Ordering Information & Policy

 

ORDERING INFORMATION

Customer Service and Technical Information

+1 (650) 327-5000

Mailing Address

525 Middlefield Road
Suite 150
Menlo Park, CA 94025

Introduction. Purchase of any products sold by INFINITI shall be subject to and expressly limited by the terms and conditions contained herein. No changes to, waiver of, or addition to any of these terms and conditions shall be effective unless agreed to in writing and signed by INFINITI. Buyer acknowledges and agrees that these terms and conditions supersede the terms and conditions of any purchase order or other documentation used by Buyer and, except for delivery and billing addresses, and quantities prices and items ordered, any conflicting or additional terms are void and have no effect, but that Buyer may place orders by use of purchase orders and other documentation for its convenience purposes only. Notwithstanding the foregoing, INFINITI reserves the right at any time to amend these terms and conditions, and Buyer shall be deemed to accept such amended terms and conditions by ordering products herein offered after the date of such amendment. THESE TERMS AND CONDITIONS WILL APPLY UNLESS BUYER HAS A SEPARATE WRITTEN AGREEMENT WITH INFINITI THAT EXPRESSLY REPLACES THESE TERMS AND CONDITONS.

Pricing. Stated prices are per unit of product. INFINITI reserves the right to change the prices and specifications of its products at any time without notice. Please call Customer Service for a quote or contact sales@infinitimedical.com

Payment. Net 30 days. INFINITI also accepts credit card payments (Visa, MasterCard, and American Express). Unless a product is currently not available, standard deliveries are processed in five (5) business days with freight/handling/insurance added to each invoice. Expedited service is available on all orders. A charge of $150.00 is applied for all rush orders. Sales Tax will be applied to purchases charged to Buyer if required by law.

Additional Payment Terms. A service charge of 1½ % per month, not to exceed the maximum rate allowed by law, shall be made on any portion of Buyer’s outstanding balance that is not paid within the net thirty (30) day period. In the event Buyer fails to make payment in full to Seller when due, Buyer’s entire account(s) with Seller shall become immediately due and payable without notice or demand. Any disputed amounts should be reported immediately and remitted with the undisputed amount by the payment due date. If INFINITI agrees with the billing dispute, INFINITI will credit Buyer the amount of the agreed-upon billing dispute. All billing disputes must be made within six (6) months of the applicable invoice date, or will be deemed to be waived. INFINITI reserves the right in its sole discretion to require prepayment from any Buyer at any time and may refuse to sell and/or withhold further shipment until all overdue balances are made current. Buyer shall be liable for, and shall reimburse INFINITI for all costs and expenses it may incur in connection with collection of any amounts owed to INFINITI or enforcement of its rights, including without limitation, reasonable attorneys’ fees and expenses, court costs, and costs of collection agencies. All communications regarding billing disputes and payments of any disputed or delinquent amount must be sent to: INFINITI Accounting Department, 525 Middlefield Rd. Suite 150, Menlo Park, CA 94025.

Custom Product Terms. Payment required in advance for any custom products. INFINITI accepts payment by credit card, bank wire transfer or check. Manufacturing of custom products will commence upon receipt of payment. Production lead times and delivery vary by product. All custom orders are non-refundable and may not be returned for credit.

Delivery. Unless otherwise agreed by INFINITI in writing, all shipments will be delivered to carrier at INFINITI’s facility; provided, however, that unless Buyer advises INFINITI that it will arrange and take responsibility for shipment of Products from INFINITI’s facility, INFINITI will arrange for carrier(s) to transport the products to Buyer’s specified location. Title to and risk of loss or damage for all products will pass to Buyer upon INFINITI’s delivery of the products to the carrier. Damage due to shipping shall be managed in conformance with the Returns section of these terms and conditions. Loss or damage will not relieve Buyer of any obligations for payment or obligations in this Agreement. Delivery dates provided by INFINITI are estimates only. Shipping, freight, handling, insurance, and related costs shall be included in the price or invoiced to Buyer (as agreed upon by the parties and as subsequently provided in the detailed product sale terms). When expedited delivery, specialized service, or alternate transportation modes, are requested by Buyer an additional charge to cover the expense will be added to Buyer’s invoice.

