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Terms & Conditions of Sales
1. Acceptance and Cancellation of orders

Any contract for the sale of goods made between Buyer and Seller maybe cancelled by Buyer only upon the advance written consent of Seller (which it may withhold at its sole discretion). As a condition to receiving Seller’s written consent, Buyer shall pay all reasonable cancellation and restocking charges incurred by Seller due to Buyer’s cancellation of the order. Special orders for items not normally stocked by Seller are non-cancelable and non-refundable.

2. Delivery

All prices quoted and goods shipped are Ex-works Seller’s place of shipment. Title to and risk of loss of all goods shall pass to Buyer when the goods are placed by Seller in possession of a common carrier selected by Seller for shipment to Buyer. Unless expressly provided otherwise on the contract, Buyer shall pay all freight, handling, delivery custom duties, VAT, insurance and any other associated costs for the shipment of goods. Seller may refuse or delay any shipment if Buyer fails to satisfy or fulfill any contractual obligations to Seller, whether pursuant to this contract or any other contract between Seller and Buyer. Seller may deliver all goods covered by this contract at one time or portions, from time to time, within the time allotted for delivery as provided in the order.

3. Force Majeure

Seller is excused from performance of any obligations and shall not be liable for delays in delivery or for failure to perform if its failure or delay of performance is caused by events or conditions beyond Seller’s reasonable control including without limitation, acts of God, acts of a public enemy, quarantine restrictions, expropriation or confiscation of facilities, compliance with any order of any governmental authority, industrial disturbances, blockades, insurrections, arrest and restraint of people or rulers, civil disturbance, boycotts, acts or omissions of Buyer or civil or military authorities, fire, strike, lock-outs, landslide, lightning, wash-outs, tornadoes, hurricanes, windstorms, explosions, epidemic, flood, storm, earthquake, riot, war, breakage or accident of machinery or equipment, delays in transportation, or inability to obtain necessary labor, materials, or supplies. In the event of any delay, the contractual date of delivery, if any, shall be extended for a period equal to the time lost as a consequence of the delay without penalty to Seller.

