PharmaMountain applies laws required by the government and records of suspicious sales may bemade available to law enforcement. We only provide the chemical servicerequired by those customers who are willing to be subjected to the terms andconditions below. The placing of a purchase order implies acceptance of theseterms and conditions.
Allorders are shipped FOB Seller's shipping point. Shipping charges will be automaticallyadded to the invoice when shipment freight terms are prepay and add. Buyer'sorder may be subject to handling charges if needed. Buyer may request shipmentby freight collect, if desired. All prices are listed in US dollars. PRICES ANDPRODUCT DESCRIPTIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. Shipment will bemade promptly even if prices have been nominally increased. In the absence ofagreed credit terms, PharmaMountain reserves the right to request payment incleared funds prior to shipment of orders. Where credit terms are agreed, ourpayment terms are net 30 days of invoice, unless otherwise stated. Writtenquotations are guaranteed for 15 days.
2. Taxes and other charges
Salestax, duty, custom, or any other tax, fee or charge imposed by any governmentalauthority on the transaction between Seller and Buyer shall be paid by Buyer inaddition to the prices quoted or invoiced. In the event Seller is required topay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, inlieu of such payment, Buyer shall provide Seller at the time the order issubmitted an exemption certificate or other document acceptable to theauthority imposing the tax, fee or charge.
Paymentterms are net 30 days from invoice date unless otherwise agreed in writing. TheSeller reserves the right to request advance payment at its discretion.Accounts 30 days past due are subject to a 3% late charge per month on theunpaid balance. For overseas transactions the Buyer shall pay all of theSeller's banking charges. The Buyer shall not be entitled to withhold orset-off payment for the Products for any reason.
4. Order Changes/Cancellations
Nochange or addition by Buyer of any term or condition of this contract or any ofSeller's rights or remedies hereunder shall be binding on Seller, nor shall theorder hereby acknowledged be changed or cancelled by Buyer unless approved inwriting by an authorized officer of PharmaMountain Inc.. There are norepresentations, agreements, promises, or understandings between Buyer andSeller that are not expressed herein.
5. Shipping and Returns
Sellerurges the Buyer to inspect all packages immediately upon receipt and inform theSeller of any shortage, damage or quality problem within three days. Otherwise,such Products shall conclusively be deemed to conform to the terms andconditions hereof and to have been irrevocably accepted by the Buyer. Allreturns must be authorized by the Seller and might be subjected to restocking andshipping fee. All items approved for return must be in unused and resalablecondition. All items must be returned within 30 days of Buyer's receiving them.Buyer must include with each return a copy of the Seller's invoice, Seller'sreturn authorization number, and the reason for the return.
6. Limited Warranty
Itis Buyer's responsibility testing the material to confirm that it matches thespecification of compound before using it. There will be no warranty or refundif any problem is found after the material has been used.
Sellerwarrants materials to be of the stated quality at the time of sale. There is nowarranty, express or implied, as to the fitness of these products for anyparticular purpose. The Seller's sole and exclusive liability is to replace theproduct without charge or to refund the purchase price upon the return of suchproducts in accordance with Seller's instructions. In no event shall the Sellerbe liable for incidental or consequential damages of any kind.
6. Conditions for Use and patents
Allproducts are for RESEARCH AND DEVELOPMENT LABORATORY USE, not for human oranimal application, and should be handled only by competent, suitably trainedpersons, familiar with laboratory procedures and potential chemical hazards.All compounds are supplied on the condition that the customer alone accepttotal responsibility for their use and any misuse, and for safe disposal of allsuch compounds. No warranty or representation is given by the Seller that theProducts do not infringe any letters patent, trademarks, registered designs orother industrial rights. Seller reserves the right, in its sole discretion, tolimit sales of products or not to sell products to any customers,notwithstanding the receipt and acceptance of an order. Notwithstanding thegenerality of the foregoing, Seller reserves the right not to deliver productsto private individuals and/or to what is or may appear to be a residentialaddress.
7. Governing Law
Thisagreement and matters connected with the performance thereof shall beconstrued, interpreted, applied, and governed in all respects by the laws ofthe State of North Carolina.
8. Hazards, Buyer's Use
Allof Seller's products shall be handled only by qualified and trainedindividuals. In purchasing these products, the Buyer acknowledges that thereare hazards associated with their use. Buyer represents and warrants to Sellerthat from Buyer's own independent review and study it is fully aware andknowledgeable about (a) the health and safety hazards associated with thehandling of the products purchased; (b) industrial hygiene controls necessaryto protect its workers from such health and safety hazards; (c) the need toadequately warn of health and safety hazards associated with products; and (d)government regulations regarding the use of and exposure to such products.
9. No Waiver; Remedies
Sellers failure to enforce any rights hereunder shall notbe construed as a waiver of such rights, a continuing waiver, or a waiver inany other instance. The rights and remedies of Seller are cumulative and inaddition to other rights and remedies available at law or in equity.
10. Force Majeure
Sellershall not be liable to Buyer or be deemed to be in breach of contract by reasonof any delay in performing, or any failure to perform, any of Sellersobligations in relation to the products, if the delay or failure was due to anycause beyond Sellers reasonable control, including, but not limited to, an actof God, explosion, flood, tempest, fire or accident; war or threat of war,sabotage, insurrection, civil disturbance or requisition; acts, restrictions,regulations, bye-laws, prohibitions or measures of any kind on the part of anygovernmental, regulatory or local authority; import or export regulations,embargoes and/or sanctions (whether UN, EU and/or US sanctions or otherwise);strikes, lock-outs or other industrial actions or labor disputes (whetherinvolving our employees or those of a third party); difficulties in obtainingraw materials, labor, fuel, parts or machinery; and power failure or breakdownin machinery.