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TCI AMERICA TERMS AND CONDITIONS
Terms and Conditions of Use
Notes on Usage
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Terms and Conditions of Sale
Payment terms are net 30 days (to approved accounts). VISA, MASTERCARD, and AMERICAN EXPRESS are also accepted forms of payment. F.C.A. Shipping Point.
Every effort will be made to maintain pricing for the catalog time period, but prices are subject to change without notice. Prices will be confirmed at the time of order entry.
FOR BULK QUANTITIES PLEASE INQUIRE.
METHODS OF SHIPMENT
Regardless of method of shipment, D.O.T. and I.A.T.A. regulations require the use of special packaging for certain hazardous chemicals. Additional charges for hazardous packaging and transportation will be added to the invoice. We will notify the customer of these costs when orders are placed and will attempt to reduce the costs by consolidating compatible items.
Charges will be imposed on catalog items returned due to your error.
Orders over $30.00 will have a 20% minimum restocking charge imposed.
Orders less than $30.00 will not be authorized for return.
Items which are proven defective or non-conforming to our specifications will be replaced at no charge or, at our discretion, credit issued upon receipt of returned goods.
All claims for replacement or credit must be made within 10 days of receipt of goods.
Our liability for any and all claims, losses or damages arising for any cause, including our negligence, shall in no event exceed the purchase price of the materials with respect to which the cause arose. In no event shall we be liable for incidental or consequential damages.
Bulk, Custom Synthesis, and Special Order items are non-cancellable.
The hazards, physiological and toxicological properties of most of our chemicals have not yet been fully investigated and/or determined. Therefore, all of our chemicals should be handled with the utmost caution when they are used, stored or during disposal. TCI America makes no guarantee of any results and assumes no liability for damage to any person, persons or property resulting from incorrect handling, storage, usage or disposal of our products. TCI America is not responsible for conditions and actions which are beyond our control.
SAFETY DATA SHEETS (SDS)
Every effort is made to provide current known information. However, the nature of new research chemicals precludes complete knowledge. TCI America makes no claim as to the completeness, correctness, currency, or comprehensiveness of information provided in our SDS'. TCI America's products are intended for use by qualified professionals only, who are familiar with the potential hazards, and have been fully trained in proper safety, laboratory and chemical handling procedures.
HAZARDOUS MATERIAL DISPOSAL
All waste disposal of chemicals should be handled only by individuals who have received specific chemical education and training and who are conversant with chemical handling and safety procedures. Since the hazards and physical properties of any chemical may not yet be fully determined, only technically qualified persons familiar with potential hazards should be responsible for their disposal.
The following reference books may be used as a resource:
The Manufacturing Chemists Associations "Guide for Safety in the Chemical Laboratory", published by Van Nostrand Reinhold, New York, 1972.
"Prudent Practices for Handling Hazardous Chemicals in Laboratories", 1981, and "Prudent Practices for Disposal of Chemical from Laboratories", 1983, published by National Academy Press, Washington, D.C.
When known, hazard class, Merck Index, Chemical Abstract and RTECS Numbers are provided for each chemical. TCI America does not accept any responsibility for this information's correctness, completeness, or that it may fully provide all hazardous properties of each chemical. Chemicals may be extremely toxic or otherwise hazardous. The absence of warning as to these conditions cannot and should not be interpreted as an indication of safety.
All products should be handled only by individuals familiar with their potential hazards and who have been fully trained in proper safety, laboratory, and chemical handling procedures. SDS' will be provided as required by OSHA's Hazard Communication standard.
If a product is hazardous, the product description will carry a number of 1-9. This number is for one of the nine classes determined by the UN Committee of Experts on the Transport of Dangerous Goods. The UN classes relate to the type of hazard:
2. Compressed gases
3. Flammable and combustible liquids
4. Flammable solids, spontaneously combustible materials, and materials that are dangerous when wet
5. Oxidizers and organic peroxides
6. Toxic materials
7. Radioactive materials
8. Corrosive materials
9. Miscellaneous hazardous materials
CHEMSTEWARDS - Road to Continuous Improvement
TERMS & CONDITIONS OF SALE
1. ACCEPTANCE GOVERNING PROVISIONS
2. CHANGES, CANCELLATIONS
3. DELIVERY, CLAIMS, DELAYS, RETURNS
Immediately upon Buyer's receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller's written disposition. If Buyer shall fail to so notify Seller within 10 days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.
Seller 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 Seller's reasonable control, including without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act regulation or request affecting the conduct of Seller's business, 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.
Goods may not be returned for credit except with Seller's written permission, and then only in strict compliance with Seller's return of shipment instructions.
4. ALLOCATION OF GOODS
6. TAXES AND OTHER CHARGES.
Due to special handling requirements and the hazardous nature of products sold, additional charges for hazardous packaging and transportation will be added to the invoice.
THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by the Seller.
"Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products provided to Seller's satisfaction to be defective or non-conforming shall be, in Seller's sole discretion, (1) the replacement of such products without charge or (2) refund of the purchase price upon the disposition of such products in accordance with Seller's instructions.
SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LAW WITH RESPECT TO GOODS SOLD OR TECHNICAL SERVICES RENDERED BY SELLER, OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES."
8. COMPLIANCE WITH LAWS, REGULATIONS.
9. BUYER'S USE OF PRODUCTS.
Buyer acknowledges that Seller's products are intended primarily for laboratory use and they may not be on the inventory of Existing Chemical Substances defined pursuant to the Toxic Substances Control Act (TSCA). Seller assumes no responsibility to assure that products purchased hereunder may be used in a commercial application as defined under TSCA.
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. 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 instructions, if any, furnished by seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled, or used as starting material or components of other products, Buyer will verify Seller's assay of the products.
Buyer agrees to indemnify and hold Seller harmless from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that Seller may sustain or incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort or other theory of law, by Buyer, its officers, agents or employees, its successors or assigns, and its customers, whether direct or indirect, in connection with the use of Seller's products, or by reason of Buyer's failure to perform the obligations herein contained. Buyer shall notify Seller within 15 days of Buyer's receipt of knowledge of any accident involving Seller's products resulting 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 shall not constitute an assumption of any liability by Seller.
10. PATENT DISCLAIMER.
11. TECHNICAL ASSISTANCE.
B. Binding Effect. All provisions and terms of the contract between Buyer and Seller shall inure to the benefit of and become binding upon the heirs, executors, administrators, successors, representatives, receivers, trustee, and assigns of the parties.
C. Assignability. Neither this agreement nor any right or interest hereby granted to the Buyer whether under the contract between Buyer and Seller or otherwise shall be assigned by the Buyer or by operation of law without the prior written consent of an authorized officer of Seller and any assignment without such written consent shall be null and void and shall not bind Seller.
D. BUYER, HAVING CAREFULLY READ ALL PROVISIONS OF THIS AGREEMENT, ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT AND AGREES THAT THE TERMS CONTAINED HEREIN SHALL SUPERCEDE THOSE TERMS IN THE PURCHASE ORDER WHICH ARE CONFLICTING, INCONSISTENT OR CONTRADICTORY THEREWITH, AND THAT IT HAS NOT RELIED UPON THOSE REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE GOODS EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.