4. Payment Terms
  • Buyer shall pay for the goods in full, without offset or deduction, within the time frame and in the manner set forth on the contract. For those sales that do not require payment in advance of or upon delivery, if payment is not received by Seller within the period set forth on the contract, Buyer shall pay Seller on demand a late charge of 1.5% per month of the unpaid balance or the maximum rate of interest allowed by law, whichever is less. Time is of the essence with respect to Buyer’s obligation to pay all invoices, in full in a timely manner.
  • All checks are accepted subject to collection. Seller may offset against any payment hereunder any amount owed to Seller by Buyer. Whether under this or any other contract between Buyer and Seller. Acceptance of any partial payment shall not constitute waiver of Seller’s right to payment in full of all amounts owed from Buyer to Seller.
  • Buyer hereby grants to Seller a security interest in the goods-shipped pursuant to this contract including all accessions to and replacements of the goods and the proceeds thereof, to secure the due and punctual payment of the purchase price of the goods and all other amounts owed hereunder. Buyer shall execute and deliver to Seller any additional documents, instructions, financing, statements or amendments that Seller deems necessary or advisable to maintain, continue and perfect the security interest created.
5. Limited Warranty
  • Subject to Section 6, seller warrants that it has title to the goods and that the goods generally conform to the descriptions, if any, on the contract. The term manufacturer (MFR) refers to the original manufacturer of the product when identified. The term condition (Cond) refers to the condition of the product. Each product is new (Unused) when identified as AO. Product identified as A1 may or may not be new, may not be reconditioned, may or may not have retinned leads, may or may not have been cleaned, and may or may not have straightened leads. Product identified as A2 is the same as product identified as A1, but has been tested. The foregoing warranties are seller’s exclusive warranties, and the goods sold under this agreement are sold "as is" and "with all faults." Except as otherwise expressly provided herein, seller makes no representation or warranty of any kind, either express or implied, as to any matter whatsoever relating to the goods, including without limitation the design and condition of the goods or their quality, capacity, suitability, construction, performance, merchantability, or fitness for any particular purpose. Buyer agrees to look solely to the manufacturer for compliance with the manufacturer’s warranty and for any maintenance, support or repair of the goods. Seller assigns to Buyer any Warranty delivered to Seller by a manufacturer or other vendor to the extent the assignment is permitted by the terms thereof. Seller makes no representation, covenant, or warranty with respect to the extent or enforceability of the manufacturer’s warranty. No repair or replacement of goods by Seller or manufacturer shall extend that warranty period of the manufacturer. Seller neither assumes nor authorizes Buyer or any other person to assume on behalf of Seller any other liabilities in connection with the use, sale, or resale of the goods.
  • Important Note: Obsolete & vintage components that have been stored for a long time, may show slight signs of age and possibly slight traces of oxidisation. We will, therefore, only supply these parts on the condition, that no rejection will be accepted on visual inspection. Rejection will be accepted only on the basis of third party electrical test report. These parts are new and unused, and their cosmetic condition is commensurate with their age.
6. Limitation of Liability
  • All sales are limited to a 5-day visual inspection for tarnish, corrosion, bent leads, etc.
  • Within 30 days after receipt of each shipment of goods, Buyer shall have the right to examine and test the goods to determine if there is any damage, defect, or shortage. All claims for any damages, defects, or shortage, or for any cause whatsoever (whether the claim is based in contract, negligence, strict liability other tort, or otherwise) shall be deemed "waived" unless made in writing and received by Seller within 30 days after Buyer’ receipt of the goods, or if the claim is for non-delivery of goods, within 30 days after the date the goods were to be delivered. Provided, however, that any claim not reasonably discoverable within that 30-day period (including a claim discoverable only in processing, further manufacture, other use, or resale) must be made in writing and received by Seller within 30 days of Buyer’s receipt of the goods, or within 30 days after Buyer learns of the facts giving rise to the claim, whichever occurs first. Failure of Seller to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of the claim regardless of whether the fact given rise to the claim shall have then been discovered or whether processing, further manufacturer, or the use, or resale of goods shall have then taken place.
  • Buyer’s exclusive remedy shall be for cost of goods or services supplied by seller and seller’s total liability for any and all losses and damages arising out of any claim whatsoever (whether the claim is based on breach of warranty, breach of contract, negligence, strict liability, or any other legal theory) shall in no event exceed the purchase price of the goods in respect to which the claim arises or, at seller’s option, the repair or replacement of the goods. In no event shall seller be liable for any direct, indirect, special, incidental, consequential, or punitive damages resulting from any claim (including, without limitation, loss of profits, business losses, damage to property, or any liability of buyer to its customers or third parties). In no event is Seller liable to Buyer or any third party for any liability, claims, obligations, damages, costs, or expenses, including without limitation, any direct, indirect, special, incidental, or consequential damages (including lost profits, business losses, personal property damage, personal injury, and death) arising out of or relating to the sale of goods by Seller to Buyer or any related services provided to Buyer. Seller is not liable for, and Buyer assumes full liability for, all personal injury and property damage connected with the handling, transportation, possession, processing, repackaging, further manufacture, or resale of goods, whether the goods are used alone or in combination with any other material.
  • Goods sold by Seller are not authorized to be used in life support equipment or for applications in which the failure or malfunction of the goods would create a situation in which personal injury or death could occur. Any such use or sale of goods sold by Seller is at the sole risk of Buyer, and Buyer agrees to indemnity and defends Seller against, and hold Seller harmless from all damages and costs arising out of such use or sale.
7. Returns

Buyer may return to Seller any goods that are damaged or defective by obtaining a Return Material Authorization ("RMA") from Seller within 30 days of receipt of the goods. Buyer must return to Seller the damaged or defective goods within the period set forth in the RMA. The RMA number must be listed on all packaging containing goods returned to Seller. If Buyer does not request from Seller an RMA within 30 days, of receiving the goods to be returned, or requests an RMA for goods that are not damaged or defective, Seller may, at its sole discretion refuse to issue an RMA for return of the goods or may require that Buyer pay to Seller a reasonable restocking fee as a condition of issuing to buyer the RMA.

8. Seller’s right to Increase Prices

Seller reserves the right to increase the price of the goods covered by this contract to reflect any increase in Seller’s cost for those goods caused by an increase in the price changed by Seller’s supplier. Buyer agrees to pay to Seller any such increase in price according to the terms of the contract.

