TERMS OF SERVICE
Welcome to the AssaySolution.com. AssaySolution.com is an online shopping site provided by Assay Solution, Inc. (referred to here as "Assay Solution" or "AssaySolution" or "we" or "us" or ”our”). These terms and conditions apply to your use of the AssaySolution.com Web Site (the ”Web Site”) and other services owned or operated by Assay Solution. Assay Solution may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting the modified terms and conditions on AssaySolution.com.
By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of service please do not use this site.
All our products are sold for research use only, except as expressly stated otherwise on the instruction manual and no further distribution is allowed without written permission. Except as otherwise declared, these products are not to be administered to humans and are not suitable for diagnostic and/or therapeutic purposes. Purchasers of our products agree to comply with the provisions of applicable federal, state, and local statutes, rules, regulations, orders, and ordinances in any use that they may make of our products.
Assay Solution reserves the right to discontinue sales of any products or to change product descriptions and/or specifications at any time without prior notification. Furthermore, Assay Solution reserves the rights to withhold, cancel, or suspend shipment of any products in cases of force majeure including, but not limited to labor troubles, war, civil unrest, accidents, acts of God, and government regulations/restrictions. No Terms and Conditions other than those stated herein, and no modification of these Terms or Conditions, shall be binding on Assay Solution without Assay Solution’s written consent.
Our products are shipped from our shipping point. Freight or shipping charges are prepaid and added to the invoice, except as otherwise agreed in writing. Packaging, mode of dispatch and way of dispatch are chosen by Assay Solution, unless expressly agreed otherwise in writing. Risk of loss on all products shipped by Assay Solution shall pass to purchasers upon transfer of those products to carrier. Assay Solution shall not be liable for any loss, damage or delay during the course of shipment.
Any terms specified in customer purchase orders or other supporting documents other than product, quantity, price, shipping dates, and recitals of obligations to comply with applicable laws are specifically rejected.
Payment terms are net 30 days after the date of invoice; past due accounts may be charged up to 1.5% interest per month. Purchased Assay Solutionproducts are subject to the following terms and conditions of sale. These terms cancel and supersede all other terms, documents, or oral representations that relate to the purchase of products from AssaySolution. Assay Solution reserves the right to perform subsequent deliveries only against cash on delivery or advance payment.
Sales Tax (for US customers only)
Purchaser is solely responsible for any applicable sales, use, or similar tax and agrees to indemnify Assay Solution for any such tax if not properly paid. Sales tax will be added when shipping to jurisdictions where Assay Solution is responsible for collecting sales tax unless the receiving party has exempt information on file with Assay Solution.
Information and Technical Support
Information on processing and application possibilities for the products supplied by Assay Solution technical guidance and other data, in particular, on technical data sheets, are given according to the best of our knowledge, however, are not binding, and any liability shall be excluded. In particular, free verbal or written application advice as well as supply of personnel does not relieve the Purchaser from checking the materials himself for their fitness for the intended processes or purposes and for the danger of violating potential protection rights of third party.
Goods may not be returned for credit except with Assay Solution's permission, and then only in strict compliance with Assay Solution's return shipment instructions. Certain items may not be returned for credit. These items include: diagnostic reagents, refrigerated or frozen products; ELISA kits; reagents and standards which have expiration dates; custom products or special orders; products missing labels, parts, or instruction manuals; and books, computer software and equipment removed from their original packaging. All items must be returned in the same conditions as sent, in the original packages and have all original labels. A 20% restocking fee applies to all returns. Shipping and handling charges are not refunded. Buyer is responsible for return shipping charges.
The failure of Assay Solution to insist on the performance of any of the Terms or Conditions or to exercise any right hereunder shall not be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under the Terms and Conditions.
Warranty and Liability
Assay Solution warrants that its products shall conform to the description of such products as provided to Buyer by Assay Solution through Assay Solution's catalog, analytical data or other literature. THIS WARRANTY IS EXCLUSIVE, AND Assay Solution MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Assay Solution's warranties made in connection with this sale shall not be effective if Assay Solution has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Assay Solution.
Assay Solution's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Assay Solution's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Assay Solution's sole discretion, upon the return of such products in accordance with Assay Solution's instructions. Assay Solution SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF Assay Solution 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, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY ASSAY SOLUTION’S GROSS NEGLIGENCE. If Assay Solution receives no notice of defects within 5 days from delivery of product, the products shall be deemed to have been free of any defects. Notices of defects shall only be taken into account if the same are given in writing and without delay upon delivery of the products to purchaser and by presenting the bill of delivery note.
Assay Solution does not warrant that the use or sale of the products delivered under will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
Products purchased or received under this Agreement are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any Product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such United States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.