Terms and Conditions of Sale

Rev. PI3-1026 · Effective October 16, 2026

These Terms and Conditions of Sale apply to every purchase made by the Buyer, whether by telephone or online, and are printed with each Invoice. Titan Implants may modify them at any time; the version in effect when an order is accepted governs that order.

To Place an Order

How to order. Call Customer Service at 1-201-439-0470 or order through your online account at titanimplants.com. Have your customer number, catalog numbers and quantities ready.

Shipping times. All shipments are sent via FedEx. Ground and Express orders placed by 4:00 PM ET on a business day ship the same day, subject to stock. Orders placed after 4:00 PM ET ship the next business day, and orders placed after 4:00 PM ET on Friday begin processing the following Monday. Delivery times exclude Sundays and national holidays. For online orders placed after 4:00 PM ET, allow one additional day for delivery, regardless of shipping method.

Shipping charges. Titan Implants prepays shipping and adds the charge to the Invoice, except on orders that qualify for free shipping. Additional charges may apply to Hawaii, Alaska and FedEx extended service areas.

Shipping address. You must provide a correct and current shipping address. Titan Implants is not responsible for delivery failures caused by an incorrect or outdated address, and you are responsible for any resulting charges. If the carrier returns a package for any reason that is not Titan Implants' fault, you are responsible for the additional shipping cost.

Stock. We will contact you by email or telephone if an item you ordered is not in stock.

1. Definitions

In these Terms and Conditions of Sale:

• "Seller" means Titan Implants, Inc.
• "Buyer" means the entity purchasing the Goods, including any successors.
• "Goods" means the goods, products and materials manufactured, imported, supplied and/or delivered by or for Seller to Buyer, as approved by Seller in reply to Buyer's order.
• "Contract" means the contract for the supply of Goods ordered by Buyer and specified in Seller's Invoice and/or Order Confirmation. The Contract is concluded on these Terms and Conditions of Sale unless the Order Confirmation specifies otherwise.

2. Payment

Payment for Goods is due on or before the delivery date, and no discount may be taken unless shown on the Invoice. Payments received after the due date on the Invoice bear a service charge of 1.5% per month, or the maximum rate permitted by law if lower. All payments must be made in U.S. dollars.

3. Prices and Taxes

All prices are in U.S. dollars and are subject to change without prior notice. The price of an order is the price in effect when the order is accepted. Applicable sales and use taxes are added where required by law. Product availability is subject to change without prior notice.

4. Delivery and Risk of Loss

Delivery dates on the Invoice and/or Order Confirmation are subject to reasonable adjustment. All deliveries are made by FedEx, and the delivery cost is included in the Invoice as part of Buyer's cost.

Risk of loss passes to Buyer on delivery. Where delivery is delayed because of circumstances caused by or within Buyer's responsibility, risk of loss passes to Buyer when Seller notifies Buyer that the Goods are ready for dispatch, or when FedEx first attempts delivery at the address on the Invoice and/or Order Confirmation. Buyer pays all charges, expenses and taxes associated with delivery.

5. Warranty

This warranty is limited by and subject to Buyer's use and application of the Goods. UNLESS OTHERWISE RESTRICTED BY MANDATORY APPLICABLE LAW, THE WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, QUALITY AND FITNESS FOR USE AND FOR PURPOSE, ANY ADVICE AND RECOMMENDATION, AND ANY OBLIGATIONS OR LIABILITIES WHICH MAY BE IMPUTED TO SELLER, ANY AND ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED, DENIED AND EXCLUDED.

BUYER EXPRESSLY AGREES THAT NO WARRANTY THAT IS NOT SPECIFICALLY STATED IN THIS AGREEMENT WILL BE CLAIMED OR OTHERWISE RELIED UPON BY BUYER, BY ANYONE ACTING ON BUYER'S BEHALF, OR BY ANYONE DERIVING THE LEGALITY OF ITS CLAIM FROM BUYER, AND THAT ANY SUCH WARRANTY SHALL NOT BE VALID. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, USE OR HANDLING OF ANY GOODS SPECIFIED OR CONTEMPLATED BY THIS CONTRACT. NO WARRANTY IS MADE WITH RESPECT TO ANY GOODS THAT HAVE BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, IMPROPER CARE, IMPROPER STORAGE, IMPROPER INSTALLATION, IMPROPER MAINTENANCE, ABUSE OR MISUSE.