9. Taxes

Seller’s prices do not include sales, use, excise or other similar taxes. Accordingly, Buyer shall pay, in addition to the prices specified by Seller, all local, state and federal taxes, including all sales, use, excise, or other similar tax, payable with respect to the goods or the transactions contemplated therein, or alternately, provide Seller with tax exemption certificates acceptable to the applicable taxing authorities.

10. Intellectual Property

Seller disclaims any warranty against infringement with respect to the goods sold pursuant to the contract, and the packaging relating to such goods, seller is not liable with respect to any actions or alleged infringement of any United States or foreign patent. This includes trademark, copyright, mask, work right, trade dress, trade secret, or similar proprietary rights.

11. Installation

Buyer is solely responsible for the installation and operation of goods, including without limitation, obtaining all permits, licenses or certificates required for the installation or use of the goods.

12. Technical Advice and Date

Any technical advice offered or given in connection with the use of any goods is an accommodation to Buyer without charge, and Seller is not liable or responsible whatsoever for the content or use of that advice. Without Seller’s prior written consent, Buyer shall not use, duplicate, or disclose any technical data delivered or disclosed by Seller to Buyer for any purpose other than for installation, operation or maintenance of the goods purchased by Buyer from Seller.

13. Breach

In the event of breach by Buyer, the Seller has all the remedies provide under the Mumbai Jurisdiction, which shall be cumulative with one another and with any other remedies that Seller might have at law, in equity, under any agreement of any type or, without limitation, otherwise. The waiver by Seller of any breach thereof or default in any payment shall not constitute a waiver of any succeeding breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of the remedy at another time or any other remedy at any other time. No action regardless of type arising out of, or in any way connected with the goods furnished or services rendered by Seller to Buyer, may be brought by Buyer more than one year after the cause of action has accrued. Buyer shall pay to Seller on demand all costs incurred by Seller in enforcing prosecuting, or defending any provision of the contract. For purposes of this contract, "costs" means the fees, costs and expenses of experts, attorneys, mediators, witnesses, arbitrators, collections agents, and supersedes, bonds, whether incurred before or after demand or commencement of legal proceedings and whether incurred pursuant to trial, appellate, mediation, bankruptcy, arbitration, administrative, or judgements execution proceedings.

14. Integration and Assignment

This contract records the final, complete and exclusive agreement between the parties with regard to the subjects addressed in it and supersedes any and all prior or contemporaneous oral or written agreements between them regarding the same. No course of prior dealings between the parties and no usage of the trade is relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract is not relevant, to determining the meaning of this contract even though the accepting or acquiescing party had knowledge of the nature of performance and opportunity for objection. An amendment or modification of this contract will be valid and effective only if it is in writing and signed by both the Buyer and Seller. Any assignment by Buyer of this contract or any rights in it, without Seller’s advance written consent, shall be void.

15. Buyer’s Terms and Conditions

Goods furnished and services rendered by Seller to Buyer are sold only on the terms and conditions stated herein. Notwithstanding any terms or conditions on any document of Buyer, the information and conditions on this document are controlling over Buyer and Seller. Any different or additional terms or conditions contained on Buyer’s purchase order, invoice, confirmations, or any other buyer generated document are specifically objected to by Seller. Seller’s performance of any contract is expressly made conditional on Buyer’s agreement to Seller’s terms and conditions contained in this contract. Commencement of performance or delivery shall be for Buyer’s convenience only and shall not constitute acceptance by Seller of Buyer’s terms and conditions. If a contract is not earlier formed by mutual agreement between Buyer and Seller, acceptance of any goods or services by Buyer shall constitute acceptance by Buyer of the terms and conditions stated herein.

