Space designed for a purpose.
We believe that better care starts with a better designed care environment.
Midmark Corporation
Midmark designs the seamless clinical care experiences that millions of medical, dental and veterinary visits depend on every day. We do this through the design and manufacture of an ecosystem of products and solutions that harmonize space, technology and clinical workflow. The result of this process is more efficient care and better outcomes—clinical, operational and financial.
And what makes all this possible? Our people. We are a team of more than 2,100 teammates worldwide, all passionate about creating better care experiences. Our teammates care about the people they work with and impact. From our colleagues and customers to caregivers and patients—both human and animal—through all of the clinical spaces we serve, what drives us is respect and gratitude.
Founded in 1915, Midmark is headquartered in Versailles, Ohio, with several other locations in the United States and international subsidiaries in India and Italy. We are, and always have been, committed to giving back to the communities we serve. From partnerships with local food pantries, wellness programs and blood banks to donating medical equipment to developing countries, community outreach and philanthropy are just more ways Midmark works to achieve our vision of transforming the clinical care environment for the betterment of all.
Your privacy is important to us. We have created this Privacy Policy (this “Policy”) to notify you how we treat personally identifiable information and other information that we collect and store through the websites of Midmark Corporation and its subsidiaries and affiliates, including Midmark EMEA Limited (collectively “Midmark”). Midmark websites include, but are not limited to, www.midmark.com, www.midmarkanimalhealth.com, www.midmarkserviceparts.com, www.midmarkclinicalsolutions.com, and any other Midmark websites accessible through them (the “Midmark Sites”). This Policy applies only to information collected by the Midmark Sites and does not apply to information you post to public areas or third-party websites, except as set forth herein. This Policy imposes no duties on Midmark not imposed by state, federal, or other applicable law. Residents of California may click here for additional privacy information pertaining to the California Consumer Privacy Act.
The Midmark Sites are owned and operated by Midmark. Any inquiries about this Policy should be directed to Midmark at midmarkcorporation@midmark.com, 1-800-Midmark, or by mail to:
Midmark Corporation
Attn: eMarketing
60 Vista Dr,
Versailles, OH 45380
This Policy is incorporated by reference into the Terms and Conditions Agreements to which you agreed upon entering any of the Midmark Sites and, as such, shall be governed by and construed in accordance with the internal laws of the State of Ohio, without reference to conflict of law principles. By accessing any of the Midmark Sites and providing Midmark with personally identifiable information and data, you consent to the exclusive jurisdiction of the State of Ohio for any and all disputes or actions that may arise. This Policy is independent from Midmark offline personal data collection practices. Personally identifiable information and data about you includes information such as your name, birth date, e-mail address or mailing address, and any other information or data that is identified with you personally (“Personal Information”). In some countries like those in the EU, things like IP address or cookies and mobile device identifiers may also be considered Personal Information.
Children. Midmark does not knowingly collect data or Personal Information from children under the age of 13 years. If you are under 13, DO NOT provide any Personal Information. If you have reason to think that a child has provided Personal Information to Midmark, contact us at midmarkcorporation@midmark.com, and we will use commercially reasonable efforts to delete that information from our databases.
What and How We Gather Information From Users.
The information we learn from you helps us personalize and improve your experience at the Midmark Sites. The following are the types of information we gather:
Information You Provide: We receive information if and when you register for any of the Midmark Sites, create an account, or make purchases through any Midmark Site. Any Personal Information you provide is voluntary or is necessary for the purposes for which it is to be used. Sensitive Personal Information is only collected if you affirmatively choose to provide it. You have no obligation to provide the information requested on any Midmark form, but the failure to do so can impact Midmark’s ability to respond to your inquiry, problem, request, or other communication, and may result, in the case of a warranty or other service request, in the denial of such a request.
