Terms and Conditions

1. Entire Agreement; Parties

These Terms and Conditions (“Agreement”) govern all purchases of products and services from NOUVAG USA Inc., a Nevada corporation with its principal place of business in Las Vegas, Nevada, United States of America (“NOUVAG USA,” “we,” “us,” or “our”). By placing an order with NOUVAG USA, requesting a quote that results in an order, or otherwise purchasing products through this website or through a NOUVAG USA representative, the purchasing individual or entity (“Customer,” “you,” or “your”) agrees to be bound by this Agreement.

Manufacturer relationship. The products offered by NOUVAG USA are designed and manufactured by NOUVAG AG, St. Gallerstrasse 25, 9403 Goldach, Switzerland (“NOUVAG AG” or the “Manufacturer”). NOUVAG USA Inc. is a separate legal entity and acts as the U.S. initial importer and authorized distributor of NOUVAG AG products in the United States. References in labeling or product materials to “Manufactured by NOUVAG AG, Switzerland; imported and distributed by NOUVAG USA Inc.” describe this relationship.

If you have signed a separate written agreement with NOUVAG USA governing your purchases, that agreement will control to the extent it conflicts with this Agreement. In all other cases, this Agreement governs and may not be altered, supplemented, or amended by any purchase order, acknowledgment, or other document you submit, even if NOUVAG USA does not object to additional or different terms it contains. NOUVAG USA may amend this Agreement at any time by posting an updated version on its website; the version in effect at the time of your order applies to that order.

2. Products Covered

This Agreement currently applies to the LipoSurg ARTIST power-assisted liposuction system and its accessories, consumables, and related components as offered for sale by NOUVAG USA (the “Products”). NOUVAG USA may expand the scope of Products it distributes in the United States from time to time; any such additional products will be subject to this Agreement unless stated otherwise.

3. Formation of Contract; Acceptance of Orders

A request for a quote is not an order and does not bind NOUVAG USA. An order is formed only when NOUVAG USA issues a written order confirmation or invoice, or ships the ordered Products, whichever occurs first. NOUVAG USA reserves the right to accept, decline, or limit any order, including for reasons of credit, regulatory status of the ordering party or facility, or Product availability.

4. Prices and Payment Terms

  • Pricing for each order is as stated in the applicable written quote provided by NOUVAG USA. Quoted prices are valid for the period stated in the quote and are subject to change without notice thereafter.
  • Payment terms (including deposit requirements, payment schedule, and accepted payment methods) are specified in the applicable quote or order confirmation and are agreed with the Customer prior to shipment.
  • Prices exclude sales, use, excise, or similar taxes and duties, freight, and insurance unless the quote states otherwise; these amounts, where applicable, will be added to the invoice.
  • Amounts not paid when due may accrue a service charge of 1.5% per month (or the maximum rate permitted by law, if lower) and the Customer is responsible for reasonable collection costs, including attorneys’ fees, incurred by NOUVAG USA in recovering unpaid amounts.
  • NOUVAG USA retains a security interest in, and title to, ordered Products until payment has been received in full.

5. Shipping, Delivery, and Risk of Loss

Unless the quote states otherwise, shipments are F.O.B. NOUVAG USA’s shipping point, and title and risk of loss pass to the Customer upon delivery of the Products to the carrier. Delivery dates provided by NOUVAG USA are estimates only; NOUVAG USA is not liable for delays in shipment or delivery caused by the carrier, by NOUVAG AG, or by circumstances beyond NOUVAG USA’s reasonable control (see Section 15, Force Majeure). The Customer is responsible for promptly inspecting Products upon receipt.

6. Order Changes and Cancellation

Because Products are sourced to order from NOUVAG AG in Switzerland, orders for capital equipment (including the LipoSurg ARTIST system) generally cannot be cancelled, modified, or refunded once NOUVAG USA has issued a written order confirmation, except as expressly agreed in writing by NOUVAG USA or as required by applicable law. The specific cancellation terms for a given order, if any, will be stated in the quote or order confirmation provided to the Customer prior to signature.

7. Returns and RMA

  • Products may not be returned without a Return Merchandise Authorization (“RMA”) number. Because RMA numbers for NOUVAG products are issued by NOUVAG, Customers must first contact the NOUVAG USA team to initiate a return or repair request.
  • Sterile, single-use, or otherwise non-returnable items identified as such in the applicable Instructions for Use (IFU) cannot be returned.

