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Terms & Conditions

1. GENERAL TERMS AND CONDITIONS

The following terms and conditions apply to purchase and sale transactions (Orders) between Infinator Pvt Ltd ("Seller") and the Company ("Purchaser"), collectively referred to as "Parties." By issuing a Purchase Order to, or accepting an Order Acknowledgment from the Seller, for the Product defined within those documents, the Purchaser and Seller agree to the following:

2. PRODUCT WARRANTY AND NON-CONFIRMING PRODUCTS

A. Product Warranty: Products are subject to the Seller’s limited warranty in effect from time to time (the "Product Warranty"). The Seller warrants that all products sold will meet the specifications agreed upon at the time of the transaction. This warranty is valid for the product's shelf-life or best-buy date, provided the Purchaser has stored the products within the required parameters. The Seller is not liable for defects not outlined in the specifications at the time of the transaction or for subjective qualities that are not numerically definable. All products claimed to be defective must be made available to the Seller for inspection and possible replacement at the Purchaser’s cost. The Seller reserves the right to offer an allowance instead of returns. The Seller’s liability under its warranty is limited to the replacement of any defective products. The warranty does not cover defects caused by abuse, misuse, neglect, tampering, accident, or damage by the Purchaser or its agents. The warranty specifically excludes products damaged or abused during shipment arranged by the Purchaser, defects due to improper use, and products that have been tampered with or modified. The warranty is limited to the cost of the purchased item only.

B. Disclaimer of Warranties: Except as specifically provided in this section, the Seller makes no express warranties and disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose.

C. Limitation of Liability: The Seller’s sole liability for any product sold is limited to the replacement of such product or a refund of the purchase price, at the Seller’s discretion. The Seller will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages.

D. Third-Party Liability: The Seller is not liable for any claim arising from third-party actions, including failures to deliver the products or noncompliance with laws governing product safety and labeling. The Purchaser must look solely to the third party for any claims related to these issues.

3. PURCHASER'S OBLIGATION

4. CONFIDENTIAL INFORMATION AND COMPETITION

The Purchaser shall:

  • Inspect all products within 48 hours of receipt and notify the Seller immediately of any perceived defects.

  • Not use the product without fully inspecting it according to Good Manufacturing Practices (GMP).

  • Document and report any visibly damaged products upon receipt, providing photos to the Seller the same day.

  • Not engage in unfair practices or make false or misleading statements about the Seller or its products.

  • Assume and pay all costs incurred in performing its duties under this agreement.

  • Comply with the Seller’s terms of sale.

  • Notify the Seller promptly of any suspected infringement, pending or threatened litigation, or product liability claims.

  • Conduct its activities in strict compliance with all applicable laws and regulations.

The Purchaser acknowledges that it will have access to the Seller’s proprietary and confidential information ("Confidential Information"). The Purchaser agrees not to use, disclose, or communicate any Confidential Information except as necessary to perform its obligations under this agreement. Confidential Information excludes information that is public or becomes public without breach by the Purchaser. All Confidential Information remains the exclusive property of the Seller and must be returned upon request or termination of the agreement. The Purchaser agrees that any breach of this section will result in irreparable harm to the Seller, entitling the Seller to seek injunctive relief.

During the term of this agreement, the Purchaser will not directly or indirectly sell or distribute any goods comparable or competitive with the Seller’s products.

5. INDEMNIFICATION

The Parties agree to defend, indemnify, and hold each other harmless from any claims, liabilities, losses, damages, costs, and expenses (including attorney’s fees) arising from acts, omissions, or breaches of this agreement.

6. PAYMENT TERMS

Payment terms are set forth in the Order Acknowledgment. The Seller may impose a late charge of 1.5% per month or the highest rate allowed by law on overdue amounts. The Seller is entitled to all costs incurred in collecting overdue amounts, including attorney’s fees.

7. SHIPPING AND OWNERSHIP

The responsibilities for products in transit are defined by the Incoterm listed in the Order Acknowledgment. The Seller will attempt to make products available as per the order but is not responsible for delays. The Purchaser cannot refuse deliveries due to delays.

8. COMPLIANCE WITH LAWS

The Purchaser shall comply with all applicable laws and regulations, including the Foreign Corrupt Practices Act, and will not offer payments to foreign officials.

9. ASSIGNMENT

The Purchaser may not assign this agreement without the Seller’s prior written consent.

10. FORCE MAJEURE

Neither party is liable for nonperformance due to events beyond their control, such as natural disasters, war, government regulations, labor disputes, or other unforeseen events. The affected party must notify the other party immediately and take reasonable steps to resume performance as soon as possible.

11. CONFLICTS BETWEEN AGREEMENTS

These terms and conditions prevail over any conflicting terms in purchase orders, sales acknowledgments, or other documents related to the purchase and sale of products.

12. NOTICES

Notices or communications required under this agreement must be in writing and will be effective upon personal delivery, or three days after being sent by an internationally recognized delivery service.

Contact Information: Infinator Pvt Ltd C8, Madhuram Estate, Nr. Vishala Estate, Odhav, Ahmedabad 382415, India Email: info@infinator.com

If you have any questions about these Terms and Conditions, please contact us at info@infinator.com.

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