“Seller” means Heparinbuildinblocks LLC “Products” “Goods” means the items described in the orders to be supplied by Seller to the Buyer pursuant to this Agreement “Buyer” “Purchaser” means the other party to this agreement
The Seller (Heparinicbuildingblocks.com) shall not accept returned goods without prior approval and then only in compliance with the Seller’s return shipment instructions. Unauthorized returns will not be accepted or credited. Particular goods may not be returned for credit; these items include, but are not limited to, custom products or special orders. The Buyer must contact the Seller’s customer service department for a Returns Document Form. A Returns Document Form will be sent to the Buyer that should be completed and returned with the goods. If the Buyer orders incorrectly the Seller reserves the right to charge a 20% restocking fee and will only accept the returned goods unopened in the original packaging. In this case return shipping costs are also at the Buyer’s expense. Chemicals should never be returned via the postal system.
Buyers’ orders may not be cancelled unless the Seller agrees to such cancellation in writing. In the event of a cancellation, the Seller will advise the Buyer of the total charge for such cancellation, and the Buyer agrees to pay such charges, including, but not limited to, the costs of producing non-standard materials, the costs of purchasing non-returnable materials, cancellation costs imposed on the Seller by its suppliers, any storage and shipment costs and any other costs resulting from the cancellation of the order by the Buyer which is permitted by the Seller.
The Seller provides Material Safety Data Sheets on request, in accordance with current legislation; the goods supplied are for supply to qualified personnel only. The goods should be used in facilities designed for chemical, biological and allied research only and not for human or animal consumption. Goods should be stored in accordance with details provided on the Material Safety Data Sheet and labels. Precautions should be taken to ensure that contact between goods and skin, eyes or other mucous membranes is avoided using where necessary protective clothing and air extraction.
(A) The Seller shall not be liable to the Buyer (i) For shortages in quantity delivered unless the Buyer notifies the Seller of any claim of short delivery within 7 days of receipt of goods (ii) Where goods are carried by the Seller’s own transport or by a carrier on behalf of the Seller for damage in transit to the goods apparent upon a reasonable inspection or loss in transit of the goods or any part thereof unless the Buyer shall notify the Seller of any such claim within 14 days of receipt of the goods or the scheduled date of delivery whichever shall be the earlier iii) For defects in the goods caused by any act, neglect or default of the Buyer or of any third party iv) For other defects or non-conformances in the goods unless notified to the Seller within 14 days of receipt of the goods by the Buyer or where the defect or non-conformance would not be apparent upon reasonable inspection within 3 months of delivery.
(B) The Seller may inspect goods to determine whether there is a shortage in the delivery quantity or whether goods are damaged or defective or non-conforming either by asking the Buyer to return them or by sending a nominated person to inspect the goods while still in the Buyer’s possession or by inspecting a representative sample of the goods that is in the Seller’s possession. If the Seller agrees with the Buyer that the goods were either short-delivered, damaged or defective or non-conforming then the Sellers only and exclusive liability and the Buyer’s exclusive remedy with respect to goods proved to the Seller’s satisfaction to be defective or non-conforming shall, in the Seller’s sole discretion, be either the replacement of the goods without charge or the refund of the purchase price, upon the return of the goods in accordance with Seller’s instructions.
(C) The Seller’s aggregate liability to the Buyer whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the cost of the defective, damaged or under-delivered goods determined by net price invoiced to the Buyer in respect of any occurrence or series of occurrences.
(D) The Seller’s prices are determined on the basis of the limits of liability set out in this Condition. The Buyer may by written notice to the Seller request the Seller to agree a higher limit of liability provided insurance cover can be obtained therefore. The Seller shall affect insurance up to such limit and the Buyer shall pay upon demand the amount of any and all premiums. The Buyer shall disclose such information as the insurer shall require. In no case shall the Buyer be entitled to recover from the Seller more than the amount received from the insurers.
(E) Without prejudice to any other provisions herein where a shelf-life is specified for the goods (in any relevant data sheet or other document available to the Buyer) the Seller shall have no liability for any degradation to the goods after the expiry of such shelf-life and for any resulting loss to the Buyer and any other person, firm or company.
(F) Subject to the foregoing all conditions, warranties and representations expressed or implied by statute, common law or otherwise in relation to the goods are hereby excluded and the Seller shall be under no liability to the Buyer for any loss, damage or injury direct or indirect resulting from defective material, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Seller, its employees or agents save that the Seller shall accept liability for death or personal injury caused by the negligence of the Seller.