8. Regulatory Status and Compliance

  • The LipoSurg ARTIST system referenced in these Terms has received FDA clearance under 510(k) number K254135.
  • The Customer is solely responsible for ensuring that its purchase, possession, and use of the Products complies with all applicable federal, state, and local laws, regulations, and licensure requirements, including possessing any permits, licenses, or clinical qualifications required to use the Products for their intended purpose.
  • Products must be used strictly in accordance with the Instructions for Use (IFU) and labeling provided with the Products. Use outside the labeled indications, or servicing/modification by parties not authorized by NOUVAG USA or NOUVAG AG, is at the Customer’s own risk and may void the warranty described in Section 9.
  • As the U.S. importer, NOUVAG USA maintains complaint-handling and adverse-event reporting procedures consistent with FDA requirements. Customers should report any suspected Product malfunction, adverse event, or complaint to NOUVAG USA promptly using the contact information in Section 17.

9. Warranty

Warranty term. Products are warranted by NOUVAG AG, and passed through by NOUVAG USA to the original Customer, to be free from defects in materials and workmanship for a period of twenty-four (24) months from the date of delivery to the Customer, matching NOUVAG AG’s standard manufacturer warranty. Repaired or replaced components carry a warranty of the greater of three (3) months from the date of repair/replacement or the remainder of the original 24-month term.

How to request warranty service. All warranty, service, and repair requests must be directed to the NOUVAG USA team (see Section 17) rather than to NOUVAG AG directly. NOUVAG USA will coordinate diagnosis, repair, and, where applicable, escalation to NOUVAG AG on the Customer’s behalf.

Exclusions. This warranty is void in the event of abuse, misuse, unauthorized disassembly, alteration, or repair by a party not authorized by NOUVAG USA or NOUVAG AG, or if the Product has not been used and maintained in accordance with its IFU. Ordinary wear items and consumables are excluded.

Except as expressly set forth in this Section 9, the Products are provided without any other warranty, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. NOUVAG USA’s sole obligation and the Customer’s exclusive remedy for a breach of this warranty is, at NOUVAG USA’s option, repair or replacement of the affected Product.

10. Intellectual Property

All trademarks, trade names, product designs, technical documentation, and other intellectual property associated with the Products remain the exclusive property of NOUVAG AG and/or NOUVAG USA. Nothing in this Agreement transfers any intellectual property rights to the Customer, and the Customer may not reproduce, reverse-engineer, or make such materials available to third parties without prior written consent.

11. Limitation of Liability

To the maximum extent permitted by applicable law, NOUVAG USA will not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or loss of use, arising out of or relating to the purchase or use of the Products, even if NOUVAG USA has been advised of the possibility of such damages. Except for claims arising from NOUVAG USA’s gross negligence or willful misconduct, or for personal injury claims to the extent such limitation is not permitted by law, NOUVAG USA’s total liability arising out of any order will not exceed the amount actually paid by the Customer for the Product giving rise to the claim. Nothing in this Section is intended to limit rights or remedies that cannot be limited under applicable U.S. product liability law.

13. Indemnification

The Customer agrees to indemnify and hold harmless NOUVAG USA (and, where applicable, NOUVAG AG) from third-party claims, damages, and expenses, including reasonable attorneys’ fees, arising out of (a) the Customer’s use of the Products other than in accordance with the IFU and applicable law, (b) unauthorized modification or repair of the Products, or (c) the Customer’s breach of Section 8 or Section 10 of this Agreement.

14. Confidentiality

Pricing, quotes, and other commercial terms exchanged between NOUVAG USA and the Customer are confidential and may not be disclosed to third parties without NOUVAG USA’s prior written consent, except as required by law.

15. Force Majeure

NOUVAG USA will not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, labor disputes, governmental action, epidemic or pandemic, or disruption to NOUVAG AG’s manufacturing or international shipment of Products.

16. Governing Law and Venue

This Agreement is governed by the laws of the State of Nevada, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada, for any dispute arising out of or relating to this Agreement.

17. Contact Information

NOUVAG USA Inc.
Las Vegas, Nevada, United States of America
Phone: +1 702 972 3753
Email: INFO-USA@NOUVAG.COM

Manufactured by: NOUVAG AG, St. Gallerstrasse 25, 9403 Goldach, Switzerland

18. Miscellaneous

  • No waiver of any provision of this Agreement will be deemed a waiver of any other provision or of the same provision on a future occasion.
  • The Customer may not assign its rights or obligations under this Agreement without NOUVAG USA’s prior written consent.
  • If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • This Agreement, together with the applicable quote or order confirmation, constitutes the entire agreement between the parties regarding its subject matter.