16. Legal Proceedings

The validity, enforcement, construction and interpretation of this contract are governed by the laws of the State of Maharashtra and the federal laws of the Republic of India, excluding the laws of those jurisdictions pertaining to the resolution of conflicts with laws of other jurisdictions. The parties expressly exclude the applicability of the United Nations Convention on contracts for the international Sale of Goods. Seller and buyer

  • consent to the personal jurisdiction of the State and Federal courts having jurisdiction over Mumbai, India,
  • stipulate that the proper, exclusive, and convenient venues for all legal proceedings arising out of this contract are the appropriate State and Federal courts located in the Mumbai area, India, with respect to such matters.
  • waive any defense. Whether asserted by motion or pleading, that Mumbai, India, is an improper or inconvenient venue.
17. General

All agreements, covenants, conditions and provisions contained herein shall apply to and bind the assignees and successors in interest of Buyer. If any provision will be considered separable from the remaining provisions of this contract, will be reformed and enforced to this contract. The captions used herein are for the convenience of the parties only and shall not affect the constructions or interpretations hereof. Nothing in this contract, whether express or implied is intended or should be construed to confer upon, or grant to any persons except Buyer and Seller, any claim right or remedy under it.

Terms & Conditions for Purchase Orders
1. Acceptance of Purchase Orders
  • All purchase order confirmations are not effective until Infinite Electronics LLP receives a copy within 24hours of placement of purchase order, executed by an authorized representative of Seller acknowledging the following terms and conditions, which are binding notwithstanding any conflict with any terms or conditions in any prior or later communications with Seller.
  • All goods purchased and delivered must be new & in the original, factory-sealed container and must include a minimum of 1 year warranty.
  • Infinite Electronics LLP must be notified of any changes to either product or process definition, changes of suppliers, change of facility location, and if Infinite Electronics LLP requires, obtain approval from Infinite Electronics LLP prior to implementing any changes.
  • The supplier must accept all flow down requirements determined by Infinite Electronics LLP. The supplier must then flow down Infinite Electronics LLP-determined requirements to their own supply chain.
  • The supplier must be certified or compliant to a quality management system standard, or must incorporate elements of a quality management system relevant to their business model.
2. Packaging
  • "Infinite Electronics LLP’s Supplier" to ensure that the volumetric weight of each and every carton is less than the actual weight of the carton. The formula for volumetric weight calculation is Volumetric Wt (kgs) = Length (cms) x Breadth (cms) x Height (cms) / 5000
  • In case the volumetric weight is more than the actual weight of the cartons, prior written permission to be taken from Infinite Electronics LLP before shipping.
  • Shipments where volumetric weight is more than the actual weight of the shipment and is shipped without written consent of Infinite Electronics LLP, the excess freight charged due to difference in actual weight and volumetric weight will be deducted from "Infinite Electronics LLP’s Supplier’s" current or future payments.
  • As per Indian Customs Regulation, Packing List (Format) is must with every shipment.
  • Parts to be packed in small cartons weighing maximum 70lbs each.
  • Weights and Dimensions of each and every box to be intimated and written approval to be taken from Infinite Electronics LLP before shipment.
  • Goods are not to be palletized under any circumstances.
  • All cartons to be shipped under a single AWB only.
3. Receiving & Inspection
  • Parts must be in original tubes/reels/packaging, with no bent, clipped, tarnished or pre-performed leads and no board or socket pulls. Date codes must be within one year, unless specified otherwise. The purchase order number must appear on all correspondence, invoices, packages, and shipping documents.
  • Prior approval to be taken from Infinite Electronics LLP if any of the SMD parts are in tube packing.
  • Prior approval to be taken from Infinite Electronics LLP if any of the parts are in Bulk packing.
  • Prior approval to be taken from Infinite Electronics LLP if any of the line item is with more than two lot/batch/date codes.
  • Parts received must not be House Marked, Programmed or with Test Dots.
  • Parts received must be new, unused, and original, and must pass QC inspection conducted by Infinite Electronics LLP. Any resulting discrepancies identified through the QC inspection will be returned based on the Inspection Discrepancy Report. Parts will undergo additional testing if required. If any questionable or suspect details identified in the testing process, Infinite Electronics LLP reserves the right to return parts as dictated by the warranty section of these terms and conditions.
  • If parts are found to be non-conforming by the supplier prior to shipment, Infinite Electronics LLP must be notified of the non-conforming product and the supplier must obtain approval from Infinite Electronics LLP regarding non-conforming product disposition.
  • Parts not complying with these requirements are subject to cancellation or return by Infinite Electronics LLP. Infinite Electronics LLP reserves the right to return defective parts. Infinite Electronics LLP has the right to return any product within 30 days, for any reason unless Seller designates the order as NCNR (non-cancelable, non-returnable), special order, or non-returnable at the time of sale. Seller waives the right to cure a non-conforming delivery. All products will be returned under the same terms under which it was purchased.
4. Delivery
  • Parts not delivered by 2:00pm, on the date specified above are subject to cancellation or return at Infinite Electronics LLP’s discretion. All pre-paid funds are to be returned to Infinite Electronics LLP within 48 hours of notice by Infinite Electronics LLP of its intent to cancel or return the parts. Seller is responsible for all damages caused by its failure to deliver by the above delivery date or return Infinite Electronics LLP’s funds in a timely matter, including lost profit and reasonable attorney’s fees and costs incurred in collecting such damages. Infinite Electronics LLP will pay no charge for special packaging, packaging or boxing unless specified herein.
  • Damage to goods not packed to insure proper protection in transit or excess transportation charges caused by shipment not being made in accordance with this purchase order confirmation, will be deducted from current or future payments.
  • Infinite Electronics LLP must be notified prior to shipment of all orders weighing 25lbs/11kg or greater.
5. Customs