E-mail / Opt-Out: If and when we ask for your Personal Information, such as an e-mail address, to share with our third-party promotional partners or non-affiliated advertisers, you have the opportunity to ‘opt-out’ of providing such information. During the registration process or at other places on the Midmark Sites, you may have the opportunity to indicate areas about which you would like to receive more information. Generally, Midmark does not ask for sensitive Personal Information. If Midmark does ask, you will be required to specifically “opt-in” for its processing and/or sharing. You may opt-out at any time if you change your mind by logging into your profile and changing your email preferences, if applicable, by clicking on the appropriate link in e-mails sent to you, or by contacting Midmark per this Policy.
Automatic Information: We automatically receive and record certain types of information whenever you interact with us. This information, which is recordable any time you use the Internet, includes the Internet Protocol (IP) address used to connect your computer to the Internet; your domain name, if any; and computer and connection information, such as browser type and version. In addition, like many websites, we use a technology called “cookies” to record your activity while visiting the Midmark Sites. We use this information to learn how you use the Midmark Sites, to remember your preferences, and to diagnose problems.
How we use your information:
Personal Information may be used to create personalized content, services, and advertising on Midmark Sites, as well as to better understand your preferences. We take commercially reasonable steps to ensure that your Personal Information is reliable for its intended use, accurate, complete, and current. The Midmark Sites may combine information that you voluntarily give us with information provided by third parties and affiliates.
How and when do we share your information:
Aggregated Usage Information: We may provide aggregated usage information to third parties, such as content licensors and advertisers, for diagnostic, billing, and sales purposes. However, such information will not include any Personal Information. This information is purely statistical in nature and cannot be tied to you.
Links & Advertisements: To better serve you, we may provide you with external links to other sites which we think can offer you useful information and services. Any external (non-Midmark) websites to which we provide links are subject to their own privacy policies, and you will need to review those policies. We have no control over or responsibility for the privacy practices of any external sites. Additionally, we use third-party technology to serve advertisements to you and allow third parties to access their own cookies on your computer. Use of cookies by third parties is subject to their own privacy policies and not this Policy.
Unsolicited Information & Ideas: Any communications you send to Midmark or Midmark Sites by e-mail or any other means are not confidential and Midmark is under no obligation to refrain from reproducing, publishing (except for Personal Information), or otherwise using them in any way or for any purpose. Midmark shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale. The sender of any such communications to Midmark Sites shall be responsible for the content contained therein.
Processing of Personal Information and Data. As part of Midmark’s on-going commitment to provide its customers and end-users with Midmark- and Ritter-branded products manufactured in the United States of America, Midmark may process the Personal Information it collects or receives from you in the United States of America. By use of the Midmark Sites and providing Midmark with Personal Information, you consent to the processing of the Personal Information by Midmark in the United States of America.
More Information About Cookies. Cookies are small data files placed on your computer’s hard drive through your Web browser that enable us to personalize your Web browsing experience. The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, disabling cookies may prevent you from taking full advantage of some of the features on the Midmark Sites.
In addition to the third-party sharing previously discussed above, the Midmark Sites may share your Personal Information as follows:
We may share Personal Information about you with third parties only in order to provide services or products that you have requested or that provide services to us (such as data processing services, credit card processing, or marketing services); when we have your permission; or as otherwise described in this Policy. Our affiliates and third-party providers use any such data in accordance with this Policy may need Personal Information to perform their functions, and may use this Personal Information to contact you in the future to tell you about products or services we think will be of interest to you (of which you may opt-out as previously explained above). These companies are not authorized to use the information we share with them for any other purpose.
We will disclose Personal Information if required by law, such as in response to a subpoena or similar legal process, as necessary to enforce the Terms and Conditions Agreements for the Midmark Sites, or as necessary to protect your vital interests. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, user information, including Personal Information, may be one of the transferred assets. We will not be liable for your information no longer in our possession.
