Intellijoint Surgical

No Charge Evaluation Agreement Terms and Conditions

Intellijoint No Charge Evaluation Terms and Conditions

This No Charge Evaluation Terms and Conditions ("Evaluation Terms") are to be read in conjunction with the applicable No Charge Evaluation Agreement between Customer and Intellijoint.  Under the No Charge Evaluation Agreement and these Evaluation Terms, Intellijoint is loaning medical equipment to Customer and providing free medical consumable products for the sole purpose of performing a limited number of procedures to evaluate the products.  Intellijoint’s standard replacement price list, as may be updated from time-to-time, is provided in Appendix A.

Ownership: Intellijoint shall retain all ownership of the System, and any portion thereof, along with all intellectual property rights in the System.

Taxes & Gross Up: All fees are exclusive of taxes, levies or duties imposed by taxing authorities, and Customer shall be responsible for any applicable taxes, levies or duties (excluding taxes based on Intellijoint’s income). If Customer is a tax-exempt entity or claims exemption from any Taxes, Customer shall provide a certificate of exemption, upon execution of this Agreement, and after receipt of valid evidence of exemption, Intellijoint shall not charge any taxes from which Customer is exempt.All payments to be made by Customer to Intellijoint under this Agreement shall be made free and clear of and without any tax withholding unless Customer is required to do so, in which case the sum payable by Customer shall be increased to the extent necessary to ensure that Intellijoint receives a sum net of any deduction or withholding equal to the sum which it would have received had no such tax withholding been made or required to be made.Customer shall promptly furnish Intellijoint with all official receipts evidencing payment of Taxes due under or in relation to this Agreement.

Insurance: Intellijoint shall maintain general liability insurance in the amount of Five Million Dollars ($5,000,000) per occurrence. Intellijoint shall maintain worker’s compensation and employer’s liability insurance per statutorily required minimums in the amount of Two Million Dollars ($2,000,000) each incident, Two Million Dollars ($2,000,000) disease-policy limit and Two Million Dollars ($2,000,000) disease-each employee.

Compliance with Laws: Intellijoint agrees to comply with all applicable federal, state and local laws, rules, regulations, and guidelines, and all applicable rules, regulations, and policies of Customer during the term of this Agreement.

Disclaimer of Liability: To the extent not prohibited by applicable law, in no event will intellijoint be liable for personal injury, or any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation, damages resulting from delay of delivery, for loss of profits, data, business or goodwill, for business interruption or any other commercial damages or losses, arising out of or related to this agreement or your use or inability to use the system, however caused, whether under a theory of contract, warranty, tort (including negligence), product liability, or otherwise, even if intellijoint has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. Intellijoint's total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed one hundred dollars ($100.00).

Customer acknowledges and agrees that the system is an adjunct to, and not a replacement for, a surgeon’s knowledge, expertise, and judgment and as such, responsibility for the use of the system in surgery remains with the surgeon

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario, and the laws of Canada applicable therein, without giving effect to its choice of law principles.



Intellijoint Navigation System Components and Replacement Price List

Intellijoint Workstation with Camera 000-0250 1
1 Intellijoint HIP® Cart 000-0220 1 $7,508
2 Workstation 000-0241 1 $9,941
3 Cart Power Cable, N. America 000-0225 1 $195
4 Camera, Mini Optical 3D, USB 000-0281 1 $29,995
Intellijoint HIP Instrument Tray Complete 000-0210 1
5 Intellijoint HIP® Instrument Tray 000-0207 1 $12,750
6 Platform, Pelvic, 25mm 000-0214 1 $6,175
7 Clamp, Camera 000-0189 1 $9,272
8 Shroud, Camera 000-0158 1 $3,442
9 Platform, Femur 000-0152 1 $3,265
10 Tracker 000-0172 1 $4,946
11 Inserter, Femur Platform 000-0159 1 $3,843
12 Probe 000-0197 1 $5,855
13 V-Block 000-0206 1 $3,656
14 Alignment Rod 000-0202 1 $,6072
15 Trocar 000-0160 1 $309
16 Sleeve, Pelvic Screw 000-0161 1 $599
17 Guide, Pelvic Screw, 25mm 000-0229 1 $1,089
18 Driver, T-Handle, 3.5mm 000-0208 1 $323
19 Bit, Power, 3.5mm x 2" 000-0209 1 $323
20 Femoral Disc Inserter Tray Brackets with Hardware Set, Instrument Tray, G2 000-0370 1 $225
21 Magnetic, Femoral Disc Inserter 000-0368 1 $3,445
22 Rod, Washer 000-0280 1 $245
Intellijoint HIP Accessories
23 Platform, Femur, 11mm Nails 000-0211 1 $2,995
24 Probe, G2, 120MM Tip 000-0260 1 $6,455
25 Arm, Camera Mount, Magnetic Base 000-0270 1 $4,050
26 Femoral Disk Inserter, Nails 000-0358 1 $2,450
27 Extender, Femur Platform 000-0272 1 $3,245
28 Cover, Workstation, Clear 000-0378 1 $195
Intellijoint KNEE Instrument Tray Complete
29 Intellijoint KNEE® Instrument Tray 000-0546 1 $6,468
30 Probe Tracker 000-0502 1 $7,490
31 Fine Adjustment Cutting Guide 000-0562 1 $10,933
32 Mini Screw Driver 000-0563 1 $1,300
33 Assembly, Bone Tracker 000-0551 1 $9,800
34 Probe Calibration Jig 000-0526 1 $4,038
35 Magnetic Paddles 000-0570 1 $1,500
36 Dual Slot Cutting Guide 000-0536 1 $6,780
37 Probe Adapter 1.3-1.4mm 000-0559 1 $1,010
38 Probe Adapter 1.5-1.6mm 000-0560 1 $1,010
39 Probe Adapter 1.7-1.8mm 000-0561 1 $1,010
40 Rotation Sizer Interface 000-0566 1 $3,750
41 Camera Mount 000-0541 1 $5,869
Intellijoint VIEW
42 Intellijoint VIEW Surgical Planning Software 000-0450 1 Incl.

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