Please do not declare value for carriage through carriers, otherwise these charges will be deducted from current or future payments. All shipments are covered by Infinite Electronics LLP’s insurance.

6. Records
  • The supplier is required to retain records of all transactions and product information for a minimum of five (5) years or as required by applicable statutory and regulatory requirements
  • By accepting the purchase order, the supplier agrees to give Infinite Electronics LLP, our customer and regulatory authorities, right of access to applicable areas of all facilities, at all levels of the supply chain, involved in the order, and to all applicable records.
7. Returns
  • All remarked, damaged, oxidized, or missing parts must be replaced by return and refund OR replacement parts with written notice for replacement within 30 days of warranty terms.
  • It is the policy of Infinite Electronics LLP Corporation to return products on the same terms of the initial purchase.
  • In the event of a return caused by the supplier, it is agreed and confirmed that supplier will accept the same terms and also liable to all incoming and outgoing related costs.
8. Failure to comply with any of the conditions mentioned on this page will result in differential charges deducted from the current or future payment of "Infinite Electronics LLP’s Supplier".

Terms & Conditions for Supplier regarding Fraudulent/Counterfeit Part Avoidance
1. For Independent Suppliers

By accepting "Infinite Electronics LLP’s" purchase order, "Infinite Electronics LLP’s supplier" (i.e. the entity selling product to Infinite Electronics LLP) agrees to providing "Infinite Electronics LLP" with only new and authentic products. "Infinite Electronics LLP’s supplier" agrees to purchase parts directly from the Original Component Manufacturer(s) (OCMs), OCM Authorized (Franchised) Distributor(s), or authorized Aftermarket Manufacturers or from Suppliers who obtain such parts exclusively from the OCM or their Authorized Suppliers with OCM traceability when possible. "Infinite Electronics LLP’s supplier" agrees to notify "Infinite Electronics LLP" in writing if supply of product was not provided by these sources. "Infinite Electronics LLP’s supplier" agrees to accept termination of the PO from "Infinite Electronics LLP" without penalties should "Infinite Electronics LLP" choose to do so on orders that do not have established and verifiable traceability

2. For Franchised Suppliers

By accepting "Infinite Electronics LLP’s" purchase order, "Infinite Electronics LLP’s Authorized (Franchised) Supplier" (i.e. the authorized entity selling product to Infinite Electronics LLP) covenants, warrants, and represents that it has effective contractual agreements in place with each manufacturer whose product(s) it is procuring to sell to "Infinite Electronics LLP"."Infinite Electronics LLP’s Authorized (Franchised) Supplier" further agrees to:

  • Only ship products to "Infinite Electronics LLP" that have been procured directly from the manufacturer.
  • Not ship products to "Infinite Electronics LLP" that has been procured from any other source without prior written consent from "Infinite Electronics LLP".
  • Be considered an unapproved Independent Distributor for Products procured from other sources.

