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Terms and Condition
Acceptance of Agreement:
All sales are subject to and specifically conditioned upon the terms and conditions contained herein, and upon Purchaser's consent thereto. No variation of these terms and conditions will be binding upon R&S Chemicals unless agreed to in writing and signed by an officer or authorized representative of R&S Chemicals.
R&S Chemicals and the content of its website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, or publication of any such matters or any part of the Site or the R&S Chemicals logo is strictly prohibited without written authorization by an officer of R&S Chemicals.
Terms are net 30 days from the invoice date. R&S Chemicals reserves the right not to accept the cancellation of orders. In the event of default by Purchaser in the payment of the purchase price or otherwise, of this or any other order, R&S Chemicals, at its option, without prejudice to any other of R&S Chemicals’ lawful remedies, may defer delivery, cancel this Contract, or sell any undelivered products on hand for the account of Purchaser and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and Purchaser agrees to pay the balance then due to R&S Chemicals on demand. Purchaser 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 Purchaser in any of the terms hereof.
Prices, Taxes, Duties:
The currency is indicated on the item in the catalog will be in US dollars. Any duty, applicable taxes, freight charges and any special packaging or handling charges are excluded and will be added to the invoice and are to be paid by the Purchaser. Products and prices are correct at the time of listing but are subject to change without notice and at the full and sole discretion of R&S Chemicals. Current prices will be confirmed at the time order is placed by Purchaser.
Any written quotations by R&S Chemicals are valid for 30 days and must be approved by the Purchaser in writing prior to that time to be honored. After 30 days, at R&S Chemicals discretion it may honor the initial quote, insist on a new quote, add a service charge to recover added chemical or other costs, alter the package size and/or change the shipping method.
All orders are subject to review and additional information may be requested. R&S Chemicals reserves the right to discontinue the offering of any item without notice. R&S Chemicals also reserves the right to alter the price, pack size, and shipping method without notice and at its sole discretion.
Any alteration in order, including cancelation, requested by the Purchaser after placement of order or acceptance of written quotation must be agreed to by R&S Chemicals in writing and signed by an officer or authorized representative of R&S Chemicals. If cancelation is accepted by an officer or authorized representative of R&S Chemicals, R&S Chemicals will advise the Purchaser of the total charge for such cancellation, and Purchaser 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 costs imposed on R&S Chemicals by its suppliers, cancelation processing fee and any other cost resulting from cancellation of this order by Purchaser which is permitted by R&S Chemicals.
Delivery, claims, delays:
All orders are shipped F.O.B. shipping point (NC, USA) unless otherwise quoted. Transportation and handling charges will be applied at the prevailing rate. Delivery of the goods to the carrier at R&S Chemicals’ shipping point shall constitute delivery to Purchaser and the Purchaser shall bear all risk of loss or damage in transit. R&S Chemicals reserves the right, at its discretion, to determine the exact method of shipment. R&S Chemicals reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of Purchaser's obligations to accept remaining deliveries.
Immediately upon Purchaser's receipt of any goods shipped hereunder, Purchaser shall inspect the same and shall notify R&S Chemicals in writing of any claims for shortages, defects or damages and shall hold the goods for R&S Chemicals written instructions concerning disposition. If Purchaser shall fail to so notify R&S Chemicals within five days after the goods have been received by Purchaser, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Purchaser.
R&S Chemicals 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 R&S Chemicals reasonable control, including, without limitation, unsuccessful reactions, act of Purchaser, embargo or other governmental act, regulation or request affecting the conduct of R&S Chemicals business, including but not limited to 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.
Lost or Damaged Shipments:
Products are sold on F.O.B. basis at NC, USA as shipping point and are to be fully insured at the Purchaser's expense. It is the Purchaser's responsibility and will be at the Purchaser's expense to secure any insurance and file any insurance claims relating to any shipment from R&S Chemicals to the Purchaser or any location the Purchaser requests the shipment to be sent.
The Ministry of Transportation and the International Air Transport Association (IATA) govern the shipment of hazardous items. Products that require special packaging and shipping may incur additional charges per shipment. R&S Chemicals endeavors to comply with all regulations governing the transportation of R&S Chemicals products and also balances safety, speed, reliability, and economy when selecting the most efficient method of delivery. R&S Chemicals typically uses 2nd day air as default delivery services but will consider utilizing alternate methods if preferable to the Purchaser and complies with government regulations.
R&S Chemicals considers quality an essential criterion for every product. All chemicals listed are subjected to exacting test in R&S Chemicals’ Quality Control department for determination of purity and identity. The purity and physical constants stated in the product section and on the product, labels are minimum or typical values and may vary slightly from batch to batch. Routinely R&S Chemicals provides the batch information with the shipment of the product to the Purchaser. If more information is required by the Purchaser after delivery, at R&S Chemicals’ sole discretion it may perform additional analyses. Purity is only guaranteed by R&S Chemicals at the time of shipment and many products will lose purity if not stored and handled properly as per recommended storage conditions by the Purchaser.
