BioSciences - Polysciences, Inc.

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Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALES FROM TELEPHONE ORDER, PURCHASE ORDER, WEB SITE ORDER OR CATALOG ORDER
1. ACCEPTANCE Acceptance of Customer’s order is limited to the terms and conditions contained herein and on the face page of this contract. Seller
hereby notifies and Customer hereby acknowledges that Seller objects to all terms and conditions in any purchase order or any other communications from
the Customer which are additional to, different from, or conflicting with the terms and conditions contained herein. Neither the failure of Seller to object to
a purchase order or any other communication from the Customer, nor shipment of the Products described on the front of this contract shall be deemed an
acceptance of any terms or conditions which are additional to, different from, or conflicting with the terms and conditions contained herein. The Customer
shall be deemed to have accepted all of the terms and conditions contained herein and on the front of the contract, and no other, upon Customer’s
acceptance or use of the Products described on the front of this contract.
2. PRICES & MINIMUM ORDER POLICY Prices set forth on the front page of this contract are exclusive of all federal, state, excise and similar taxes,
including, without limitation, taxes on manufacture, sales, receipts, and all costs of transportation, packaging, insurance and other costs, including export
and import duties, if applicable. All such taxes and costs will be added to the invoice as a separate charge and paid by Customer. Prices are based on current
costs and therefore subject to change without notice to account for changes in the cost of raw materials and other direct costs beyond Seller’s control.
Minimum Order Policy: Orders placed in U.S. Dollars and shipped through Polysciences, Inc.: $35.00. For orders placed in Euros and shipped to European
countries through Polysciences Europe GmbH: On orders less than 250.00 Euro, a small order fee of 20.00 Euro will be applied to shipments outside of Germany.
3. SHIPMENT & RISK All sales are freight and insurance prepaid by Customer from Seller’s shipping point unless otherwise noted. If shipping and handling
charges are quoted or invoiced, they will include charges in addition to actual freight costs. Delivery of the goods to the carrier at Seller’s shipping point shall
constitute delivery to Customer and Customer shall bear all risk of loss or damage in transit. The general method of shipment for each item is listed in Seller’s
catalog or website. However, Seller reserves the right, in its discretion, to determine the exact method of shipment. Seller reserves the right to make delivery
in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery
of any installment shall not relieve Customer of it’s obligations to accept remaining deliveries. Shipments made thirty (30) days after specified date of delivery,
if date is so specified, shall constitute good delivery. Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered
or undelivered Products.
4. DELAYS Seller will not be liable for any damages suffered by Customer by reason of any delay in the performance of this contract, or in the delivery or
shipment of the Products, when such delay is directly or indirectly caused by, or in any manner arises from, fires, floods, accidents, acts of terrorists, riots, acts
of God, war or insurrection, governmental interference or embargoes (whether by priorities, rationing or otherwise), strikes, labor difficulties, shortages of
labor, fuel, power, materials or supplies, transportation delays or any other cause (whether or not similar to any of the foregoing) beyond Seller’s control. If
any of the above mentioned contingencies occur, Seller reserves the right to cancel in whole or in part, this contract without any resulting liability.
5. TERMS OF PAYMENT & INTEREST Terms of payment are net cash thirty (30) days. All payments shall be made in U.S. dollars. Seller
reserves the right to impose a money service charge at the rate of one and one-half percent (1 1/2%) per month on invoices unpaid after
thirty (30) days. Any payment terms specified on the front of this contract supersede any inconsistent part of this section. A service fee of
3% will be added to all credit card orders over $5,000.00 USD
6. RAW CHEMICALS Seller reserves the right to select sources of supply for raw chemicals. Seller does not guarantee the compatibility or performance of
raw chemicals with any specific customers’ Product. This contract is subject to Seller’s ability to obtain the necessary raw chemicals. All chemicals should be
handled only by qualified individuals trained in procedures and familiar with the potential hazards of the chemicals. The absence of warning must not be
interpreted as an indication of safety. All chemicals are offered for research and investigational purposes only and are not intended for food, drug, cosmetic
or household use. Buyer assumes all risk and liability for the use and/or results obtained by the use of the Products whether used singly or in combination
with other products.
7. LIMITED WARRANTY SELLER GIVES NO WARRANTY AS TO MERCHANTABILITY OR AS TO FITNESS FOR ANY PURPOSE. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE DESCRIPTION ON THE FRONT OF THIS CONTRACT OR BEYOND THE TERMS AND CONDITIONS CONTAINED HEREIN. The sole
and exclusive warranty provided herein is that the Products sold are warranted to be free from defects in material or workmanship as established by Seller’s
standards of acceptable quality. This express warranty is in lieu of all other warranties, express or implied. Customer’s sole remedy under this warranty is to
have its account credited with the invoice amount, or at Seller’s sole option to have any Products which contain defects at variance with Seller’s specifications
replaced, provided the specific defect is reported to Seller within fifteen (15) days after the date of initial shipment. Every such claim under this warranty
shall be deemed waived by Customer unless it is made in writing within said fifteen (15) day period. Defective Products may be returned to Seller only after
Seller’s inspection and then only upon receipt of definite instructions for the return received from Seller, i.e., the Customer must obtain a written Returned
Material Authorization number from the Seller. Any Products returned without Seller’s advance written instructions will not be received for replacement or
credit. Products returned without defect which are approved for return by the Seller are subject to a restocking charge equal to 25% of the purchase price
of the subject item.
8. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM THIS CONTRACT OR ITS PERFORMANCE OR IN CONNECTION WITH THE
USE OF, OR INABILITY TO USE THE PRODUCTS FOR ANY PURPOSE WHATSOEVER, OR FOR INJURY TO PERSON, OR DAMAGE TO OR LOSS OF PROPERTY OR
VALUE CAUSED BY THE PRODUCTS.
For more information please call (800) 523-2575 or visit: polysciences.com