Failure to obtain "Infinite Electronics LLP’s" prior written approval constitutes a material breach under the terms of this agreement. "Infinite Electronics LLP’s Authorized (Franchised) Supplier" will fully indemnify Infinite Electronics LLP from any and all claims, losses, and damages that result from said breach. "Infinite Electronics LLP" reserves the right to reject any and all requests for approval, and require additional verification and testing of products

3. For All Suppliers Distributors

By accepting "Infinite Electronics LLP" purchase order, all "Infinite Electronics LLP’s suppliers" (i.e. entities selling product to Infinite Electronics LLP) agrees to maintain a method of item traceability that ensures tracking of the supply chain back to the manufacturer of all Electrical, Electronic, and Electromechanical (EEE) parts being delivered for all orders. This traceability method shall clearly identify the name and location of all supply chain intermediaries from the manufacturer to the direct source of the product for Infinite Electronics LLP and shall include the manufacturer’s batch identification for the item(s) such as date codes, lot codes, serializations, or other batch identifications. This traceability requirement applies to new purchases of material, material in inventory and material transferred from "Infinite Electronics LLP’s supplier’s" other business units. If this traceability is unavailable or cannot be provided, "Infinite Electronics LLP’s supplier" must declare product as "not traceable" to "Infinite Electronics LLP" in writing. Product declared as "not traceable" by the supplier can be:

  • Rejected by "Infinite Electronics LLP": "Infinite Electronics LLP’s supplier" agrees to accept the rejection/cancellation without penalties regardless of whether the PO was issued by "Infinite Electronics LLP" and accepted by "Infinite Electronics LLP’s supplier", if the rejection/cancellation is a result of the product being "not traceable".
  • Approved by "Infinite Electronics LLP":

    • "Infinite Electronics LLP’s supplier" must receive the approval in writing from "Infinite Electronics LLP". Verbal or other non-written approvals are invalid and may result in rejection/cancellation at "Infinite Electronics LLP’s supplier’s" expense.
    • "Infinite Electronics LLP’s supplier" acknowledges that "not traceable" product will be subjected to, and governed by "Infinite Electronics LLP’s" escalation procedure defined below.

In the event "Infinite Electronics LLP’s supplier" considers product traceability information to be "intellectual property" and as a result, cannot disclose traceability information in its entirety, "Infinite Electronics LLP" may (at our discretion) choose to offer a NDA for full disclosure or accept a written guarantee from "Infinite Electronics LLP’s supplier" along with partial/masked traceability documentation. If "Infinite Electronics LLP’s supplier" can only provide partial/masked traceability documentation or a written guarantee of traceability due to "intellectual property" or other concerns (such as but not limited to existing NDAs between "Infinite Electronics LLP’s supplier" and their business partners), "Infinite Electronics LLP’s supplier" agrees to provide full disclosure of traceability, regardless of any active contracts or policies within "Infinite Electronics LLP’s supplier’s" organization, in the event the product’s quality and/or authenticity is questioned by "Infinite Electronics LLP’s" customer and/or business partners. If the product has been disclosed as "not traceable" in a written statement from "Infinite Electronics LLP’s supplier" and subsequently accepted by "Infinite Electronics LLP" as "not traceable", this clause shall not apply. In the event of civil or criminal proceedings processed through any Authority(ies) Having Jurisdiction, "Infinite Electronics LLP’s supplier" must supply all subpoenaed records even if the product was disclosed as "not traceable" to "Infinite Electronics LLP" by "Infinite Electronics LLP’s supplier" as required by law. If "Infinite Electronics LLP" chooses to accept a written guarantee with partial/masked traceability documentation, "Infinite Electronics LLP’s supplier" agrees to the terms of "Infinite Electronics LLP’s" escalation procedure defined below

Escalation Procedure

1. All products without full traceability will be inspected and/or tested to an escalated level as defined by "Infinite Electronics LLP’s" risk profile system. "Infinite Electronics LLP’s supplier" agrees to accept "Infinite Electronics LLP’s" findings as final and further agrees to not contest the results of the inspection and/or tests unless "Infinite Electronics LLP" declares products to be impounded. In the event product is impounded by "Infinite Electronics LLP", the terms and conditions defined in the "Product Impoundment and Financial Responsibility" section will prevail. By accepting "Infinite Electronics LLP’s" findings as final, "Infinite Electronics LLP’s supplier" agrees to accept return of product that is not fully traceable at Infinite Electronics LLP’s discretion, without contesting the request and without penalties applied (such as, but not limited to restocking fees)

Sub-Contractor Laboratory Terms & Conditions

1. All entities providing lab services for the purpose of determining and/or verifying the authenticity, functionality, reliability and/or viability of product (henceforth referred to as "Test Lab") for "Infinite Electronics LLP" agree to the following upon receipt and acceptance of a work order and/or purchase order from "Infinite Electronics LLP" with respect to suspect, fraudulent and/or counterfeit product.