6. Claims and Liability

(a) Inspection and notice. Buyer must inspect the Goods on delivery. Unless Seller receives Buyer's written notice within 7 working days after delivery of any matter by reason of which the Goods are alleged not to conform to the Contract, including any incorrect item, shortage or shipping damage, the Goods are deemed and presumed to have been supplied, delivered and accepted in full conformity with the Contract. A defect that could not reasonably be discovered by inspecting the labeled packaging at delivery must be reported in writing within 7 working days after discovery, and in no event later than 6 months after delivery. Goods not reported within these periods are deemed accepted, and Buyer may neither reject them nor raise any claim for damages or other remedy for any alleged negligence, breach of warranty or breach of any condition.

(b) Conditions of claims. In any claim brought under the conditions above, Buyer must prove to Seller's satisfaction that it followed Seller's instructions for use, care, storage, maintenance, handling and application of the Goods. Buyer must first contact Seller to discuss the claim and must give Seller and Seller's agents and employees full access to inspect the Goods for the alleged defects within one week after the complaint is made.

(c) Exclusive remedy. Unless specifically restricted by mandatory applicable law, Seller's liability under any claim, whether based on negligence, contract or any other cause of action, is limited, at Seller's sole option, to: (i) replacement of the Goods or supply of equivalent goods; (ii) repair of the Goods, or payment of the cost of repair; or (iii) credit equal to the purchase price on Seller's Invoice, or equivalent goods of that value. Buyer acknowledges that this remedy replaces all other remedies available now or in the future, at law or in equity, for any loss or damage arising directly or indirectly from the purchase or use of the Goods, including actual or contingent damages, loss of production, loss of profit, loss of use, loss of contracts, or any other consequential or indirect loss, whether pecuniary or non-pecuniary.

(d) Indemnification. Buyer, for itself and for any party claiming under, through or independently of Buyer (including Buyer's employees, directors, officers, representatives, affiliates and personnel), shall indemnify and hold Seller harmless from and against any claim or liability for damages for negligence. This includes any claim in connection with the design, manufacture, use, care, storage, delivery, application or maintenance of any Goods sold under this Contract, whether alleged to have been committed by Seller or by any other person. This undertaking extends to Seller's successors and to Seller's affiliates, personnel, representatives, managers, directors and officers. Nothing in this Contract excludes or limits liability where it cannot be excluded or limited under applicable law, including for death, personal injury or fraudulent misrepresentation.

(e) No pass-through. All warranties, undertakings, guarantees and assurances given by Seller are limited to the Buyer named on the Invoice and/or Order Confirmation. They do not extend, directly or indirectly, expressly or impliedly, to any other person or entity, including any subsequent buyer or user, bailee, licensee, assignee, employee or agent of Buyer.

(f) Custom-made orders. All custom-made orders are Final Sale. The 30-day return policy does not apply, and custom-made orders cannot be cancelled once placed. Buyer is fully responsible for all custom-made orders, and Titan Implants bears no responsibility or liability for them.

7. Default

If Buyer fails to pay any amount due to Seller, breaches or anticipatorily breaches any Contract with Seller, becomes insolvent, calls a meeting of its creditors, makes an assignment for the benefit of creditors, or becomes subject to any bankruptcy, insolvency, reorganization or receivership proceeding, Seller may at its sole discretion, to the extent permitted by law:

1. cancel this and any other Contract with Buyer, without waiving any of Seller's rights to pursue any remedy against Buyer;
2. reclaim any Goods in Buyer's possession to which title has not passed, and enter Buyer's premises (or the premises of any associated company or agent where the Goods are located) to retake possession, without liability for trespass or alleged damage;
3. defer any shipment;
4. declare all of Buyer's outstanding invoices under this or any Contract immediately due and payable; and/or
5. sell all or part of the undelivered Goods, without notice, at public or private sale, with Buyer responsible for all costs of the sale and liable to Seller for any shortfall in the amounts due.

8. Order Cancellation

(a) All orders. To cancel an order, call Customer Service at (201) 439-0470 as soon as possible after placing it, Monday–Friday, 8:30 AM–5:00 PM ET. Cancellation requests must be received before 3:00 PM ET on the day the order is placed. Orders placed after 3:00 PM ET cannot be cancelled.

