Terms of Sale
1.TERMS-Terms of sale are net 30 days from the date of the invoice, unless otherwise stated. Products will be billed at the price in effect at the time shipment is made. AAPPTec (Seller) may demand full or partial payment in advance before shipping goods if the financial condition of Buyer does not justify the terms of payment specified. Seller may at its option defer delivery or cancel contract if Buyer defaults in any payment when due.
2.PROVISIONS FOR ACCEPTANCE OF P.O.-Seller acknowledges receipt of Buyer’s purchase order expressly conditional on Buyer’s assent to the terms and conditions contained herein. Buyer will he deemed to have assented to these terms and conditions unless Seller receives written notice of any objection within 15 days after Buyer’s receipt of this form. Seller’s failure to object to provisions contained in any purchase order or any other form of document from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions. This contract and the terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky.
3.RETURN OF PRODUCTS-Goods may be returned for credit only if the container is unopened and with Seller’s written permission, and then only in strict compliance with return shipment instructions of Seller. If the returned product does not meet the Seller’s standard specifications, the Buyer must pay for the product. The Buyer is responsible for the shipping costs on returned items. There is 25% charge for any returned product unless it is exchanged. DIC, DCC, piperidine, solvents, custom peptides, custom chemical and any products shipped on ice can not be returned. Orders for these products can be cancelled before shipment. Orders for these products can not be cancelled after the products have been shipped.
4.CANCELLATION OR CHANGE OF P.O.-No change by Seller of this contract or Seller’s rights hereunder shall be binding on Seller, nor shall the order hereby acknowledged be cancelled or changed by Buyer, unless Seller shall expressly consent in writing. There are no agreements, representations, understandings or promises between Buyer and Seller that are not expressed herein.
5.INFORMATION AND TECHNICAL ASSISTANCE-Seller may furnish information and technical assistance with respect to Seller’s products at the request of Buyer. Unless otherwise agreed, all such information and technical assistance will be provided at no charge (2nd Buyer assumes sole responsibility for results obtained in reliance thereon. Seller makes no warranties of any kind or nature with respect to technical assistance or information provided by it. Any suggestions by Seller regarding use, application or suitability of the products shall be construed as an express warranty unless expressly designated as such in writing signed by Seller.
6.TAXES AND OTHER CHARGES-Any use, sales, or excise tax, duty, custom, inspection or testing fee. or any other tax, fee or charge of any nature whatsoever 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 invoiced. If Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller for same or, in lieu of such payment Buyer shall give Seller at the time the order is submitted a tax exemption certificate or other document acceptable to the authority imposing the tax, fee, or charge.
7.DELIVERY, CLAIMS, DELAYS, RETURNS -Unless stated otherwise, all sales are FOB Seller’s shipping point. Seller reserves the right to make partial deliveries all of which will be separately invoiced and paid for when due. Delay in delivery of an installment shall not relieve Buyer of its obligation to accept remaining deliveries. Upon Buyer’s receipt of goods. Buyer shall inspect same and notify Seller immediately of any shortages, defects, or damages and shall hold, the goods for Seller’s instructions concerning disposition. If Buyer fails to notify Seller of any claims within five days after goods have been received, such goods shall 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 losses or damages as a result of any delay in or failure to manufacture or deliver products due to any cause beyond Seller’s reasonable control. This would include without limitation, act of Buyer, unsuccessful reactions, governmental acts; e.g., embargo, regulation or request affecting the conduct of Seller’s business; fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties: lightning, flood, windstorm, or other acts of God; delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies, or power at current prices.
8.Allocations-lf Seller is unable to supply for any reason the complete order as specified in Buyer’s purchase order, Seller may allocate its available supply among any or all buyers as Seller may deem fair and practical without liability for any failure of performance which may result therefrom.
9.WARRANTIES-Unless otherwise specified, Seller guarantees its products shall conform to the description of same as stated in Seller’s catalog or other literature, if furnished to Buyer, 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. If Seller determines in its sole discretion, that Buyer has misused the products in any way or has failed to use its products according to Seller’s instructions, if any, Seller’s warranties made in connection with this sale shall not be effective.
Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products provided to Seller’s satisfaction to be defective or nonconforming shall be the replacement of such products without charge or refund of the purchase price, is Seller’s sole discretion, upon the disposition of such products in accordance with Seller’s instructions. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES.
10.PATENT DlSCLAIMER-Seller does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
11.BUYER’S USE OF PRODUCTS-Seller’s products are intended for laboratory use and are not to be used for other purposes, including, but not limited, to, component in food, drug, medical devices (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, and manufacture any products purchased from Seller and any final, articles made from them in accordance with the practices of someone who is 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 with 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 and 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 15 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 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.
Shipping
AAPPTec’s shipments to customers are made via Federal Express, UPS and other freight carriers. Our standard method of shipment is ground unless the customer prefers a different method. Items classified as hazardous require special packaging and shipping as required by the US Department of Transportation and the International Air Transport Association. Chemical orders received by 3pm EST at our facility will be shipped the same day. Our standard terms are net 30 days, FOB Louisville, KY. Orders shipped outside the US and Canada will incur additional charges for shipping and customs. Shipping charges are prepaid and added to the customers invoice unless otherwise instructed by the customer. We can bill shipping charges directly to a customers freight account.
Returns
When a customer wants to return merchandise they must contact our order entry department and request a return authorization number (RMA). The number will be issued and the product must be shipped prepaid to our facility for inspection. Our order entry department will contact the customer after inspection to communicate the credit that will be issued to the customers account if the product is found to be defective. Returns are subject to a 25% restocking charge.
DIC, DCC, piperidine, solvents, custom peptides, custom chemicals and products shipped on ice can not be returned.
Storage Conditions
AAPPTec recommends storing amino acid derivatives at -15 degrees C or below. Many derivatives are unstable if kept at +4 degrees C or higher. Every effort should be made to keep all amino acid derivatives protected from moisture and oxygen while stored for prolonged periods. The optimal condition is to store substrate-loaded resins at +8 degrees C or below, but not frozen. We also recommend all loaded resins are used with in two years of purchase.
Warranty
AAPPTec fully guarantees that all of our products meet or surpass the stated specifications at the time of delivery. The buyer is responsible for determing that all products are adequate for buyer’s intended or specific purpose of use. AAPPTec’s only obligation is to replace the product that is determined to be defective. This warranty is negated if a product has been tampered with, stored improperly, altered in any way or it has been misused or damaged either by accident or through negligence.
Prices and Quantities
AAPPTec reserves the right to change prices or products without advance notice. In cases of significant increase in price, we will not ship the product to the customer without communicating the price increase to them. All prices in this catalog are listed in USD. For quantities other than those listed in our catalog please call customer service for pricing.
Web-Site Legal Disclaimer
Welcome to our web-site. By browsing and using our web-site you agree to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs AAPPTec’s business relationship with you in relation to this web-site. If you disagree with any part of these terms and conditions, please do not use our web-site.
The term ‘AAPPTec’, ‘us’ or ‘we’ refers to the owner of the web-site whose registered office is 6309 Shepherdsville Rd. Louisville, KY 40228. The term ‘you’ refers to the user or viewer of our web-site.
The use of this web-site is subject to th following terms of use:
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- Your use on any information or materials on this web-site is entirely at your own risk, for which we shall not be liable. It shall be your own repsonsibility to ensure that any products, service or information available through this web-site meet your specific requirements.
- This web-site contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trade marks reproduced in this web-site which are not the property of, or licensed to, the operator are acknowledged on the web-site.
- Unauthorized use of this web-site may give rise to a claim for damages and/or be a criminal offense.
- From time to time this web-site may also include links to other web-sites. These links are provided for your convenience to provide further information. They do not signify that we endorse the web-site(s). We have not responsibility for the content of the linked web-site(s).
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