Terms and Conditions
As used in this Terms and Conditions ("Agreement"), the terms (a) "Seller" shall mean A&A Life Science Inc. dba AvaChem Scientific ("AvaChem Scientific"), (b) "Buyer" shall mean the party executing this Agreement to purchase the Products or Services specified on this Agreement and/or the party accepting delivery of Seller's Products or Services hereunder, (c) "Products" shall mean, but not be limited to materials, goods and services provided by Seller under this Agreement,
Pricing & Payment Terms
All prices on catalog items are subject to change without notice.
All prices quoted are exclusive of any charges imposed by any governmental authority. Buyer shall pay the fees or charges imposed by any governmental authorities, including, but not limiting to use taxes, sales tax, excise tax, duty, custom inspection or testing fee. prices and specifications are subject to change without notice. All prices are in US dollars. Payment terms are Net 30 Days from the date of invoice. AvaChem Scientific accepts checks, wire transfers, and credit cards.
Changes or Cancellation
Orders may only be amended or cancelled by mutual agreement, oral or in writing, before the goods are accepted by the carrier at Seller's shipping location. In the event of cancellation, the Buyer agrees to pay the cancellation charge that equals to 15 percent of the total cost of the goods. Cancellation shall not be accepted for delivered goods, the acceptance of goods by the carrier at the Seller's shipping location constitutes that the goods are delivered to the Buyer.
AvaChem Scientific's products generally are shipped with 2 day air, unless otherwise requested. Our term is FCA San Antonio, Texas, USA. Freight charges are prepaid and added to the invoice. Seller requests that all international orders be prepaid. They will be shipped using the customers own courier account (Such as FedEx, DHL, or UPS) for express delivery. Otherwise USPS express mail service (EMS) will be used. Buyer shall examine the goods immediately upon its receipt and notify Seller in writing of any claims for discrepancies in product, size and quantity and damages of any type within 14 days of delivery. Seller shall not be liable for any costs, damages, charges and expenses, caused by delay or failure to deliver the goods as a result of uncontrollable causes.
Use of Products
AvaChem Scientific's products are intended for laboratory research purposes only and are not to be used for any other purposes. They shall not be considered to be foods, drugs, medical devices or cosmetics. All products supplied have not been fully tested by the Seller for their safety and toxicity. They shall be treated as potentially harmful and shall be used or handled by qualified personnel with training in using and handling of potentially hazardous materials. Buyer warrants that the products purchased from Seller shall be used in strict compliance with the laws and regulations set forth by governing authorities for the use of the products and for protection of personnel or environment from harm or contamination. Buyer further warrants that all products purchased from Seller may only be re-sold, repacked to third party for research purposes with products being assayed and specifications being reported by Buyer independently. Seller is not liable against any claims which may result from use of said products resold to third party.
Seller does not warrant that the use or resale of the products purchased from the Seller will not infringe United States or any other patents in relation to, but not limiting to, the products themselves, or their use, or the process of manufacturing them.
Warranties & Disclaimers
Seller warrants that for a period of 30 days commencing on the date of delivery, its products shall substantially conform to the description of such products provided to Buyer. 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 replacement of such products without charge or refund of the purchase price, at Seller's sole discretion, upon the return of such products in accordance with Seller's instructions. Said refund or replacement is conditioned on Buyer giving written notice to Seller within 30 days after receipt of product. Failure to do so constitutes a waiver by Buyer of all claims in relation to the said product. 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. This limitation expressly includes but is not limited to, damages to a third party occasioned by such products.
This Agreement and all claims and causes of action shall be governed by and subject to the internal laws and decisions of the courts of the State of Texas. The sole and exclusive venue for all claims and causes of action between the parties shall be the state court located in Bexar County, Texas or the federal court located in San Antonio, Texas.
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