Condition of Sale
By ordering any product or services, Buyer hereby agrees to
the following terms and conditions of sale:
Method of Shipment
Whenever possible, Seller will ship products by
the method and carrier specified on Buyer's order . Buyer is hereby fully aware
that additional expenses and delays in shipment may be incurred when deviating
from Seller's list of selected carriers (Fedex, UPS). Seller reserves the right to
change the method of shipping for any reason. In such cases, Seller will select
the most appropriate and cost effective method, and Seller will advise Buyer of
the charges at the time the order is placed. Seller's current
standard delivery methods and shipping fee are available upon request.
Terms and Prices
All prices are listed in US dollars. PRICES AND
PRODUCT DESCRIPTIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. In cases where the
selling prices have changed significantly, Seller will contact Buyer for
approval before shipping the ordered material or services. Current standard
published shipping charges or actual shipping charges when buyer's selection of
methods and carriers deviates from the seller's list, and applicable taxes and
fees (refer to Taxes section of the terms) will be added to the invoice.
SELLER'S PAYMENT TERMS ARE NET 30 DAYS OF
INVOICE, UNLESS OTHERWISE STATED.
No change or addition by Buyer of any term or condition of
this contract or any of Seller's rights or remedies hereunder shall be binding
on Seller, nor shall the order hereby acknowledged be changed or cancelled by
Buyer unless approved in writing by authorized officer of Acentex Scientifc, Inc.
There are no representations, agreements, promises, or understandings between
Buyer and Seller that are not expressed herein.
Claims for Lost or Damaged Shipments
Seller urges Buyer to inspect all packages immediately upon
receipt and report any damage, shortage or defect to Seller as soon as possible.
CLAIMS FOR ANY DISCREPANCIES MUST BE MADE WITHIN 15 DAYS OF BUYER RECEIVING THE
MATERIALS. All products are sold FOB seller's shipping point unless otherwise
noted. Delivery of goods to the carrier at Seller's location or to other loading
point, shall constitute delivery to Buyer, and regardless of shipping terms, all
risks of loss or damage in transit shall be borne by Buyer.
All sales are deemed as final and are not
returnable unless in some extreme circumstances such as a discrepancy between
the chemical ordered and the chemical received. Returned shipments will not be
accepted unless a pre-authorization arrangements have been made with the seller.
REQUESTS FOR RETURN AUTHORIZATION NUMBERS MUST BE MADE WITHIN 30 DAYS OF BUYER
RECEIVING THE MATERIALS.
Buyer shall be responsible for any use, tax, sales
tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee
or charge of any nature whatsoever imposed by any governmental authority, on or
measure by the transaction between Seller and Buyer, in addition to the prices
quoted or invoiced, unless Buyer shall provide Seller at the time the order is
submitted an exemption certificate or other document acceptable to the taxing
authority. In the event Seller is required to pay any such tax, fee or charge,
Buyer shall reimburse Seller therefore.
Uses and Patents
SELLER'S PRODUCTS ARE OFFERED FOR RESEARCH AND
DEVELOPMENT USE ONLY. They are NOT intended for use as drugs, food additives,
cosmetic, household chemicals, or any other inappropriate applications. Seller
does not warrant that Buyer's use of a product sold will not infringe any United
States or other patents. The listing of a material in this catalog does not
constitute a license to, or a recommendation for, its use in infringement of any
patent. Seller reserves the right, in its sole discretion, to limit sales of
products or not to sell products to any customers.
All of Seller's products should be handled only by
qualified and trained individuals. In purchasing these products, the Buyer
acknowledges that there are hazards associated with their use. Buyer represents
and warrants to Seller that from Buyer's own independent review and study it is
fully aware and knowledgeable about (a) the health and safety hazards associated
with the handling of the products purchased; (b) industrial hygiene controls
necessary to protect its workers from such health and safety hazards; (c) the
need to adequately warn of health and safety hazards associated with products;
and (d) government regulations regarding the use of and exposure to such
Buyer represents and
warrants that it's use products ordered will not violate any law or regulation.
IN CONSIDERATION OF THE SALE OF PRODUCT TO BUYER, WHICH SALES SELLER WOULD NOT
OTHERWISE MAKE, BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ALL
CLAIMS, EXPENSES, LOSSES AND LIABILITY OF ANY NATURE WHATSOEVER ARISING OUT OF
BUYER'S HANDLING AND/OR USE OF PRODUCT, WHETHER USED ALONE OR IN COMBINATION
WITH ANY OTHER SUBSTANCE.
The information included in this catalog has
been obtained from normally reliable and dependable sources and is correct to
the best of Seller's knowledge; however, Seller does not make any guarantee of
accuracy and completion of such information. SELLER MAKES NO OTHER
REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH
RESPECT TO SELLER'S PRODUCTS, WHETHER USED ALONE OR IN CONNECTION WITH ANY OTHER
Claims for rejected, nonconforming product, or
any other claim against Seller, must be made in writing and must be received and
acknowledged by Seller in writing within thirty (30) days of Buyer's receipt of
the product in question. Any claims not satisfying this condition shall be
deemed waived. Upon the approved return of any such product, Seller shall have
the option, at its sole discretion, to replace such product with conforming
product or to return the purchase price to Buyer. BUYER'S EXCLUSIVE REMEDY, FOR
ANY CAUSE OR CLAIM WHATSOEVER, INCLUDING BUT NOT LIMITED TO ALLEGED BREACH OF
WARRANTY,DELAY OF PRODUCT DELIVERY, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE, SHALL BE FOR MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE
PRODUCT IN RESPECT TO WHICH THE CLAIM IS MADE. IN NO EVENT SHALL SELLER BE
LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BUYER'S CLAIM
IS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SELLER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.