Terms And Conditions Of Sale - International
These terms and conditions of sale for International customers, along with related documents, shall constitute the entire agreement between Science First and the customer. No terms may be modified without written authorization from Science First. If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provisions.
Orders. All orders must be accepted and verified by Science First in its Buffalo, New York (USA) facility by authorized personnel. All orders accepted by Science First shall subject the customer to the jurisdiction of the courts of the United States and the state of acceptance. Upon submission to, and acceptance of, an order by Science First, the customer warrants that it is purchasing the products for the purpose of importing them to the country specified in the order, without any re-export or diversion, unless otherwise agreed to in writing by Science First. Please call us for quotations on large numbers of items.
Shipping Damage. Customer must inspect packages within seven (7) days of receipt for any damage to product due to shipping and report any damaged product to the carrier and to Science First. Damage reports received after seven (7) days may result in Science First being unable to be reimbursed for damaged goods, and customer may be liable for payment of damaged goods. Save all packaging material in event of receipt of damaged product so a claim may be filed. In the event of any obvious damage to the outer container, note damage when signing for the goods, or refuse delivery of the goods.
Claims for Missing Items. Do not throw out any packaging material until you have checked package contents thoroughly. Small items may become lost among packaging materials. Contact us for replacement of the missing items within seven (7) days of receipt of the goods. Failure to contact Science First within this time frame may result in Science First being unable to send out replacement items.
Returns, Repairs, Replacements. Please call for a return number (RMA) for any return or repair. Returns are only accepted within thirty (30) days of date of invoice. Write the RMA number on the outside of the carton. Product returned without an RMA number will be refused. We cannot accept returns on STARLAB products, Digital STARLAB products, Made to Order products, product modifications, and custom products, unless our error. We reserve the right to apply restocking charges (at least 20% of invoice amount plus shipping) to any returned product unless our error. Any returned product must be shipped freight prepaid to our facility, unless arranged otherwise before returning the shipment.
Payments and credits. Unless otherwise agreed, all export sales are made on condition that Purchaser make payment by cash in advance at the time of order in US dollars. At this time, credit cards, company checks, money orders, and wire transfers are the only accepted methods of payment for orders. Customer agrees to apply all credit balances within one year of issuance, else they shall become the property of Science First.
Shipping, freight and importation. Freight is FOB Buffalo, New York U.S.A. and is prepaid and added to invoices on all orders, unless otherwise specified by Customer. At Science First's option, freight policy for export orders may be subject to special terms and conditions. Science First will ship an order in entirety (complete) unless otherwise instructed by Customer. Title and risk of loss shall pass to Purchaser on delivery to the common carrier or vessel in the United States. If product is damaged in transit, we will assist Purchaser with filing a claim with the carrier, vessel, and/or insurance company. Customer shall be responsible for any and all duties, taxes, tariffs, etc. associated with importation of the product. Under no circumstances shall Science First pay these charges. Additionally, Customer shall be responsible for legally obtaining all necessary permits or licenses necessary for importation of products from Science First.
Products, warranties. Customer warrants that it has no right, title or interest in the trademarks or copyrights in the products carried by Science First, and Purchaser covenants that it will take no action to register or otherwise interfere with such rights. Science First maintains a database of warranty and other product information on products contained within its catalog. As a service to customers, Science First will supply such information to customers that request it. Science First carries products manufactured to United States standards, and as such, may not meet local standards. Customer agrees to verify that products do meet these standards prior to ordering. Science First shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of Science First in the conduct of its business. Purchasers are responsible for verifying suitability and compatibility of products before purchase.
Limited Warranty. Your purchase of items branded Science First®., Project Star®, Trippensee®, Wildlife Supply Company® (Wildco®) are warranted against defects in workmanship and materials for a period of 90 days from the original purchase date. Your purchase of items branded STARLAB® or Digital STARLAB® are warranted against defects in workmanship and materials for a period of one year days from the original purchase date. Should there be a defect or malfunction of the product, Science First will repair or replace the product (at Science First’s option) free of charge other than shipping charges, which remain the responsibility of the Purchaser. This limited warranty excludes replacement of burned-out lamps and items manufactured and branded by other manufacturers but resold by Science First (for example, Sharp projectors), which are warranted by their original manufacturer. This limited warranty is void if the product has been subjected to damage, unreasonable use, improper service, modification, or other causes not arising from defects in original materials or workmanship.
THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OTHER THAN THOSE STATED HEREIN, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Governing law, dispute resolution. These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of New York, United States of America. Any legal action with respect to any transaction must be commenced within eighteen months after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of New York, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply. Actions by Science First for nonpayment by the Purchaser of the purchase price of products sold by Science First, or for redress of other breaches by the Purchaser of the Terms and Conditions of Sale, may be brought by Science First, at its option, before any judicial court of competent jurisdiction. At Science First's option, disputes between the Purchaser and Science First, including all claims for non-performance by Science First, shall be finally settled by arbitration in Buffalo, New York, USA under the Rules of the American Arbitration Association, which Rules with respect to matters not regulated by them shall incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of New York, USA.
Limitation of Liability. SCIENCE FIRST (INCLUDING SCIENCE FIRST’S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, SCIENCE FIRST IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER SCIENCE FIRST NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN EIGHTEEN (18) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN EIGHTEEN (18) MONTHS FROM THE DATE OF LAST PAYMENT.
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