Alichem ("Seller") will supply the chemical ("Product") or service required by the buyer ("Buyer") subject to the terms and conditions below.
All orders are placed, accepted and performed strictly subject to these general terms and conditions.
All orders placed by the Buyer with the Seller shall take the form as prescribed by the Seller and provided to the Buyer from time to time.
An order is considered to have been accepted by Seller only when a corresponding written acceptance of such an order is issued by Seller to Buyer ("Confirmed Order").
All prices are in U.S. dollars and FOB San Diego, California, unless otherwise agreed in writing.
2. 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.
Payment terms are net 30 days from invoice date unless otherwise agreed in writing. The Seller reserves the right to request advance payment at its discretion. For overseas transactions, the Buyer shall pay all of the Seller's banking charges. The Buyer shall not be entitled to withhold or set-off payment for the Products for any reason whatsoever.
4. Shipping and Returns
The Buyer shall inspect goods immediately on receipt and inform the Seller of any shortage, damage or quality problem within 15 days. If the Buyer fails to do so, such Products 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. All items 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 a return form with, include but not limited to, a return authorization number, the reason for the return and all other requested information filled.
Seller cannot accept for return any open chemicals or items provided by the Seller on a "Special Order".
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 warrants materials to be of the stated quality at the time of sale. There is no warranty, express or implied, as to the fitness of these products for any particular purpose. The Seller's sole and exclusive liability is to replace the product without charge or to refund the purchase price upon the return of such products in accordance with Seller's instructions. In no event shall the Seller be liable for incidental or consequential damages of any kind.
No warranty or representation is given by the Seller that the Products do not infringe any letters patent, trademarks, registered designs or other industrial rights.
6. Conditions for Use
All products are for research and development laboratory use only, not for human or animal application, not for drug use, household use or other use, and 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 the customer alone accept total responsibility for their use and any misuse, and for safe disposal of all such compounds.
7. Governing Law
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.
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