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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.
Shipping
Damage. Customer must inspect packages within seven
(7) days of receipt for any damage to product due to shipping
and report any damaged product to the carrier and to Science First. Damage reports received after seven (7)
days may result in Science First being unable
to be reimbursed for damaged goods, and customer may be
liable for payment of damaged goods. Save all packaging
material in event of receipt of damaged product so a claim
may be filed. In the event of any obvious damage to the
outer container, note damage when signing for the goods,
or refuse delivery of the goods.
Claims
for Missing Items. Do not throw out any packaging
material until you have checked package contents thoroughly.
Small items may become lost among packaging materials. Contact
us for replacement of the missing items within seven (7)
days of receipt of the goods. Failure to contact Science First within this time frame may result in Science First being unable to send out replacement items.
Returns,
Repairs, Replacements. Please call for a return number
(RMA) for any return or repair. Returns are only accepted
within thirty (30) days of date of invoice. Write the RMA
number on the outside of the carton. Product returned without
an RMA number will be refused. We cannot accept returns
on Made to Order products, product modifications, and custom
products, unless our error. We reserve the right to apply
restocking charges (at least 20% of invoice amount plus
shipping) to any returned product unless our error. Any
returned product must be shipped freight prepaid to our
facility, unless arranged otherwise before returnng the
shipment.
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. Customer agrees to apply all credit balances
within one year of issuance, else they shall become the
property of 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.
Items of Science First manufacture are guaranteed to be
free from defect in materials and workmanship for 90 days
from date of purchase, defined as date of invoice to the
original purchaser. 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. Purchasers
are responsible for verifying suitability and compatibility
of products before purchase.
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.
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