Terms and Conditions
AOBChem (“Seller”) will supply the chemical “(Product”) or service require by the buyer (“Buyer”) subject to the terms and conditions below. Placing of an order implies acceptance of these terms and conditions.
All prices are listed in US Dollars. Prices and product descriptions are subject to change without notice. If the prices or availability have changed, Seller will notify buyer and seek approval before processing the order.
Taxes and other charges
Sales tax, duty, custom, or any other tax, fee or charge imposed by any governmental authority on 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.
Seller’s payment terms are Net 30 days of invoice, unless otherwise agreed. Seller reserves the right to request advance payment at its discretion. Accounts 30 days past due are subject to a 1.5% late charge per month on the unpaid balance. For overseas transactions Buyer shall pay all Seller's banking charges. Buyer shall not be entitled to withhold or set-off payment for the Products for any reason whatsoever.
Shipping and Returns
Buyer shall inspect the product immediately upon receipt, and inform Seller of any shortage, damage or quality issues within 10 business days. If buyer fails to inform seller of such issue, the product shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the buyer.
All returns must be authorized by the Seller and may be subject to a restocking charge. Products approved for return must be in unused and resalable condition. They must be returned within 30 days of Buyer's receiving them. Buyer must include with each return a copy of Seller's invoice, Seller's return authorization number, and the reason for the return.
Delivery of Products to the carrier at Seller’s location or to other loading point shall constitute delivery to Buyer, and regardless of shipping terms, all risks of loss or damage in transit shall be borne by Buyer.
The Seller 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 or any other breach affecting, any installment shall not relieve Buyer of the Buyer's obligations to accept remaining deliveries. Although Seller shall use all reasonable efforts to meet the contracted delivery date, such date is an estimate only. Seller shall not be liable for any loss, damage or penalty as result of any delay in or failure to manufacture, deliver to any cause beyond Seller's reasonable control, including unsuccessful reactions, embargo or other governmental act, regulation or request affecting the conduct of the Seller's business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties.
Toxic Substance Control Act (TSCA)
Seller does not warrant that its products are listed in the chemical substances inventory under the Toxic Substances Control Act (TSCA). Buyer represents and warrants that the use of products purchased from Seller will be in full compliance with the act and its regulations.
Seller warrants that its products shall conform to the description of such products as provided to the Buyer by the Seller in the Seller's product listing, analytical data or other literature. Seller shall not be liable under this warranty if Seller determines, in its sole discretion that Buyer has misused the products in any manner; has failed to use the products in accordance with industrial standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by the Seller. It is Buyer's responsibility testing the material to confirm that it matches the specification of compound before using it. There will be no warranty or refund if any problem is found after the material has been used. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or non-conforming shall be 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 instructions. Seller shall not in any event be liable for direct, indirect, incidental 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 work in progress, down time, loss of revenue or profits, failure to realize savings, 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 or for any damage or loss occasioned by such product including death, personal injury or property damage.
Buyer’s User of Products
Seller’s products are intended for research and development use. Unless otherwise stated by Seller, products are not to be used for any other purpose. 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. The Products from seller should be handled only by competent, suitably trained persons, familiar with laboratory procedures and potential chemical hazards. All compounds are supplied on the condition that Buyer alone accepts total responsibility for their use and any misuse, and for safe disposal of all such compounds. 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. No products purchased from Seller shall, unless otherwise stated, be considered foods, drugs, or medical devices.
The responsibility of all patent considerations in the use of our chemicals rests solely with Buyer. Suggestions and recommendations for the use are not to be taken as a license to operate under or to infringe any patent.
This agreement and matters connected with the performance thereof shall be construed, interpreted, applied, and governed in all respects by the laws of the State of California.