How Is the Collected Information Protected? While no method of data transmission is guaranteed against unlawful third-party interception or other misuse (for example, e-mail sent to or from the Midmark Sites may not be secure), Midmark uses commercially reasonable efforts to ensure protection of your Personal Information from unauthorized access, disclosure, alteration, and destruction. Data collection and processing, by Midmark, its affiliates, and third-party providers may occur in the United States of America.
How Do I Learn More About the Information Collected? If you have any questions or concerns about the information collected about you or this Policy, please contact us at the following email address: midmarkcorporation@midmark.com.
Your Rights. In addition to other rights specified in this Policy, you have the following rights: (i) the right to object, for legitimate reasons, to the processing of your Personal Information; (ii) upon proof of identity, the right to access information with respect to whether Midmark is processing your Personal Information, the purposes of such processing, the categories of Personal Information processed, the recipients of your Personal Information, locations where your Personal Information is transferred or processed, the manner in which the Personal Information was communicated to Midmark, and, to the extent your Personal Information is automatically processed, information that enables you to understand and challenge the underlying logic of such processing to the extent a decision by Midmark is directly impacted by such processing; and (iii) the right to amend, rectify, complete, update, lock, or delete any of your Personal Information that is inaccurate, incomplete, ambiguous, out-of-date, or expired, or the collection, use, communication, or maintenance of which is prohibited under applicable law or incompatible with the purpose for which it was originally collected or subsequently authorized. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy or rights of others, would be extremely impractical, or for which access is not otherwise required.
European Union Residents. If the EU General Data Protection Regulation (GDPR) applies to you, you have certain personal data rights, including to access what Personal Information we have about you, make corrections or updates to it, instruct us to delete that information, or receive a portable copy of that information. If you are a resident of the European Union, you may access the Personal Information we hold about you, request that inaccurate, outdated, or no longer necessary information be corrected, erased, or restricted, and ask us to provide your data in a format that allows you to transfer it to another service provider. You also may withdraw your consent at any time where we are relying on your consent for the processing of your Personal Information. You may also object to our processing of your Personal Information where that processing is based on our legitimate interest. If you would like more information about data protection and your personal data rights in general, please visit the European Data Protection Supervisor’s site at https://edps.europa.eu/data-protection/ . If you are not happy with our response to your requests, you may lodge a complaint with the data protection authority in your country. If you have questions or would like to contact us about your rights under GDPR, you may contact us at the following email address: midmarkcorporation@midmark.com.
Change to Privacy Policies. We reserve the right to change this Policy at any time without notice. Please check this page periodically for any changes. By continuing to use any of the Midmark Sites, you accept all such changes.
1. Contract. Each sale of Midmark products and services (“Products”) and the acceptance of any purchase order submitted by a purchaser of Products (“Purchaser”) is expressly made conditional on Purchaser’s assent to these Terms and Conditions of Sale (“Agreement”), and Midmark agrees to furnish the Products only upon the terms and conditions of this Agreement. Any additional, different, or conflicting terms and conditions set forth in any documents issued by a Purchaser at any time, including without limitation any purchase orders and any specifications are hereby objected to by Midmark, shall be wholly inapplicable to any sale of Products and shall not be binding in any way on Midmark. No waiver or amendment to the terms and conditions of this Agreement shall be binding on Midmark unless made in a writing expressly stating that it is such a waiver or amendment and signed by Midmark.
2. Payment. Midmark may, but is not obligated to, sell Products to a Purchaser on credit. In the event that Midmark sells Products on credit, then: (a) payment in full shall be due and payable thirty (30) days from the date of invoice; (b) in the event Purchaser fails to pay Midmark the purchase price within thirty (30) days of the date of invoice, Purchaser shall pay Midmark interest on such delinquent payment at one and one-half percent (1.5%) per month, compounded monthly, or the highest rate permitted by law. Purchaser shall pay all collection expenses, including but not limited to attorney’s fees, incurred by Midmark in the collection of amounts owed by Purchaser.
