Terms And Conditions Of Sale - Domestic (USA)
 

These terms and conditions of sale for United States customers, along with related documents, shall constitute the entire agreement between Science First and the customer. No terms may be modified without written authorization from Science First. If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provisions.

Orders. All orders must be accepted and verified by Science First in its Buffalo, New York facility by authorized personnel. For items not found in our catalog or large numbers of items, please contact us for a quotation. Science First must collect applicable sales taxes from non-exempt purchasers with shipping addresses within New York State.

Payments and credits. If credit is established, payment terms are Net 30 from date of invoice. Currently, credit is only extended to governments, schools and universities, and Indian tribes. For those customers without established credit, payment is required prior to shipment. In this case, payment must be via credit card, wire transfer, money order, or company check. All credits on account must be applied with one year of issuance, else they revert to Science First.

Shipping, freight and importation. Freight is FOB Buffalo, New York U.S.A. and is prepaid and added to invoices on all orders, unless otherwise specified by Customer. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product is damaged in transit, we will assist Purchaser with filing a claim with the carrier, vessel, and/or insurance company.

Products, warranties. Customer warrants that it has no right, title or interest in the trademarks or copyrights in the products carried by Science First, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights. Science First maintains a database of warranty and other product information on products contained within its catalog. As a service to customers, Science First will supply such information to customers that request it. Science First shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Science First in the conduct of its business.

Governing law, dispute resolution. These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of New York, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of New York, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. Actions by Science First for nonpayment by the Purchaser of the purchase price of products sold by Science First, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Science First, at its option, before any judicial court of competent jurisdiction. At Science First's option, disputes between the Purchaser and Science First, including all claims for non-performance by Science First, shall be finally settled by arbitration in Buffalo, New York, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of New York, USA.

Limitation of Liability. Science First (INCLUDING Science First'S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.

CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Science First IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).

NEITHER Science First NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN EIGHTEEN (18) MONTHS FROM THE DATE OF LAST PAYMENT.