Returns. Buyer must notify INFINITI within seven (7) calendar days of delivery regarding any products delivered to Buyer that were shipped in error, were damaged in shipping, or were in a shipping package that was damaged in shipping and such damage to the shipping package may have affected the quality of the products inside the shipping package. Any products which Buyer wishes to return due to a) being shipped in error or damaged in shipping or b) a defect subject to the warranty provisions will be subject to receiving a Return Material Authorization (RMA) from INFINITI. All returns are subject to the prior authorization of INFINITI, in its discretion. Only items appearing on an approved RMA are acceptable for return. Product returns will only be accepted from the original Buyer. Product returns will not be accepted from any third parties. Unauthorized returns will be destroyed and no credit issued. All authorized returned products must be shipped freight prepaid to the INFINITI location indicated on the RMA, except INFINITI will pay freight costs for product shipped-in-error or damaged in shipping.

Limited Warranty. INFINITI warrants to Buyer that products supplied by INFINITI that are sold to Buyer will be free from defects in material and workmanship for six (6) months after delivery to Buyer. Buyer must inspect and notify INFINITI of any such defects within this six (6) month period. Further, notice of a defective product must be given to INFINITI in writing within ten (10) days following the discovery of such defect prior to the expiration of the warranty period in order to recover under the warranty. All returns are subject to the prior authorization of INFINITI, in its discretion. The warranty does not cover and INFINITI will have no warranty obligation whatsoever with respect to any damage to a product caused by or associated with: (i) usage not in accordance with product instructions or usage for a purpose not indicated on the labeling; (ii) abuse, misuse, neglect, improper maintenance or storage, accident, vandalism, or the negligence of any party other than INFINITI; (iii) external causes, including (but not limited to) natural disasters, acts of God, power failure, cosmetic damage or damage to product packaging; or (iv) use of unauthorized consumables and/or accessories with the product. INFINITI’s sole liability under this warranty will be, at INFINITI’s sole option, to a) replace; b) repair; or c) refund the purchase price of the defective product(s). This will be Buyer’s exclusive remedy for a covered defect. Any oral or written statement concerning the products inconsistent with the limited warranty set forth herein will be of no force or effect. INFINITI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND INFINITI DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS.

Limitation of Liability. In no event shall INFINITI be liable to Buyer for any unforeseen, indirect, incidental, special, punitive or consequential damages (including any loss of use, loss of revenue or damage for lost or anticipated profits), or otherwise arising out of or in connection with furnishing of products or service hereunder, or the performance, use of, or inability to use any products or service, or otherwise, whether based in contract, warranty, tort, including without limitation, negligence and strict liability, or any other legal or equitable theory. INFINITI’s total liability for any claim or action, whether based in contract, warranty, tort, including without limitation, negligence and strict liability, or any other legal or equitable theory shall not exceed the purchase price of the product or products out of which such claim or action arose, or Ten Thousand Dollars ($10,000.00), whichever is less. The foregoing limitations shall apply to all actions of any character, whether in law or equity and whether in contract (including breach), tort/extra-contractual liability (including negligence), warranty, indemnity, contribution, strict liability or otherwise and shall prevail over any conflicting terms, except to the extent that such terms further restrict INFINITI’s liability. The provisions of this section and other sections and paragraphs of these terms and conditions providing for limitation of or protection against liability shall also protect INFINITI’s subcontractors and agents and shall apply to the full extent permitted by law and regardless of fault and shall survive either termination pursuant to these terms and conditions or cancellation, as well as the delivery of products hereunder. With respect to any non-warranty claim (other than a billing dispute for which a claim must be made within six (6) months of the applicable invoice date as provided in the section entitled “Additional Payment Terms”) Buyer expressly waives all applicable statutes of limitations and agrees that any legal proceeding for any breach of these terms and conditions shall be waived by it unless filed within one (1) year after delivery of a product to Buyer.

Indemnity. To the fullest extent permitted by law, Buyer will indemnify, defend, and hold harmless INFINITI, including INFINITI’s officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and assigns, from and against any claim, demand, cause of action, debt, liability, loss, fine, damage, or expense (including reasonable attorneys’ or legal fees, expenses, and court costs) (collectively, “Liabilities”) that relates to: (i) Buyer’s modification of or addition to any product(s); (ii) Buyer’s breach of these terms and conditions or the particular purchase terms; (iii) Buyer’s gross negligence or willful misconduct; or (iv) damage to a third party by any products distributed or resold by Buyer to the extent such claim is based on (a) Buyer’s modification of or addition to the products, misuse or abuse of the products, or breach of any provision in these terms and conditions or the particular purchase terms; (b) Buyer’s failure to abide by all applicable laws, rules, regulations, and orders that affect the products; (c) Buyer’s gross negligence or willful misconduct; or (d) intentional harm to any person or property caused by Buyer. This indemnity does not cover any claim that is solely and directly caused by INFINITI’s gross negligence or willful misconduct.

