CFC Scientific Inc (“Seller”) will supply the chemical (“Product”) or service required by the buyer (“Buyer”) subject to the terms and conditions below. The placing of a purchase order by the buyer implies acceptance of these terms and conditions herein contained.
All prices are listed in U.S. dollars and FOB Edmonton, Canada. Prices are subject to change without prior notice. Products and prices are correct at the time of printing but are subject to change without notice. Current prices will be confirmed at the time your order is placed. Written quotations are guaranteed for 21 days.
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. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
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. Accounts 30 days past due are subject to a 10% late charge per month on the unpaid balance. 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
It is our policy to combine safety and economy to provide the quickest, most efficient method of transportation. Whenever possible, we will ship by the method specified by the customer. Shipment of hazardous items is governed by the Ministry of Transportation and the International Air Transport Association (IATA). Products that require special packaging and shipping may incur additional charges per shipment. CFC Scientific Inc., adheres to all regulations governing the transportation of our products.
The Buyer shall inspect goods immediately on receipt and inform the Seller of any shortage, damage or quality problem within five days. 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 18 days of Buyer’s receiving them. Buyer must include with each return a copy of the Seller’s invoice, Seller’s return authorization number, and the reason for the return.
Risk in the products will pass to the Buyer at the time of delivery or if the Buyer or agent fails to take delivery of the products at the time when the Seller has tendered delivery of the products. Where the risk in the products has not passed to the Buyer; the Seller shall accept responsibility for loss or damage in transit provided that it is given written notice of such damage within two days of the actual delivery date. The Seller reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery or any other breach affecting, any installment shall not relieve the Buyer of the Buyer’s obligations to accept remaining deliveries. Although the Seller shall use all reasonable efforts to meet the contracted delivery date, such date is an estimate only. The Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver to any cause beyond the Seller’s reasonable control, including unsuccessful reactions, embargo or other governmental act, regulation or request affecting the conduct of the Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties.
6. Warranty and Liability
The Seller warrants that its products shall conform to the description of such products as provided to the Buyer by the Seller in the Seller’s product listing, analytical data or other literature. The Seller shall not be liable under this warranty in the event that the Seller determines, in its sole discretion that the Buyer has misused the products in any manner; has failed to use the products in accordance with industrial standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by the Seller. 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. The Seller shall not in any event be liable for direct, indirect, incidental or special damages of any kind resulting from any use or failure of the products, even if the Seller 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 the Buyer or other use or any liability of the Buyer to a third party on account of such loss or for any labor or any other expense or for any damage or loss occasioned by such product including death, personal injury or property damage.
7. Buyer’s User of Products
All products are intended primarily for research and development laboratory use only, and unless otherwise stated in the Seller’s product listing furnished to the Buyer; are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs or medical devices. The Buyer acknowledges that the Seller has not tested the products for safety and efficacy in food, drug or medical devices, unless otherwise stated in the Seller’s literature furnished to the Buyer. The Buyer expressly represents and warrants to the Seller that the Buyer will properly test, use, manufacture and market any products purchased from the Seller and/or materials produced with products purchased from the Seller. The Products from the seller 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 accepts total responsibility for their use and any misuse, and for safe disposal of all such compounds. The 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 the Seller. No products purchased from the Seller shall, unless otherwise stated, be considered to be foods, drugs, or medical devices
8. 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 Canada.