Terms & Conditions

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TERMS & CONDITIONS

A2B CHEM ("Seller") will supply the chemical ("Product") or service required by the buyer ("Buyer") subject to the terms and conditions below. The placing of a purchase order implies acceptance of these terms and conditions.

 

1. Prices

All prices are shown in U.S. Dollars. Prices are F.O.B. Shipping Point. Prices are subject to change without prior notice. Every effort will be made to maintain pricing for the catalog time period, but prices are subject to change without notice. Prices will be confirmed at the time of order entry.

 

2. Taxes and other charges

Sales tax, duty, custom, or any other tax, fee or charge imposed by any governmental authority on the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.

 

3. Payment

Payment terms are net 30 days from invoice date unless otherwise agreed in writing. The Seller reserves the right to request advance payment at its discretion. Accounts 30 days past due are subject to a 10% late charge per week on the unpaid balance. For overseas transactions the Buyer shall pay all of the Seller's banking charges. The Buyer shall not be entitled to withhold or set-off payment for the Products for any reason whatsoever. Bank transfer, credit card and cheque are accepted forms of payment.

 

4. Shipping and Returns

Every attempt will be made to process and ship orders within 7 days. When complete shipments cannot be made, partial shipments may be made at our discretion unless otherwise requested. Buyers will be promptly notified of backordered and/or out-of-stock items. Regardless of method of shipment, D.O.T. and I.A.T.A. regulations require the use of special packaging for certain hazardous chemicals. Additional charges for hazardous packaging and transportation will be added to the invoice. A2B CHEM will notify the Buyer of these costs when orders are placed and will attempt to reduce the costs by consolidating compatible items. Courier details and fee schedules are provided on website www.a2bchem.com.A2B CHEM will not accept return shipments without prior authorization and shipping instructions. The situations which give rise to returns are often complicated and require individual attention and special handling. Unidentified or unauthorized return shipments will be discarded without credit. Buyer shall contact Seller to resolve each situation in an equitable manner. Charges will be imposed on catalog items returned due to Buyer’s error. Orders over $1,000.00 will have a 70% minimum restocking charge imposed. Orders less than $1,000.00 will not be authorized for return. Items which are proven defective or non-conforming to our specifications will be replaced at no charge or, at our discretion, credit issued upon receipt of returned goods. All claims for replacement or credit must be made within 7 days of receipt of goods. The liability of A2B CHEM for any and all claims, losses or damages arising for any cause, including our negligence, shall in no event exceed the purchase price of the materials with respect to which the cause arose. In no event shall A2B CHEM be liable for incidental or consequential damages.

 

5. Warranty

Unless specified differently in writing, Seller warrants that its products shall conform to the description of such products as provided in the Seller's catalog at the time of sale. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. It is Buyer's responsibility to testing the product to confirm that it matches the specification of compound before using it. There will be no warranty or refund if any problem is found after the product has been used. In no event shall the Seller be liable for incidental or consequential damages of any kind. No warranty or representation is given by the Seller that the Products do not infringe any letters patent, trademarks, registered designs or other industrial rights. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by the Seller. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products provided to Seller's satisfaction to be defective or non-conforming shall be, in Seller's sole discretion, (1) the replacement of such products without charge or (2) refund of the purchase price upon the disposition of such products in accordance with Seller's instructions. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LAW WITH RESPECT TO GOODS SOLD OR TECHNICAL SERVICES RENDERED BY SELLER, OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES.

 

6. Buyer’s Use of Products

Seller's products are intended for laboratory use only and, not to be used for other purposes, including, but not limited to as, or a component in, a food, drug, or medical device (including in vitro diagnostic reagents) or cosmetics as defined in the Federal Food, Drug and Cosmetic Act, as amended, nor as a pesticide as defined in the Federal Insecticide, Fungicide and Rodenticide Act, as amended. Buyer acknowledges that the products purchased hereunder have not been tested by Seller for safety and efficacy in a food, drug, cosmetic or pesticide unless otherwise stated by Seller in writing furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test, use, manufacture and market any products purchased from Seller and any final articles made from them in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable federal and state food, drug, device, and cosmetic and other relevant laws and regulations, now and hereinafter enacted. Buyer further warrants to Seller that any final articles manufactured from Seller's products shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be articles which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. Buyer acknowledges that Seller's products are intended primarily for laboratory use and they may not be on the inventory of Existing Chemical Substances defined pursuant to the Toxic Substances Control Act (TSCA). Seller assumes no responsibility to assure that products purchased hereunder may be used in a commercial application as defined under TSCA. Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Seller. Buyer also has the duty to warn Buyer's customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled, or used as starting material or components of other products, Buyer will verify Seller's assay of the products. Buyer agrees to indemnify and hold Seller harmless from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that Seller may sustain or incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort or other theory of law, by Buyer, its officers, agents or employees, its successors or assigns, and its customers, whether direct or indirect, in connection with the use of Seller's products, or by reason of Buyer's failure to perform the obligations herein contained. Buyer shall notify Seller within 7 days of Buyer's receipt of knowledge of any accident involving Seller's products resulting in personal injury or damage to property, and Buyer shall fully cooperate with seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others. The furnishing of such information to Seller and any investigation by Seller shall not constitute an assumption of any liability by Seller.

 

7. Governing Law

This agreement and matters connected with the performance thereof shall be construed, interpreted, applied, and governed in all respects by the laws of the State of California.

 

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