Terms & Conditions of Sale

Welcome to the website of CritiKit, also known as HF Acquisition Co. LLC. By placing an order, you (as a customer) agree to and are bound by the following terms and conditions of sale. If you disagree with these terms and conditions, please do not proceed. The terms don’t apply only if you have a written agreement in effect that conflicts with such terms and conditions.

Payment Options

For your convenience, we provide several payment options. Orders billed to
your account may be paid by Check or Credit Card. All sales are subject to
our normal terms and conditions.

Check payments must be mailed to:
CritiKit
Dept. CH 14330
Palatine, IL 60055-4330

We have the right to check your credit before a sale, if we determine it’s
necessary. You are required to pay invoices per the terms of sale.

Open Accounts Receivable

All unpaid accounts receivable past due are subject to a 1.5% finance charge.

Delivery Terms

Unless otherwise agreed, freight terms are FOB Shipper’s Dock (“Ex Works” outside North America). Except as noted below, title passes at the time the shipment is loaded at the shipper’s dock.

California: For all shipments of goods to customers located within California, title will pass upon receipt of goods by California customers.
Continental U.S.: All orders will be subject to a handling charge. This charge includes freight, except for additional carrier charges related to special delivery services and hazardous material shipments. Special orders are subject to additional freight charges.
Alaska, Hawaii: Standard shipping methods provide direct, reduced cost, expedited air delivery service to all accounts in Alaska and Hawaii.
Guam, Puerto Rico, U.S. Trust Territories and Virgin Islands: All orders will be subject to a handling charge. This charge includes freight through the United States Postal Service (USPS). Special delivery orders and hazardous material shipments can be shipped via United Parcel Services (UPS) for an additional charge. No minimum order amount or weight applies. Speak to your International Representative for details.

Pharmacy (Rx) and Controlled Substance Products

Regulations require us to limit the sale of Rx and controlled substances only to registered, licensed healthcare professionals. If you are a new customer or have recently moved, please furnish us with a copy of your updated state and federal registration verifying your shipping address. All orders for controlled substances are subject to a due diligence review process.

CritiKit restricts the sale or other transfer of medications to prisons/correctional facilities for use in lethal injections, based on our manufacturer agreements. The goods CritiKit sells are intended to be used for their label-approved purposes or applicable standards of care, which do not include human lethal injection.

Local Regulatory Requirements

Local regulatory requirements may apply to use or installation of certain products. Be sure to understand and comply with any such requirements prior to purchase, use, or installation of products.

RMA Required for Returns

We cannot accept any returns without prior issuance of a return merchandise authorization (RMA) number.

To arrange for a return, simply call 800-331-1984 or email us at customerservice@critikit.com. Type in the subject line: “Return Item –
Request RMA Number.” You must meet the following conditions:

Products must be returned in original manufacturer’s packaging and in perfectly resalable condition.
Returned products must have been received within the previous thirty
(30) days.
All returns are subject to a 15% restocking fee.
Shortages or errors in shipments must be reported within seven (7)
days of invoice date to issue credit (if applicable).
Returned products must be returned freight prepaid.

Non-Returnable Items

Not all items purchased from CritiKit are eligible for return. Non-returnable items include but are not limited to:

Emergency medical kits, medications, AEDs, oxygen, personal protective equipment.
Products that were received by the customer more than 30 days prior to RMA request.
Products that have been used or installed.
Products that are not brand new and/or are missing any of the manufacturer’s packaging.
Special order items (products that we do not ordinarily stock).
Hazardous materials.
Expired products.
Any item marked nonreturnable.

Returnable Items

The following items may be eligible for return:

Wrong Products Ordered
As listed above, all emergency medical kits and medications are non-returnable. If you find you have made an error in ordering any other item not listed above and wish to return this product, please request an RMA number and return instructions. Returns MUST have an RMA to be processed correctly, so please wait for us to send you that information. Some items noted as “non-returnable” may be accepted on a case-by-case basis, and may be subject to a higher restocking fee.
Damaged Shipment
For standard carrier shipments (i.e.; US Postal Service, UPS, etc.), you must notify us (by phone or email) of any damage and provide us with all additional information within 5 business days of receiving your products.
Defective Products
Within thirty (30) days of receiving your order, if any product proves to be defective, please contact us immediately. Please do not return the product without contacting us first and receiving an RMA number and the necessary return instructions.

