Terms and Conditions of Sale

The policies below may not apply to orders placed with International Distributors. Please contact them directly to find out their individual terms and conditions.

Contents:
• Acceptance of Terms
• Orders, Quotations, Changes/Cancellations
• Delays
• Delivery, Claims, Delays, and Returns
• Payment
• Taxes and other charges
• Use of Products
• Warranties
• Governing Law, Disputes

Acceptance of Terms: By purchasing and accepting delivery of products supplied by AccuStandard you agree to be bound by these terms and conditions. Terms or conditions in any other form or document submitted by you which are inconsistent with, or in addition to, these Terms and Conditions are rejected, and are deemed void with no force or effect. This contract and the Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, USA.

Orders, Quotations, Changes/Cancellations:

• Prices are in US dollars and are subject to change without notice.
• Once your order is accepted by AccuStandard any changes or cancellations require written approval of AccuStandard.
• All custom quotations, once accepted/ordered by the customer, cannot be cancelled without payment. Customer acknowledges that AccuStandard may not be able to produce all custom products (including synthesis products) due to unforeseen technical and experimental difficulties. AccuStandard reserves the right at its sole and absolute discretion to cancel such Services at any time and terminate the Agreement without liability to AccuStandard or the Customer. In such cases the Customer shall only be liable for payment of the Services performed by AccuStandard as of the date of the cancellation notice.
• A handling fee will be applied to all orders.

Delays:

• Any specified delivery dates are estimates only and do not represent a promise by AccuStandard to deliver Products at a certain date. AccuStandard 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 due to any cause beyond AccuStandard’s reasonable control, including but not limited to so-called “Acts of God” or “force majeure events.”

Delivery, Claims, Delays, and Returns:

• Unless specified otherwise, all sales are FCA, AccuStandard, in New Haven, CT USA.
• Goods are delivered in accordance with DOT or IATA regulations as required, and Hazardous shipping charges may apply.
• The Buyer must immediately inspect the Goods that are delivered. Any Goods which are damaged, defective or incorrect must be reported in writing to AccuStandard immediately. AccuStandard at its sole and absolute discretion may elect to replace or refund the Customer for these Goods. If you fail to notify AccuStandard within seven (7) days after the order has been delivered to you, said order shall be conclusively deemed to conform with the terms and conditions hereof and to have been irrevocably accepted by Buyer.
• Returns will not be accepted by AccuStandard without its prior written authorization. Requests for return authorization must be made within seven (7) days after the order has been delivered to you. Authorization for return or acceptance of returned goods does not constitute waiver of any amounts due to Seller by Buyer. A restocking fee may apply.
• Some orders are not returnable including, but not limited to, custom products, special orders, items with missing or obliterated labels, refrigerated or frozen materials and opened materials.

Payment:

• Terms of sales are Net 30 from the date of the Invoice unless otherwise stated. AccuStandard reserves the right to require an advanced deposit of up to 100% of the purchase price at the time of order, or any time prior to delivery, as a condition of sale. In the event that you fail to pay for an order, or are overdue on payments, AccuStandard may hold any orders that have been placed, but not yet shipped. Additionally, AccuStandard may change your terms, and reserves the right to require pre-payment for future orders.
• 1.5% monthly finance charge may apply to overdue accounts.
• Catalog items may be returned with prior authorization, but are subject to a restocking fee.
• As stated previously, Custom Products once accepted/ordered by the customer cannot be cancelled and must be paid for as per the original terms.
• Additional fees may be added to invoices paid by credit card or wire transfer.

Taxes and other charges:

• AccuStandard shall not be responsible for the payment of any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction, with the sole exception of any sales taxes invoiced and collected from you by AccuStandard.

Use of Products:

• AccuStandard’s Products are intended for laboratory and research use by trained personnel. They are not to be used for other purposes, including but not limited to as, or a component in, food, drugs, medical devices (including in vitro diagnostic reagents), household chemicals, cosmetics, or as a pesticide, unless otherwise stated by AccuStandard in writing furnished to the Buyer. The Buyer expressly represents and warrants to the Seller that the Buyer will properly test and use all products in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with applicable federal and state food, drug, device, cosmetic, environmental, and other relevant laws and regulations, now existing and hereinafter enacted.
• Our products are not for resale, unless prior explicit approval has been granted by Seller.

Warranties:

• AccuStandard warrants that its products shall, at the time of delivery, conform to the description of such products as provided to you by AccuStandard.
• This warranty is exclusive and AccuStandard makes no other warranty, express or implied, as to merchantability or fitness for any particular purpose. AccuStandard’s sole and exclusive liability and your exclusive remedy with respect to products proved to AccuStandard’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price. AccuStandard 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 AccuStandard has been advised of the possibility of such damage, including, without limitation, liability for loss of use, cost of capital, loss of work in progress, down time, loss of revenue or profits, failure to realize saving, any liability of buyer to a third party or for any labor or any other expense, damage or loss occasioned by such product including, but not limited to personal injury or property damage unless such personal injury or property damage is caused by AccuStandard’s gross negligence. AccuStandard’s liability for damages hereunder shall in no case exceed the contract price for the specific products that give rise to the breach. BUYER’S EXCLUSIVE REMEDY SHALL BE MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE PAID BY BUYER FOR THE PRODUCT FOR WHICH THE CLAIM IS MADE. Buyer agrees to indemnify and hold Seller harmless for all claims, losses, and liability any nature whatsoever arising out of Buyer’s handling and/or use of the Products, whether used alone or in combination with any other substance.
• Buyer represents and warrants that Buyer will properly test, use, manufacture and market any products purchased from AccuStandard in accordance with the practices of a reasonable person who is an expert the field and in strict compliance with all applicable laws and regulations now and hereinafter enacted.

Governing Law, Disputes

• All disputes allegedly arising from the legality, interpretation, application, or performance of your order, the Products or any of the Terms and Conditions shall be governed by the laws of the State of Connecticut including its conflict of laws principles. Each party agrees that any dispute arising between them which results in either party instituting court proceedings shall be litigated in the State of Connecticut, USA.
• The parties agree to waive, to the fullest extent permitted by law, any and all rights to a trial by jury in connection with any dispute.