3. Limited Warranty. Each Product sold by Midmark is accompanied by one of the following limited warranties, unless otherwise specified by Midmark (click on applicable limited warranty):
Midmark Limited Warranty – Dental Products
Midmark Limited Warranty – Diagnostic Products
Midmark Limited Warranty – Medical Products
Midmark Limited Warranty – RTLS (Formerly Versus)
Midmark Limited Warranty – Midmark HEINE Diagnostic Instruments
Midmark Limited Warranty – Midmark Workstations
Midmark Limited Warranty – Synthesis Cabinetry Collection
Midmark Limited Warranty – Veterinary Products
THE APPLICABLE WARRANTY ABOVE IS MIDMARK’S ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. MIDMARK DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS. THE APPLICABLE WARRANTY AND THE REMEDIES SPECIFIED HEREIN ARE THE SOLE REMEDIES OF PURCHASER, WHETHER UNDER THEORIES OF BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY.
4. Delivery and Acceptance. Midmark will make reasonable efforts to notify Purchaser of the anticipated delivery date of the Products. Purchaser shall be on site upon delivery and shall be responsible for unloading the Products. If within forty-eight (48) hours of delivery Purchaser has not provided Midmark an itemized written notice of an objection to the condition of the Products, Purchaser shall be deemed to have accepted the Products as satisfactory in all respects.
5. No Damages for Delay. Although Midmark will attempt to meet shipment and delivery schedules, Midmark will not be liable to Purchaser for any damages resulting from late shipment or delivery, including but not limited to direct, indirect, economic, incidental, or consequential damages, including without limitation lost profits or income, loss of use, downtime, cover, and employee or independent contractor wages, payments, and benefits.
6. Transportation Expenses. All transportation expenses shall be paid by Purchaser. Purchaser shall be responsible for making all in-transit damage claims to the shipper or carrier.
7. Risk of Loss. The risk of loss, theft, destruction, or damage to the Products shall pass to Purchaser F.O.B. Midmark’s applicable manufacturing facility.
8. Taxes. The purchase price does not include sales, use, excise, or similar taxes. Consequently, in addition to the purchase price for Products, the amount of any present or future sales, use, excise, or other tax applicable to the sale or use of the Products sold hereunder shall be paid by Purchaser, or in lieu thereof, Purchaser shall provide Midmark with a tax-exemption certificate acceptable to the taxing authorities. Purchaser shall indemnify, defend, and hold Midmark harmless from all such taxes.
9. Limitation of Liability. Midmark’s liability for any claim of any kind, including negligence and breach of warranty, for any loss or damage resulting from, arising out of, or relating to the manufacture, sale, delivery, resale, repair, or use of the Products shall in no case exceed the purchase price for the Products which give rise to the claim.
10. Force Majeure. Midmark shall not be liable for any actions or failure to act due to causes beyond its reasonable control, or due to acts of God, acts of Purchaser, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, quarantine restrictions, war, riots, delays in transportation, car shortages, and inability due to causes beyond its reasonable control to obtain necessary labor, materials, or processing facilities.
11. Security Interest. Midmark retains a security interest in the Products to secure all obligations owed by Purchaser to Midmark. Purchaser authorizes Midmark to file Uniform Commercial Code financing statements and to take such other actions as Midmark determines to be appropriate to perfect its security interest. Failure to make any payment as provided herein or any other amounts due Midmark from Purchaser, or any other credit concerns of Midmark, shall entitle Midmark to cease and stop shipments without notice to Purchaser, and Purchaser consents that Midmark, its successors and assigns, shall be and are hereby authorized to retake possession and custody of any shipments already made and/or received by Purchaser and upon written notice to Purchaser, cancel the balance and/or unexecuted portion of this Agreement and hold Purchaser liable for any and all damages incurred as a result of or in any manner growing out of the default or failure to so pay on the part of Purchaser.