Institutional and Corporate Accounts

Terms of Sale follow the same guidelines unless denoted differently in a contract. Some offers and promotions outlined in the catalog may not apply. Requests for bids and proposals may be sent to:

CritiKit
Bid Department
11629 49th Pl W
Mukilteo, WA 98275

Arbitration

All Claims related to or arising under or relating to this Agreement are to be exclusively and finally determined by binding arbitration in the state of New York, or another location mutually agreeable to the parties. Any and all Claims must be arbitrated on an individual basis, and there shall be no right or authority for any Claims or disputes to be arbitrated on a class action or collective basis. For avoidance of doubt, each party irrevocably waives any right to: (i) have any Claim resolved in connection with any class action or collective action, or (ii) recover any damages or relief directly or indirectly as part of any class action or collective action. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association, or if applicable, under its Procedures for Large, Complex Commercial Disputes. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the disputed subject matter and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be or has been at any time employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. To the extent that any Claim or dispute is determined to not be subject to arbitration, all other Claims or disputes that would otherwise be subject to arbitration must be arbitrated. As used in this Agreement, “Claims” shall mean any and all liabilities, disputes and expenses whatsoever including, without limitation, claims, adversary proceedings (whether before a court, administrative agency or any other tribunal), damages (whether compensatory, multiple, exemplary or punitive), judgments, awards, penalties, settlements, investigations, costs, responses to subpoenas or other governmental directives and reasonable attorneys’ fees and disbursements with respect to any claims that may be sustained, suffered or incurred by a Party hereto.

Warranties

CritiKit will pass through to the customer, at the time of sale, any transferable product warranties, indemnities and remedies provided to CritiKit by the applicable manufacturer. EXCEPT AS OTHERWISE DESCRIBED HERE, AS PERMITTED BY LAW, CRITIKIT PROVIDES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS INCLUDES WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CUSTOMER SHALL LOOK TO THE MANUFACTURER OF THE PRODUCT FOR ANY WARRANTY.

Limitation of Liability

The customer agrees to look solely to the manufacturer of the product for any claim arising due to loss, injury, damage or death related to the use or sale of products. CritiKit shall not be liable for indirect, incidental, punitive, special or consequential damages, including, but not limited to, lost profits and loss of goodwill, resulting from or relating to any breach of this agreement (or of any duty of common law, and whether occasioned by the negligence of CritiKit or its affiliates), regardless of any notice of the possibility of such damages.

Explanation of Promotions, Discounts, Rebates and Disclosures

Invoice or statement prices may reflect or be subject to a bundled discount or rebate pursuant to a purchase offer, promotion, or discount program. Purchasers must fully and accurately report any discounts, rebates or other price reductions (“Discounts”) to Medicare, Medicaid, Tricare and any other federal or State program upon request by any such program. You must claim the benefit of these Discounts in the fiscal year in which the Discounts are earned, or the following year. Accordingly, you should retain any documentation, including promotions, your invoice or purchase order, of Discounts. It is your responsibility to review any agreement or other documents, including offers or promotions, applicable to the invoiced products/prices to determine if your purchase(s) are subject to any Discounts. Any such Discounts must be calculated pursuant to the terms of the applicable purchase offer, promotion, or Discount program. Unless otherwise indicated to calculate the applicable Discount on the items included in the bundle, divide the total value of any no-charge items (unit prices as disclosed on flyer/invoice or view list price on web site CritiKit.com ) by the total amount for the bundled purchase (bundle price as disclosed on flyer/invoice), and apply the resulting percentage equally to each item to determine net prices. Participating in a promotional discount program (e.g., points, discount redemptions or other special awards) is only permissible in accordance with discount program rules. By participation in such program, you agree that, to your knowledge, your practice complies with the program requirements.

Terms of Sale may change without notice. Check this web page for current terms.