  • The "Test Lab" must report to "Infinite Electronics LLP" any findings that identify product as suspect, fraudulent and/or counterfeit. The report must contain test methodology (i.e. test plan), criteria and equipment (with calibration records when required) used in addition to all standard information normally provided.
  • When measuring equipment is utilized by the "Test Lab", tolerances must be provided to "Infinite Electronics LLP".

When electrical test equipment is utilized by the "Test Lab", equipment specifications must be provided to determine the accuracy of the results in the test report

Product Impoundment & Financial Responsibility

If "Infinite Electronics LLP" impounds suspect, fraudulent and/or counterfeit product, the following terms and conditions apply.

1. Fraudulent/counterfeit parts have no value. For example, any Limitation of Warranties provision contained in the Supplier’s Terms and Conditions will be declared null and void if it is later determined that fraudulent/counterfeit parts or suspect fraudulent/counterfeit parts were received by "Infinite Electronics LLP" from "Infinite Electronics LLP’s supplier". "Infinite Electronics LLP’s supplier" and "Infinite Electronics LLP" hereby agree that fraudulent/counterfeit parts have no value and any contract documents establishing a transaction involving fraudulent/counterfeit parts shall be declared null and void.

2. "Infinite Electronics LLP’s supplier" has the right to agree with or verify "Infinite Electronics LLP’s" findings. "Infinite Electronics LLP’s supplier" and "Infinite Electronics LLP" hereby agree that if the OCM determines the suspect parts are authentic, then the decision is "final" and "Infinite Electronics LLP’s Supplier" and "Infinite Electronics LLP" hereby agree that if "Infinite Electronics LLP" or a testing laboratory chosen by "Infinite Electronics LLP" determines that the electronic parts supplied are suspect/fraudulent/counterfeit, then "Infinite Electronics LLP’s supplier" has the right to: (1) Agree with "Infinite Electronics LLP’s" findings and the transaction will be voided; or (2) Verify "Infinite Electronics LLP’s" findings by contracting with a "Infinite Electronics LLP" approved and "Infinite Electronics LLP’s supplier" recognized test laboratory (hereafter referred to as "Test Lab") for further verification.

3. "Infinite Electronics LLP’s" burden of proof.
  • Since any dispute between "Infinite Electronics LLP" and "Infinite Electronics LLP’s supplier" may be resolved in a civil proceeding whether in a court of law or in an arbitration, the appropriate burden of proof required for "Infinite Electronics LLP" to establish that the suspect parts are fraudulent/counterfeit shall be preponderance of the evidence, which means that "Infinite Electronics LLP" must establish that it is more likely than not that the suspect parts are fraudulent/counterfeit unless "Infinite Electronics LLP" is trying to establish fraud, which would then raise "Infinite Electronics LLP" burden of proof to a clear and convincing evidence standard. However, if for whatever reason, the issue of the authenticity of the suspect parts is raised during a criminal proceeding, then the burden of proof that the suspect parts are fraudulent/counterfeit shall be that the suspect parts are fraudulent/counterfeit beyond a reasonable doubt.
  • It is declared that "Infinite Electronics LLP", having the headquarters location in the state of Maharashtra, India, is operating under the jurisdiction of Indian federal and Maharashtra state authorities
  • It is agreed by "Infinite Electronics LLP’s supplier", where permissible by local laws and regulatory bodies of "Infinite Electronics LLP’s supplier’s" headquarters state/country/province location jurisdiction, that all arbitration and court proceedings will be held in India, under Indian federal jurisdiction and/or the state of Maharashtra as required by Indian law or at "Infinite Electronics LLP’s" discretion. If arbitration is necessary or chosen as the preferred method by "Infinite Electronics LLP", "Infinite Electronics LLP" shall select the arbiter without consent/approval from "Infinite Electronics LLP’s supplier" unless otherwise prohibited by the local laws and regulations of the home state/country/province of "Infinite Electronics LLP’s supplier’s" headquarters location
4. Product Confiscation/Destruction

