1. Acceptance – By using Volu-Sol’s website and/or placing an order you agree to the terms and conditions set out below. No variation of these terms and conditions will be binding upon Seller unless agreed to in writing and signed by an officer.
2. Delivery, Claims, and Delays – 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 Buyer and Buyer shall bear all risk of loss or damage in transit. Seller reserves the right to determine the exact method of shipment, make delivery in installments, and to have all separate installments billed per initial invoice date. Delay in delivery of any installment shall not relieve Buyer of Buyer’s obligations to accept remaining deliveries. Buyer shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods until Seller’s written instructions are received. If Buyer fails to notify Seller within ten business days of receipt, Buyer must follow terms and conditions and accept products. Seller shall not be liable for loss or damage due to delay in manufacture or delivery resulting from any cause beyond Seller’s reasonable control including, but not limited to, act of nature (e.g., earthquakes, extreme weather conditions, such as floods), war or threat of war, terrorist act, blockade, riot, fire, industrial action/strike, government action, embargo, unavailability of goods, loss or breakdown of carrying vessel, and any delays resulting from any such cause shall extend the time for delivery correspondingly.
3. Allocation of Goods – If Seller is unable to supply the total demands for goods specified in Buyer’s order, Seller may allocate its viable supply among any or all Buyers on such basis as Seller may deem fair and practical, without liability for any failure of performance which may result therefrom.
4. Personal Identification Information – Volu-Sol may collect personal identification information from users in a variety of ways, including, but not limited to: those who visit and/or register, and place orders on the site, as well as those connected with activities, services, features or resources made available on the site. Users may be asked for name, e-mail and postal address, phone number, and credit card information. Volu-Sol only collects information voluntarily submitted. Users may refuse to supply personal identification information and remain anonymous, but subsequently withdraw from certain site related services and activities. Volu-Sol uses secure data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of personal information, username, password, transaction information and data shared/stored on the site. Information collected, including name, phone number, e-mail address and postal address, will only be used for the purpose of bookkeeping or general enquires related to Volu-Sol, and will be treated in confidence and not be disclosed to any other party. By using Volu-Sol’s site, user accepts the terms and conditions within the policy. Volu-Sol may continue to update and change policy. Any continued visits to site by user, indicate user’s acceptance to updated changes.
5. Payment – Terms of sale are net 30 days of date of invoice, unless otherwise stated. If Buyer fails to pay any amounts when due, Seller may, without notice to Buyer, delay or postpone the delivery of products. Seller is then authorized to change the terms of payment to payment in full in advance of shipment of the entire undelivered balance of said products. In the event of default by Buyer in the payment of the purchase price or otherwise, Seller may defer delivery, cancel contract, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit against the contract purchase price. Consequently, Buyer agrees to pay the balance due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer.
6. Taxes and Other Charges – Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by an government 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 point of sale, an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
7. Pricing – Final prices are shown in currency of the Volu-Sol headquarters which serves your area and are subject to change. Please call us for updated prices if you require this information prior to placing an order. All quotations are guaranteed for 90 days.
8. Price Changes – Shipments will be made promptly, even if prices have been nominally increased. Price changes will be automatically applied to your invoice.
9. 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 FOR ANY PARTICULAR PURPOSE. Seller’s warranties made in connection with this sale shall not be effective if Seller has determined, in its 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.
10. Compliance with Laws and Regulations – Seller certifies that to the best of its knowledge its products are produced in compliance with applicable requirements (i.e. Fair Labor Standards Act, as amended, and OSHA Act of 1970) and regulations issued pursuant thereto.
11. Buyer’s Use of Products – Seller’s products are intended primarily for laboratory use and research purposes and, unless otherwise stated on product labels, in Seller’s catalog or in other literature furnished to Buyer, are not to be used for any other purposes, including but not limited to, in foods, drugs, or cosmetics for humans or animals or for commercial purposes. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, cosmetic, commercial or any other use, unless otherwise stated in Seller’s literature 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/or materials produced with products purchased from Seller in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter decreed. Buyer further warrants to Seller that any material produced with products from Seller shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. Buyer has the responsibility to verify and 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 Seller’s instructions to avoid the misuse of products in any manner. No products purchased from Seller, unless otherwise stated, shall be considered food, drugs, medical devices or cosmetics.
12. Buyer’s Representations and Indemnity – Buyer represents and warrants that it shall use all products ordered in accordance with Paragraph No. 10 “Buyer’s use of products,” and that any such use of products will not violate any law or regulation. Buyer agrees to indemnify and hold harmless Seller, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its officers, agents, employees, successors or assigns, by Buyer’s customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of Seller’s products, or by reason of Buyer’s failure to perform its obligations contained herein. Buyer shall notify Seller in writing within 30 days of Buyer’s receipt of knowledge of any accident, or incident involving Seller’s products which results 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 of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.
13. Returns – Goods may not be returned for credit except with Seller’s permission, and then only in strict compliance with Seller’s return shipment instructions. Certain items may not be returned for credit. These items include but are not limited to: reagents and products that have passed their expiration dates; custom products; products missing labels, and parts. Any returned items may be subject to a fee (whether restocking or processing) and must be returned within 90 days of purchase.
14. Export Compliance – Volu-Sol’s products and services are subject to US export laws, rules, treaties, regulations, and international agreements. All individuals who access Volu-Sol’s website assume the responsibility of abiding by the US export laws, rules, treaties, regulations, and international agreements along with applicable foreign laws when transferring, selling, importing, exporting, re-exporting, deemed exporting, diverting, or otherwise disposing of such products and services.