Many products even if handled properly will over time lose purity due to processes beyond the control of R&S Chemicals or the Purchaser. These aged products and any loss in purity are not the responsibility of R&S Chemicals and the Purchaser assumes full responsibility and any liability for loss in purity over time after receipt of product where or not the product is handled properly by the Purchaser.
Product Uses and Handling:
The products supplied by R&S Chemicals are for research and development purposes only and the Purchaser acknowledges that these products are not for drug, household or environmental use with humans, animals, plants, or any living species. All goods sold by R&S Chemicals carry the condition that liability for any injury, loss or damage whatsoever to persons or real property resulting from the handling of the said product lies with the Purchaser or the user. Only qualified personnel trained in laboratory procedures and familiar with the potential hazards should handle all of R&S Chemicals’ chemical products. Proper handling and storage of the products will maximize their shelf-life and the Purchaser is responsible for the storage of the products to maximize shelf-life as is known in the industry for those products and to comply with any special storage instructions provided by R&S Chemicals.
Ordering and acceptance of R&S Chemicals’ goods bind the customer to these terms. The Purchaser further acknowledges that it is solely responsible for ensuring that the products are handled in an appropriate manner by suitably qualified personnel and that as the Purchaser it will take all necessary safety precautions and comply with all local, state, and federal laws and regulations governing the handling of these products. To the full extent permitted by law, R&S Chemicals makes no representations or warranties as to the suitability of the products for particular applications and the Purchaser must make its own inquiries as to the suitability or otherwise of the R&S Chemicals products to the Purchaser's specific requirements. R&S Chemicals liability in relation to the products is limited and that limited is the price paid by the Purchaser for that product. R&S Chemicals will not be liable for any loss, damage, or penalty resulting from a delay or failure to manufacture or deliver the products. The Purchaser further acknowledges that it will be responsible for payment of all taxes, duties, excise, custom, inspection and testing fees, and any other charge imposed by the government authority.
After delivery of the product, the Purchaser is responsible for all handling costs including but not limited to proper storage,packaging, and disposal of the product or any resultant material from the product.
R&S Chemicals warrants that its products shall conform to the description of such products as provided in R&S Chemicals’ catalog. This warranty is exclusive, and R&S Chemicals makes no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for any particular purpose. R&S Chemicals’ sole and exclusive liability and Purchaser's exclusive remedy with respect to products that are proved to R&S Chemicals satisfaction to be defective or nonconforming shall be the replacement of such products without charge or the refund of the purchase price, the decision of which is at the sole direction of R&S Chemicals upon the return of such products in accordance with R&S Chemicals’ instruction. R&S Chemicals shall not be liable for any incidental, consequential, special, or other damages even if advised of such potential damage. All non-conformity claims regarding the product must be brought to R&S Chemicals’ attention within five (5) business days of receipt of the product with all the supporting data for review.
R&S Chemicals 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 alone or in combination with other products or in the operation of any process. It is the sole responsibility of the Purchaser to ensure that its utilization of the R&S Chemicals products does not infringe patents and follows all government laws and regulations.
R&S Chemicals is not liable for products that no longer conform to the terms and conditions after delivery of the goods to the carrier at R&S Chemicals’ shipping point. As noted in article 11 above, the Purchaser must notify R&S Chemicals within five (5) business days with supporting data after the products have been received or such products shall be deemed to have been accepted. Many products have a shelf-life and must be treated by the Purchaser with the best practices in the industry known to increase shelf-life for that product and the Purchaser must comply with any special instructions provided by R&S Chemicals. Any return by Purchaser is at the sole discretion of R&S Chemicals and must be performed in strict compliance with R&S Chemicals instructions and must be authorized in writing by an authorized representative of R&S Chemicals.
At Purchaser's request, R&S Chemicals may, at R&S Chemicals’ sole discretion, furnish technical assistance and information with respect to R&S Chemicals’ products. R&S Chemicals makes no warranties of any kind or nature, express or implied, including any implied warranty of merchantability or fitness for any particular purpose, with respect to technical assistance or information provided by R&S Chemicals or R&S Chemicals personnel. Any suggestions by R&S Chemicals regarding the use, selection, application, or suitability of the product shall not be construed as an express warranty unless specifically designated as such in writing and signed by an officer or other authorized representative of R&S Chemicals.
All the invoices must be paid upon receipt. NET30 can be granted for some customers based on their credit and purchase history with R&S Chemicals. The NET30 invoices must be paid within 30 days of receipt. Invoices for all the 3rd party purchases must be paid in full prior to the shipment.
All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of North Carolina, USA including its conflict of laws principles. Each party to this order agrees that any dispute arising between them, which results in either party instituting court proceedings, shall be litigated in the Courts of North Carolina only.