If "Infinite Electronics LLP’s supplier" accepts "Infinite Electronics LLP’s" findings and chooses to immediately void the transaction, the suspect electronic parts will not be returned to "Infinite Electronics LLP’s supplier" unless and/or until an independent lab agreed to by both "Infinite Electronics LLP’s supplier" and "Infinite Electronics LLP" determines that the electronic parts are not suspect fraudulent/counterfeit or fraudulent/counterfeit. Under these circumstances, "Infinite Electronics LLP" shall retain possession of the suspect electronic parts for a time period at least as long as the applicable statute of limitations under the appropriate Authority(ies) Having Jurisdiction following the date upon which "Infinite Electronics LLP’s supplier" received notification from "Infinite Electronics LLP" that it was choosing to immediately void the transaction between them. Once this period has expired, then "Infinite Electronics LLP" shall have the absolute right to destroy the suspect electronic parts. If "Infinite Electronics LLP’s supplier" exercises its right to have an independent lab determine whether the suspect electronic parts are fraudulent/counterfeit and the lab verifies the findings that the subject electronic parts are either suspect fraudulent/counterfeit or fraudulent/counterfeit, then "Infinite Electronics LLP’s supplier" must issue an immediate refund of all monies paid by "Infinite Electronics LLP". If the suspect parts are determined to be suspect counterfeit, fraudulent or counterfeit by the independent test lab, then "Infinite Electronics LLP’s supplier" of those parts shall be required to pay for all charges issued by the testing lab. If, however, the suspect parts are determined not to be suspect counterfeit, fraudulent or counterfeit then "Infinite Electronics LLP" shall be required to pay all of the charges issued by the testing lab. "Infinite Electronics LLP" and "Infinite Electronics LLP’s supplier" agree that whether or not "Infinite Electronics LLP’s supplier" refunds all monies paid by "Infinite Electronics LLP", "Infinite Electronics LLP" shall have the absolute right to reacquire possession of the subject electronic parts from the lab in order to prevent the subject electronic parts from being offered for sale through any channels of distribution. In the event that "Infinite Electronics LLP’s supplier" pursues its Supplier, either in civil or criminal proceedings, "Infinite Electronics LLP’s supplier" shall have the right upon request to receive and use a mutually agreeable sample quantity of the parts sold for the purpose of pursuing its remedies. Upon completion of testing, samples will be returned to "Infinite Electronics LLP’s supplier" who will then return them to "Infinite Electronics LLP". "Infinite Electronics LLP" and "Infinite Electronics LLP’s supplier" agree that "Infinite Electronics LLP" shall have the right to destroy the suspect electronic parts after expiration of the applicable statute of limitations under the appropriate Authority(ies) Having Jurisdiction. Notwithstanding the above, if "Infinite Electronics LLP" and "Infinite Electronics LLP’s supplier" agree in writing that the parts can be immediately destroyed, the parts will be destroyed per their agreement so long as all civil or criminal actions, in which the suspect electronic parts are the subject of the action, have been completed.

Commitment to Ethics, Safety and Personnel Awareness

Infinite Electronics LLP is committed to upholding the highest standards of ethics and safety for our personnel and business partners. By accepting a purchase order from Infinite Electronics LLP, our suppliers and service partners agree to adhere to ethical and safety standards that are equivalent to the EICC RBA Code of Conduct. Safety considerations must address product, as well as personnel and environmental concerns. Infinite Electronics LLP requires our suppliers and service partners to make appropriate personnel aware of their direct contribution to product or service conformity, product, personnel and environment safety, and ethical behaviour. If it is determined by Infinite Electronics LLP that a supplier or service partner is not compliant to the requirements defined within this section, Infinite Electronics LLP shall reserve the right to suspend or permanently remove the entity from our approved list until the non-compliance is remedied.