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Terms & Conditions

Johnson & Johnson Surgical, Inc. Dba Instrument Repair Network


Surgical Instruments and Equipment Repair

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Service Terms

By submitting your goods to be sharpened, repaired, or any related service, you authorize Instrument Repair Network (hereby called, “IRN”) to perform such work on your goods. Estimates for services are subject to change. If after inspection, it is determined by IRN personnel that an instrument/tool requires additional service, the customer will be notified in writing of any additional costs associated with the changed scope of work, and upon receipt of the customer’s written approval, IRN will complete the required service. 

The customer will send only clean and sterilized instrument/tools to IRN for service. Customer to send all items in a puncture-proof package and send by a traceable shipping service, such as FedEx. Customer to provide IRN with the tracking number of the order via email when the order is shipped to ensure that it is tracked and prioritized to receive timely service. 

Shipping costs associated with sending, return shipment, and insurance of any instruments/tools or equipment sent to IRN for service will be paid by the customer. IRN will return/ship all items via FedEx or an equivalent shipping contractor. IRN is not responsible for delayed, lost, stolen, or damaged goods by the shipping company, or any damages that could have occurred by poor packaging by the customer. Customers using IRN’s Drop-off and Pick-up service, IRN is not responsible for items left unclaimed after 90 days. 

Price Policy

Prices are subject to change without notice. IRN strives to maintain stable pricing; however, reserves the right to make price adjustments in response to manufacturers’ price increases and, or market conditions. IRN and customer agree that the terms and conditions hereinafter set forth shall govern the relationship between IRN and the customer to the extent that the parties do not have a written agreement in effect that conflicts with such terms and conditions. Customer acknowledges and accepts all such terms and conditions by placing an order for goods, and or services with IRN, and upon IRN’s delivery of the order to the customer. 

Payment Terms

 Invoice payment in full is due upon receipt unless otherwise agreed upon by IRN. IRN may charge an additional fee of 1.5% per month (18% per annum) or the maximum rate allowed by law, whichever is less, to late payments. All payments made by credit card will be subject to the applicable credit card service charge. On five days’ notice to customer, IRN may suspend performance of Services for non-payment until a reasonable time after the non-payment is cured. There is no right of off set, and customer will take no deductions, unless authorized to do so by IRN through issuance of a credit memorandum. Customer will give IRN written notice of any incorrect charges within 90 days of the IRN invoice to which the claim relates. After 90 days, the originally invoiced amount will be considered to be correct. 

Disclaimer of Warranties and Liability Limitation

IRN is not a manufacturer of instruments/tools or equipment and disclaims all warranties. Customer’s sole remedy for breach of a manufacturer’s warranty is against the manufacturer. IRN makes absolutely no warranties of any kind whatsoever, expressed, or implied, with respect to the quality, condition or performance of equipment or patent infringement, including, without limitation, any warranty of merchantability or fitness for a particular purpose or arising from a common basis of understanding, law, usage, or trade practice. Under no circumstances shall IRN be subject to any consequential, incidental, indirect, special, punitive, or contingent damages whatsoever with respect to claims made under this agreement or by any consumer or other user of instruments, equipment, or supplies. Equipment and supplies are sold “as is.” IRN’s liability, at IRN’s option, is limited to reperformance of the services or a refund of the service fee paid by customer to IRN. This disclaimer of liability for all damages will not be affected if any remedy provided herein shall fail of its essential purpose. 

Indemnification

Customer will retain ownership of instruments/tools equipment and customer assumes the entire risk of loss, theft, and damage to all Equipment from any cause. Customer will insure instruments/tools and equipment against loss, theft, and damage in an amount sufficient to cover the value of equipment. Customer will indemnify, hold harmless and defend IRN, from and against any and all third-party claims, actions, suits, proceedings, liabilities, costs, and expenses, including attorneys’ fees, arising out of or resulting from instrument/tool or equipment damage or loss while in transport to or from customer location. Customer agrees to defend, indemnify, and hold harmless IRN and its affiliates, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages, and expenses, including without limitation attorneys' fees and costs that arise from transportation, handling, and the use or misuse of the instruments and equipment serviced. Customer acknowledges that there are multiple sources that can introduce contamination and customer assumes full and sole responsibility for ensuring that customer’s facility and medical equipment (including without limitation the Equipment and Devices) are free from contaminates. Customer will indemnify, hold harmless and defend IRN, from and against any and all claims, actions, suits, proceedings, liabilities, costs, and expenses, including attorneys’ fees, arising out of, or resulting from bodily injury, property damage or loss of property to the extent arising from any such contamination, the Infection Control Processes, this Agreement and/or the negligence or willful misconduct of customer. 

Terms and Conditions are subject to change at any time.


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