Force Majeure. INFINITI shall not be liable for damage or loss occurring as a result of any delay or failure of performance due to any causes beyond INFINITI’s control, including, without limitation, any act of God or a third party, act of Buyer or any of its representatives or agents, embargo or other act of government including acts of regulatory agencies or judicial bodies, governmental regulation or order, fire, flood, freezing, storm, accident, explosion, strike, slow down, infringement claims, priorities, labor disturbance, war (whether declared or not), riot, terrorist activities, delay or problems in transportation, inability to obtain or shortages of labor, materials or fuel, or manufacturing facility problems or any other circumstance whether similar or dissimilar to the foregoing. In the event of such delay or failure, the date of delivery shall be extended for a period equal to the time lost by reason of such delay or failure. In no event shall the obligation of Buyer to pay for delivered products be suspended. In addition, if due to any such delay or failure, INFINITI is unable to produce sufficient products to meet all demands from customers and internal users, INFINITI shall have the right to allocate production among its customers (including internal users) in any manner that INFINITI deems reasonable without liability to Buyer. INFINITI reserves the right from time to time to substitute a product with a product that has the same function as such product, or to delete a product.

Product Usage. Buyer may not change, adulterate, obscure, remove or deface trademarks, trade names or labels appearing on any product. Any knowledge or information that Buyer may disclose to INFINITI shall not be deemed to be confidential or proprietary information, and shall be acquired by INFINITI free from any restriction. The sale of its products by INFINITI does not constitute a license, implied or otherwise, for the use of any patents or know-how of others, nor does it constitute a license, implied or otherwise, on patents or know-how of INFINITI, except to the extent that the intended use of such product by Buyer itself is covered by the claims of a INFINITI patent. Buyer shall purchase the products for its own use only, and shall not resell the products to any other party. Buyer represents that it has independently determined that the products it is purchasing from INFINITI are acceptable and clinically suitable for Buyer’s intended purposes. Buyer warrants that the products will be used solely for veterinary applications. Buyer shall not attempt to modify or re-engineer the products nor shall Buyer engage a third party to modify or re-engineer the products. All products must be properly stored in a dark, dry, cool location and not subjected to excessive heat, cold, moisture, or light. If a product is a sterile product, its sterility will be maintained only if the package is unopened and undamaged. Do not use any product if there is doubt as to whether the product is sterile. Reuse, reprocessing or resterilization may compromise the structural integrity of the product and/or lead to product failure, which in turn, may result in injury, illness, or death. Reuse, reprocessing or resterilization of a product may also create a risk of contamination of the product and/or cause infection or cross-infection, including, but not limited to, the transmission of infectious disease(s). A contaminated product may lead to injury, illness or death.

General. These terms and conditions bind Buyer and its successors and assigns. Additional special terms and conditions of INFINITI may be applicable with respect to certain products. INFINITI’s failure or delay to exercise or enforce any of its rights under these terms and conditions shall not constitute or be deemed to be a waiver of such rights or forfeiture of such rights, and INFINITI may, at its option, from time to time, exercise any of its rights or remedies. No provision of these terms and conditions will be deemed to create a partnership, joint venture, or other combination between INFINITI and Buyer. Buyer and INFINITI are independent contractors. Neither party will make any warranties or representations or assume any obligations on the other party’s behalf. Neither party is or will claim to be a legal representative, partner, agent, or employee of the other party. Each party is responsible for the direction and compensation, and is liable for the actions of, its employees and subcontractors. No waiver of any provision hereof will be effective unless in writing and signed by an authorized representative of the waiving party. Any waiver will be limited to the circumstance or event specifically referenced in the written waiver document and will not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any recurrence thereof. The failure of either party to enforce any provision of this Agreement at any time will not be construed to be a waiver of such provision nor of the right of such party thereafter to enforce such provision. If any provision of this Agreement is held to be invalid or unenforceable in any respect, the remaining terms and conditions of this Agreement will remain in full force and effect as if such invalid or unenforceable provision had not been included herein. Any action arising out of or relating to these terms and conditions or the sale or use of any Products shall be brought only in San Mateo County Superior Court or the United States District Court of California located in the Northern District of California. Buyer hereby consents to and waives any objection to venue and personal jurisdiction in any such action. These terms and conditions and the relations between Seller and Buyer shall be governed by the laws of the State of California without regard to conflict of law principles. If any claim cannot be settled amicably between the parties, that claim shall be tried by a court and not by a jury. Buyer expressly and unconditionally waives its right to a jury trial in any such claim.