(b) Special and custom-made orders. Special orders and goods made to Buyer's specifications may not be cancelled once placed, except with Seller's prior written consent and on terms that compensate Seller for any resulting losses. Buyer assumes full responsibility for special and custom-made orders, and Titan Implants bears no responsibility or liability for them.

9. Return Policy

Authorization. To return an item, call Customer Service Monday–Friday, 8:30 AM–5:00 PM ET, or apply through your online account, to receive an Authorized Return Number (ARN). No return is accepted without an ARN. The ARN is valid for one week from its issue date, and the return must be shipped within that week.

Time limit and credit. Products must be returned or exchanged within 30 days of the Invoice date. Buyer may choose an exchange, store credit on Buyer's account, or a refund to the original method of payment. Credit is the purchase price less original shipping charges and handling costs. Exchanges and store credit carry no restocking fee; refunds are subject to a 25% restocking fee. If the order shipped free, the shipping cost for the method used (Ground, 2nd Day, etc.) is deducted. Products received more than 30 days after the Invoice date will not be credited, even with an ARN.

Condition. Products must be returned unopened, undamaged and in original, uncompromised condition, with no markings such as white-out, staples or ink. No product that has been used clinically will be accepted for return or exchange under any circumstances.

Final Sale. Final Sale items cannot be returned and are non-refundable. Final Sale applies to special-order, promotional-price and custom-made items.

Packing and shipping. Include a completed Return Form and a copy of the Invoice in the box, and display the ARN clearly on the outside of the shipping box. Ship in an appropriately sized box with protective packing, by a traceable carrier such as FedEx, UPS or DHL. Buyer is responsible for return shipping costs. Products damaged during return shipment will not be credited.

Refused packages. Online orders placed after 4:00 PM ET ship the next business day. If Buyer refuses a package because it arrived later than expected, Buyer is responsible for the return shipping cost and the original shipping cost.

Processing. Credit is issued within four to six weeks. Store credit is applied to Buyer's account and does not expire. Refunds are issued to the original method of payment; allow your financial institution an additional seven to ten business days to post the refund. Returns that do not meet these requirements will be sent back to Buyer.

Questions and changes. Return questions may be directed to Customer Service at (201) 439-0026. Titan Implants may modify or terminate this Return Policy at any time, in whole or in part. A modification or termination does not affect return rights for Products purchased before it takes effect.

10. International Buyers

Import duties, taxes and charges are separate from the item price and shipping costs, and are Buyer's responsibility. If Buyer refuses to accept a package, Buyer remains responsible for the return shipping charge and a 25% restocking fee, in addition to the original shipping charges. If the carrier returns a package for any reason that is not Seller's fault, Buyer is responsible for any additional shipping cost. Buyer is responsible for providing all required customs importer documentation and for all importer paperwork and filings.

11. Entire Agreement

This Contract, together with Seller's Terms of Use at titanimplants.com/terms-of-use, contains the entire terms and conditions for the sale of the Goods. If these terms conflict with any provision in the Invoice and/or Order Confirmation, the Invoice and/or Order Confirmation governs.

Subject to the foregoing, nothing in any other document, record or instrument relating to the sale of the Goods, including any purchase order, request or other standard or specific terms of any entity, shall be interpreted to impose on Seller or its affiliates or representatives (i) any liability, obligation, commitment or undertaking, or (ii) any waiver of any right, whether contractual, proprietary, in personam or equitable.

All intellectual property rights in the Goods, whether standard or made to a specific order, remain Seller's exclusive property at all times, notwithstanding any sale. Buyer shall not infringe, contest, dispute or question Seller's rights, patents, trademarks, titles or interests, or aid or allow others to do so, directly or indirectly.

No modification or waiver of any provision of this Contract is valid unless made in a written instrument signed in advance by Seller. No waiver by either party of any default by the other is a waiver of any later or other default.

12. Severability

If any provision of this Contract is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions remain in full force and effect.

13. Governing Law and Venue

This Contract is governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. Any legal action or proceeding arising from or related to this Contract or the Goods must be brought exclusively in the federal or state courts located in Bergen County, New Jersey, USA, and Buyer consents to the personal jurisdiction of those courts.