CheMatech Terms and Conditions of Sale
1. Acceptance: CheMatech only accepts purchase orders from institutions, full-time educators and other professionals who have valid CheMatech account numbers. All sales are subject to and expressly conditioned upon the terms and conditions contained herein and upon BUYER’S assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative or seller, e.g., CheMatech never accepted terms and conditions printed on buyer’s purchase order. Whether you choose to phone, fax, or mail your order, be sure to include for each item: billing and shipping address, purchase order number, catalog number, a brief description and the quantity desired.
2. Prices: CheMatech list prices are sales prices and all prices are in Euro. Prices in this catalog are current at the time of publication. Prices are subject to change without notice. You will be invoiced at the prices prevailing when we receive your order. Call us at any time to inquire about current pricing and availability.
3. Specifications: All products are for laboratory or manufacturing use only—not food, drug or household use. Product specifications listed in the CheMatech catalog are current at time of type setting and are subject to change without prior notice. For the most up-to-date product specifications, consult with an CheMatech representative.
4. Delivery, Claims, Delays & Damaged Shipments: All sales are F.O.B. (EX Works for international) seller’s shipping point. Delivery of goods to the carrier at seller’s shipping point shall constitute attempt to deliver to buyer and seller shall not be liable for losses or damages incurred due to delays, etc. caused by carrier.Include any special shipping instructions with your order, however, seller reserves the right, in its discretion, to determine the exact method of shipment. Seller reserves the right to make delivery installments, all such installments to be separately invoiced and paid for when due, per invoice, without regard to subséquent deliveries. Delay in delivery of any installment shall not relieve buyer of buyer’s obligation to accept remaining deliveries. Immediately upon buyer’s receipt of any goods shipped, buyer shall inspect and shall notify seller in writing of any claims of, shortages, defects or damages and shall hold the goods for seller’s written instructions concerning disposition. If buyer fails to notify seller within ten days after buyer has received the goods, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the buyer. Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond seller’s reasonable control, including, without limitation, unsuccessful reactions, act to buyer, embargo or other governmental act, regulation or request affecting the conduct of seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, natural disasters, delay in transportation, or inability to obtain necessary materials, supplies or power at current prices.
5. Handling Charges: Transportation regulations require spécial handling for most hazardous chemicals, the additional cost of which will be added to your invoice.
6. Payment: Terms of sale are net 30 days of invoice. Euro and US dollar are acceptable currencies for payment. In the case of late payments, a 1.5% interest charge (per month) is added to the unpaid principal.
7. Taxes and Other Charges: Any use tax, sales tax, excise tax, duty custom, inspection or testing fee, or any other tax fell or charge of this sort imposed by any governmental authority on or measured by 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. $20 will be added to all international sales to cover wire transfer charge from both banks. If buyers don’t make a wire transfer payment, please deduct from the invoice.
8. Limited Warranties: Seller warrants that its products shall conform to the description of such products as provided to buyer by seller through seller’s catalog, analytical data or other literature. This warranty is exclusive, and seller makes no other warranty, express or implied, including any implied warranty of merchantability or fitness for any particular purpose. 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, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by seller. All claims must be brought within three months of goods being received, regardless of their nature. Seller’s sole and exclusive liability and buyer’s exclusive remedy with respect to products proved to seller’s satisfaction to be defective or nonconforming shall be at customer’s option: A. credit customer's account for the purchase price; or, B. replacement of such products without charge or refund of the purchase price, in seller’s sole discretion, upon the return of such products in accordance with seller’s instruction. Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the products, even if seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of revenue or profits, loss of products of buyer or other use or any liability of buyer to a third party on account of such loss, or for any labor or any other expense, damage or loss occasioned by such product including personal injury or property damage unless such personal injury or property damage is caused by seller’s gross negligence. No liability for loss or damage in excess of purchase price of goods can be accepted. Non-delivery or unacceptability of good must be notified within one week of date of invoice, otherwise invoice will be deemed to be payable in full.
9. Change/Cancellation/Return: Orders may be changed or canceled only by written agreement signed by both buyer and Seller, setting forth the particular changes to be made and the effect, if any, of such changes on the price and the time of delivery, and then only in strict compliance with Seller’s return shipment instructions. Buyer may not cancel this order unless seller expressly agrees to such cancellation in writing. In such event, seller will advise buyer of the total charge of such cancellation, and buyer agrees to pay such charges, including, but not limited to, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation cost imposed on seller by its suppliers, and any other cost resulting from cancellation on this order by buyer which is permitted by seller. If goods have been sent to a carrier already, no changes or cancellation allowed and return policy (see below) applied. No returns are allowed on custom synthesis products. All other returns must be made within 30 days with CheMatech authorization number and may be subject to a 10-15% restocking charge. All items approved for return must be in unused and resalable condition. Seller reserves the right to inspect them before issuing credit.