12. Termination, Reduction in Quantity, Rescheduling Delivery. In the event Purchaser desires to terminate any part or all of its purchase order, reduce the quantity of the Products ordered, or reschedule the delivery, fair compensation shall be made to Midmark which shall take into account, among other things, expenses incurred and commitments already made by Midmark, reasonable costs and expenses incurred by Midmark in making settlement hereunder, the increased costs incurred by Midmark by reason of a revision in the delivery schedule, and in the case of termination or reduction in the quantity of Purchaser’s purchase order, the profit reasonably anticipated by Midmark. Unless in a writing duly executed by Midmark, no revisions or amendments to the agreement of the parties described in Section 12 or 13 hereunder shall affect any rights of Midmark under this agreement or applicable law.
13. RETURN OF MERCHANDISE –
(A) RETURN OF ITEMS OTHER THAN DIAGNOSTIC PRODUCTS – Authorization must be obtained for the return of any item. If return is authorized, transportation charges must be prepaid. Risk of loss with respect to returned goods shall remain with the purchaser until receipt by Midmark. Items returned for credit are subject to a charge of 25% or more to cover inspection, damage in transit, reconditioning and repacking. Items may be returned within six (6) months (except Service Parts within ninety (90) days) from the original ship date if it is in its original packaging, unused and unopen. Return merchandise authorization number (RMA #) should be written on the outside of the packaging.
(B) RETURN OF DIAGNOSTIC PRODUCTS – Authorization must be obtained for the return of any item. If return is authorized, transportation charges must be prepaid. Risk of loss with respect to returned goods shall remain with purchaser until receipt by Midmark. Items returned for credit are subject to a charge of 25% to cover inspection, damage in transit, reconditioning and repacking. Items may be returned within thirty (30) days (except Service Parts within ninety (90) days) from the original ship date if it is in its original packaging, unused and unopened. Return merchandise authorization number (RMA #) should be written on the outside of the packaging.
(C) NON-REFUNDABLE ITEMS – Certain items are not eligible for return or refund, including but not limited to: software, consumables (e.g. electrodes, prep kits, pneumotach mouthpieces, temperature probe covers, nose clips, thermal paper), all disposable items, specials, Synthesis® cabinetry, Care Exchange® workstations, discontinued items or parts, items with custom or non-standard colors, and items purchased at a price of less than $50 USD.
14. Remedies. In the event of Purchaser’s default under these Terms and Conditions of Sale or in the performance of any purchase order, Midmark shall have available all rights and remedies at law or in equity. Purchaser agrees to pay Midmark all costs and expenses, including attorney’s fees, incurred by Midmark in exercising any of its rights and remedies. No failure on the part of Midmark to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof. No waiver by Midmark of any default shall constitute a waiver by Midmark of any additional or subsequent default.
15. Entire Agreement. All agreements and understandings of any character heretofore made between Midmark and Purchaser are embodied herein, and no changes shall be made hereto unless the same shall be in writing and duly signed by an authorized representative of both Midmark and Purchaser. No terms or provisions contained in any purchase order submitted by Purchaser shall apply.
16. Severability. In the event any provision of these Terms and Conditions of Sale is held or determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect.
17. Arbitration. Midmark may, at its discretion, settle any claim or controversy arising out of or relating to any purchase order, or the breach of non-performance of any provision hereof, by arbitration in accordance with the Arbitration Rules of the American Arbitration Association in effect at the time such claim or controversy arises. Purchaser and Midmark agree that any arbitration shall be administered and conducted at Dayton, Ohio.
18. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Ohio without reference to its conflict of laws provisions. Purchaser hereby submits to the exclusive jurisdiction of courts of competent jurisdiction in Darke County, Ohio with respect to any claim or controversy arising out of or relating to this Agreement, or the breach of non-performance of any provision hereof. The United Nations Convention for the International Sale of Goods shall not be applicable to this Agreement.
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