sole discretion in the following circumstances only:

1. Shipping damage — the Product arrives visibly damaged in transit;

2. Fulfillment error — we shipped an item different from the item stated in your Confirmation, or in an incorrect quantity; or

3. Nonconformance — the Product materially fails to conform to its published specification at the time of delivery.

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9.2 Inspection and Notice Requirements

• You must inspect all Products promptly upon receipt.

• You must notify us in writing at sales@collimare.com within 5 calendar days of delivery, describing the issue and including your order number, photographs, and lot or serial identifiers where applicable.

• Failure to provide notice within this period constitutes irrevocable acceptance of the Product and waiver of any claim under Section 9.1.

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9.3 Return Authorization

• No Product may be returned without a Return Material Authorization (RMA) number issued by Collimare in advance. Products returned without an RMA number will be refused or returned to you at your expense.

• Authorized returns must be shipped in original or equivalent protective packaging, with the RMA number clearly marked on the outside of the package.

• Where a return is authorized under Section 9.1, Collimare will provide return shipping instructions and bear reasonable return shipping cost.

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9.4 Remedy

Where a claim under Section 9.1 is validated by Collimare, your sole and exclusive remedy is, at Collimare's option: (a) repair of the Product, (b) replacement of the Product, or (c) refund of the purchase price paid for the affected Product. Collimare is not liable for labor, removal, reinstallation, downtime, or consequential costs. See Section 13.

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9.5 Non-Returnable Items

The following are non-returnable under all circumstances:

• Custom, made-to-order, or modified Products

• Products that have been installed, modified, disassembled, repaired, or altered by any party other than Collimare

• Products damaged by misuse, improper installation, improper storage, or failure to follow applicable instructions

• Products with removed, defaced, or illegible serial numbers or labels

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9.6 Product Complaints

Nothing in this Section limits your ability, or ours, to report a product quality concern. If you believe a Product has performed in a manner that may affect safety or product quality, contact us at 303.278.1496 or sales@collimare.com regardless of the return status of the item. Collimare will evaluate such reports under its quality management system.

 

10. Limited Warranty

• Products are warranted to be free from defects in material and workmanship, under normal use and service, for a period of 1 year from the date of shipment, or for the period stated in the written warranty accompanying the specific Product, if any.

• This warranty extends only to the original purchaser and is not transferable.

• This warranty does not apply to Products subject to misuse, neglect, accident, unauthorized modification or repair, improper installation, use outside published specifications, or normal wear.

• Warranty claims are subject to the notice, RMA, and remedy provisions in Section 9.

• Collimare's total liability under this warranty shall not exceed the purchase price of the affected Product.

 

11. Disclaimer of Warranties

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH IN SECTION 10, ALL PRODUCTS ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLIMARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

COLLIMARE DOES NOT WARRANT THAT ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF ANY PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

No representative, distributor, or agent is authorized to modify this disclaimer or to make any additional warranty on Collimare's behalf.

 

12. Intended Use and Purchaser Responsibility

• Products are components intended for integration, service, or repair by qualified personnel. They are not sold as finished medical devices for direct patient use unless expressly identified as such.

• You are solely responsible for determining the suitability of any Product for your intended application, for compliance with all applicable regulatory requirements in your jurisdiction, and for any validation, qualification, testing, labeling, or documentation required for your use.

• If you incorporate a Product into a finished device or system, you assume all responsibilities of a manufacturer or servicer under applicable law, including complaint handling, adverse event reporting, and traceability obligations.

• You agree not to resell, relabel, or represent any Product in a manner inconsistent with its published specification or intended use.

 

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• IN NO EVENT SHALL COLLIMARE, ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF USE, DOWNTIME, COST OF SUBSTITUTE GOODS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• COLLIMARE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO COLLIMARE FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the above limitations apply to the fullest extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded.

 

14. Indemnification

You agree to indemnify, defend, and hold harmless Collimare, LLC and its officers, members, employees, and agents from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your breach of these Terms; (b) your use, installation, modification, integration, or resale of any Product; (c) your violation of any applicable law or regulation; or (d) your violation of any third-party right.

 

15. Export Controls and International Orders

• Products and related technical data may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws.

• You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties.

• For international shipments, you are the importer of record and are responsible for all duties, taxes, tariffs, brokerage fees, and customs compliance in the destination country, and for confirming that the Product may lawfully be imported and used there.

• Refused or abandoned international shipments remain your financial responsibility. Return freight, duties, and storage charges will be billed to you, and Section 9 continues to apply.

 

16. Intellectual Property

• All content on the Site, including text, graphics, logos, images, drawings, specifications, and software, is the property of Collimare, LLC or its licensors and is protected by U.S. and international intellectual property laws.

• "Collimare" and associated logos and product designations are trademarks of Collimare, LLC. No license to use any trademark is granted by these Terms.

• You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Site content without our prior written consent.

• Purchase of a Product conveys no license or right under any patent, copyright, trade secret, or other intellectual property of Collimare other than the right to use that individual Product for its intended purpose.

 

17. Acceptable Use of the Site

You agree not to:

• Use the Site for any unlawful purpose or in violation of these Terms;

• Attempt to gain unauthorized access to any portion of the Site, other accounts, or connected systems;

• Introduce malware, viruses, or other harmful code;

• Use automated means to scrape, harvest, or index Site content or pricing without our written permission;

• Interfere with or disrupt the integrity or performance of the Site;

• Submit false, fraudulent, or misleading information.

We reserve the right to suspend or terminate access to the Site or to any account, without notice, for any violation of this Section.

 

18. Privacy

Your use of the Site is also governed by our Privacy Policy, available at [INSERT LINK], which is incorporated into these Terms by reference.

 

19. Third-Party Links and Services

The Site may contain links to third-party websites or make use of third-party services, including payment processors and shipping carriers. We do not control and are not responsible for the content, policies, or practices of any third party. Your dealings with third parties are solely between you and that third party.

 

20. Force Majeure

Collimare shall not be liable for any delay or failure to perform arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, supplier or component shortages, transportation delays, utility or telecommunications failures, cyberattack, or governmental action.

 

21. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to any Product shall be governed by the laws of the State of Colorado, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You consent to the exclusive jurisdiction and venue of the state and federal courts located in [INSERT COUNTY] County, Colorado, and waive any objection based on inconvenient forum.

 

22. Changes to These Terms

We may revise these Terms at any time by posting an updated version to the Site with a new Effective Date. Changes apply prospectively to Orders placed after the updated Effective Date. The Terms in effect at the time your Order is accepted govern that Order. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms.

 

23. General Provisions

• Entire Agreement. These Terms, together with any Confirmation and any written agreement signed by both parties, constitute the entire agreement between you and Collimare regarding the subject matter, and supersede all prior or contemporaneous understandings.

• Conflicting Terms. Any terms contained in your purchase order, acknowledgment, or other document that conflict with or add to these Terms are expressly rejected and are not binding on Collimare unless accepted in a writing signed by an authorized Collimare representative.

• Severability. If any provision is held unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

• No Waiver. Our failure to enforce any provision is not a waiver of that provision or any other.

• Assignment. You may not assign these Terms or any rights under them without our prior written consent. We may assign freely.

• Survival. Sections 9 through 16, 21, 22, and 24 survive termination or completion of any Order.

• Headings. Headings are for convenience only and do not affect interpretation.

• Notices. Notices to Collimare must be sent to the contact information in Section 25. Notices to you may be sent to the email or address associated with your account or Order.

 

24. Contact Information

Collimare, LLC 13401 W 43RD DR #7, Golden, Colorado 80403

Phone: 303.278.1496 Email: sales@collimare.com