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Terms and Conditions of Sales
These Terms and Conditions (“Agreement”) govern the sale of products and/or services by Titan Instruments Ltd. (“Titan Instruments”) to the customer (“Buyer”). By accepting delivery of any products or services from Titan Instruments, Buyer agrees to be bound by this Agreement. These terms supersede any inconsistent terms in Buyer documents, unless a separate written agreement is signed by both parties.
- Acceptance Buyer’s acceptance of products or services from Titan Instruments constitutes agreement to these Terms and Conditions. Any deviation from or addition to these terms by Buyer is not binding unless expressly agreed to in writing by Titan Instruments. Titan Instruments reserves the right to change these terms at its sole discretion, with or without notice.
- Products and Certification All products supplied by Titan Instruments are manufactured by Shipshape Instruments, which holds the CE certification. Products are intended for clinical and surgical use only.
- Pricing Prices are firm as stated in order confirmations. Titan Instruments may adjust prices in accordance with published list prices. Buyer is responsible for all applicable taxes and fees.
- Payment terms are net 30 days from invoice unless otherwise stated. Interest at 1.5% per month will apply to overdue balances. Titan Instruments reserves the right to suspend performance if payments are overdue and to recover all costs of collection, including legal fees.
- Shipment and Delivery All shipments are F.O.B. Titan Instruments’ London location. Shipping charges and insurance are added to the invoice. Risk of loss transfers to Buyer upon shipment. Delays in delivery shall not give rise to any liability for Titan Instruments.
- Returns Policy No returns are accepted without prior written authorization. Returns must:
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- Be made within 30 calendar days of the invoice date.
- Include an RGA (Returned Goods Authorization) number.
- Be in the original, unused, and unopened condition, identical to how they were delivered.
- Be shipped within 5 business days of receiving RGA.
Returns that do not meet these conditions will be rejected. Opened, used, or altered products are strictly non-returnable. Custom-made instruments are not eligible for return unless defective upon delivery. Return shipping is the responsibility of the Buyer. Titan Instruments reserves the right to apply restocking fees and price adjustments based on the condition of the returned items.
- Warranty Titan Instruments warrants that its products are free from material and workmanship defects for one (1) year from the delivery date. This warranty excludes damage caused by misuse, mishandling, improper sterilization, unauthorized modifications, or normal wear and tear. No other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose, are made.
- Limitation of Liability In no event shall Titan Instruments be liable for indirect, incidental, special, or consequential damages arising from the use of its products. Titan Instruments’ maximum liability is limited to the purchase price of the product. Buyer assumes full responsibility for the proper handling and use of the products.
- Product Use and Compliance Products are sold for professional use only. Buyer affirms they are qualified to use and store the instruments safely. Buyer agrees to comply with all applicable laws and regulations. Buyer shall indemnify and hold harmless Titan Instruments from any claims resulting from misuse or non-compliance.
- Force Majeure Titan Instruments shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, supply shortages, strikes, government actions, or transport disruptions.
- Governing Law This Agreement shall be governed by the laws of the United Kingdom. Any disputes shall be resolved under the jurisdiction of the UK courts.
- Indemnification Buyer agrees to indemnify and hold harmless Titan Instruments from all claims, liabilities, and expenses, including legal fees, arising from Buyer’s breach of these terms or misuse of products.
- Custom-Made Instruments Custom-made instruments are non-cancellable and non-returnable, except for manufacturing defects. Any deviation from Buyer specifications is subject to Titan Instruments’ evaluation. Buyer assumes responsibility for design liability and compliance with third-party rights.
- Loss or Damage in Buyer’s Possession Once delivered, Buyer is responsible for the proper storage and safeguarding of the instruments. Buyer is liable for any lost, damaged, or mishandled items.
By placing an order with Titan Instruments, Buyer acknowledges and agrees to these revised Terms and Conditions.
