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 products.
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 SUBSTANCE.
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.