Terms and Conditions of Sale
All sales are subject to the following terms and conditions: LimitedWarranties
Limitation of Liability/Purchaser‘s Indemnity
ALL ORDERS ARE ACCEPTED AND SHIPPED STRICTLYSUBJECT TO THESE GENERAL TERMS AND CONDITIONSAND NO OTHER TERMS AND CONDITIONS PRINTED ONBUYER‘S PURCHASE ORDER OR OTHERWISE, SHALL BEAPPLICABLE TO YOUR ORDER.
Method of Shipment
Whenever possible, we will ship products by the method specifiedon your order. We work closely with Deutsche Post, TNT, andDHL and find we can service you best when using these carriers.We will be happy to utilize other carriers based on your requirements;however, we must reserve the right to alter these instructions,in which case, we will select the most appropriate and costeffective method. Certain poisonous, reactive, corrosive or otherchemicals may require a barrier bag, steel can, and/or other specialpackaging for shipment. There will be additional charges for thesepackages. Our Customer Service Representatives will advise youof the charges at the time the order is placed. We strive to minimizethese costs through efficient packaging.
Terms and Prices
All orders are shipped FOB seller‘s shipping point. Your order maybe subject to handling charges. We can also ship freight collect, ifdesired. All prices are listed in euros. PRICES ARE SUBJECT TOCHANGE WITHOUT NOTICE. In cases where the selling priceshave changed significantly, we will contact you for approval priorto shipping your mailed, faxed, or electronically-transferred order.OUR PAYMENT TERMS ARE NET 14 DAYS OF INVOICE,UNLESS OTHERWISE STATED. DELAYED PAYMENT IMPOSESA FINE of EUR 10.00 for the first reminder, which is sentafter the payment deadline and EUR 20.00 for the second reminder,which is sent earliest 2 weeks after the first reminder.
No change by Purchaser of any term or condition of this contractor any of Seller‘s rights or remedies hereunder shall be bindingon Seller, nor shall the order hereby acknowledged be changed orcancelled by Purchaser unless approved in writing by an authorizedperson of PlasmaChem GmbH. There are no representations,agreements, promises, or understandings between Purchaser andSeller that are not expressed herein.Claims for Lost or Damaged ShipmentsWe urge you to inspect all packages immediately upon receipt andreport any damage, shortage or defect to our Customer ServiceDepartment as soon as possible. CLAIMS FOR THESE DISCREPANCIESMUST BE MADE WITHIN 30 DAYS OF YOUR RECEIVINGTHE MATERIALS. All products are sold FOB seller‘sshipping point unless otherwise noted. Delivery of goods to thecarrier at seller‘s plant or to other loading point shall constitutedelivery to Buyer, and regardless of shipping terms, all risks of lossor damage in transit shall be borne by Buyer.
Some materials are not returnable to PlasmaChem GmbH, including,but not limited to, custom or special order materials, leakingor damaged chemicals, items with missing or obliterated labels,parts or instructions, refrigerated or frozen materials and openedmaterials. Returned shipments cannot be accepted by Plasma-Chem GmbH unless prior arrangements have been made. If it isnecessary to return any materials, contact our representative toobtain a return authorization number. REQUESTS FOR RETURNAUTHORIZATION NUMBERS MUST BE MADE WITHIN 30DAYS OF YOUR RECEIVING THE MATERIALS. Only itemsauthorized by seller for return will be accepted. Final dispositionof returned goods will be made only after receipt and inspectionof goods. Collect shipments will not be accepted unless previouslyauthorized. Material must be received on or before the ReturnAuthorization expiration date. Material returned requiring disposalmay incur additional charges. A 20% restocking fee is charged oncatalogue items returned, subject to a minimum charge of EUR20.00 and a maximumcharge of EUR 150.00.
Uses and Patents
Our materials are offered for laboratory and manufacturing useonly. They are NOT intended for use as drugs, food additives, cosmetic,household chemicals, or other inappropriate applications.The listing of a material in this catalogue does not constitute a licenseto, or a recommendation for, its use in infringement of anypatent. We reserve the right to limit sales of products or not to sellproducts to unqualified customers.
The information included in this catalogue has been obtained fromnormally reliable and dependable sources and is correct to the bestof our knowledge; however, we cannot guarantee it as such. WEMAKE NO OTHER REPRESENTATIONS OR WARRANTY OFANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY,FITNESS FOR PARTICULAR PURPOSE, OR ANYOTHER MATTER WITH RESPECT TO OUR PRODUCTS,WHETHER USED ALONE OR IN CONNECTION WITH ANYOTHER SUBSTANCE.Limited Liability/Purchaser‘s IndemnityClaims for rejected, non-conforming product, or any other claimagainst us, must be made in writing and must be received and acknowledgedby us in writing within thirty (30) days of customer‘sreceipt of the product in question. Any claims not satisfying thiscondition shall be deemed waived. Upon the approved return ofany such product, we shall have the option to replace such productwith conforming product or to return the purchase price tocustomer, at our sole discretion. PURCHASER‘S EXCLUSIVEREMEDY, FOR ANY CAUSE OR CLAIM WHATSOEVER,INCLUDING BUT NOT LIMITED TO ALLEGED BREACHOF WARRANTY, PRODUCT LIABILITY, NEGLIGENCE, OROTHERWISE, SHALL BE FOR MONEY DAMAGES IN ANAMOUNT NOT TO EXCEED THE PURCHASE PRICE PAIDBY PURCHASER FOR THE PRODUCT IN RESPECT TOWHICH THE CLAIM IS MADE. IN NO EVENT SHALL WE BELIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIALDAMAGES, WHETHER PURCHASER‘S CLAIM IN CONTRACT,NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.IN CONSIDERATION OF THE SALE OF PRODUCT TOPURCHASER, WHICH SALES WE WOULD NOT OTHERWISEMAKE, PURCHASER AGREES TO INDEMNIFY ANDHOLD US HARMLESS FROM ALL CLAIMS, EXPENSES,LOSSES AND LIABILITY OF ANY NATURE WHATSOEVERARISING OUT OF PURCHASER‘S HANDLING AND/OR USEOF PRODUCT, WHETHER USED ALONE OR IN COMBINATIONWITH ANY OTHER SUBSTANCE.
Material Safety Data Sheets
Each shipment of chemicals and/or pure elements is accompaniedby a Material Safety Data Sheet in compliance with OSHA HazardCommunication Standard. If one is not immediately available, acopy will be sent via mail as soon as possible. We strongly recommendthat customers use this information to ensure proper useand that the health and safety of all are protected. We furnish theinformation on each Material Safety Data Sheet without warranty.HazardsAll of our products should be handled only by qualified and trainedindividuals. In purchasing these products, the customer acknowledgesthat there are hazards associated with their use. Customerrepresents and warrants to us that from customer‘s own independentreview and study it is fully aware and knowledgeable about(a) the health and safety hazards associated with the handling ofthe products purchased; (b) industrial hygiene controls necessaryto protect its workers from such health and safety hazards; (c) theneed to adequately warn of health and safety hazards associatedwith products; and (d) government regulations regarding the use ofand exposure to such products.