Terms of sale
BIOTREND Chemicals, LLC
136 South Holiday Road, unit C
Destin, FL 32550
All of the products offered by BIOTREND Chemicals, LLC are for “Research Use Only”; they are not intended for use in diagnostic procedures or therapeutic use. As such, only technically qualified individuals should handle them. They are not intended for human or veterinary use, and may not be resold without the written authorization of BIOTREND Chemicals, LLC. Please ensure all written instructions have been read and are understood by the end user prior to use.
GENERAL TERMS OF SALE
1. With this order the buyer accepts our general terms of sale. Any deviations from our general terms of sale, in particular terms and conditions of the buyer, shall only apply if they have been confirmed by BIOTREND Chemicals, LLC in writing.
2.BIOTREND Chemicals, LLC shall not be responsible and shall be held harmless for patent infringement or other violation that may occur with the use of its product.
3. All prices are quoted in $ (US Dollars) and are valid only in the USA and Canada. Prices may change according to the daily rate. The buyer shall be notified of any changes immediately.
4. BIOTREND Chemicals, LLC requires an authorized purchase order or credit card when placing orders with a purchase order number provided by the customer. Orders placed with a purchase order are invoiced at net 30 days, after credit approval. A monthly interest rate of 1.5% is charged on all unpaid accounts after 30 days. BIOTREND Chemicals, LLC may require prepayment on certain orders. For credit card orders, Visa or MasterCard is accepted. The type of card used, name on the card, card number; expiration date,V-code (3 or 4 digit code located on the front or back of the card), and billing and shipping address is required when the order is placed. Unless otherwise agreed, invoices shall be payable within 30 days net cash. In the case of default BIOTREND Chemicals, LLC shall be entitled to charge the highest rate of interest allowable by law. Bills of exchange and checks shall only be accepted as conditional payment. If the buyer defaults on payment of an invoice, all debts of the buyer owed to BIOTREND Chemicals, LLC shall immediately become due. In this case we shall also be entitled to withhold delivery of further goods or to deliver them only against advance payment.
5. Storage conditions are indicated on the product label and/or the product data sheet, which can be downloaded from our website at www.biotrend-usa.com. Some product components require separate storage temperatures. Storage conditions for components must be maintained.
6. Chemicals that are subject to the US Drug Enforcement Administration (DEA) regulation may only be delivered to institutions that send BIOTREND Chemicals, LLC an import permit from the DEA for the relevant product/quantity. (Controlled drug). A $120 fee will be charged for each delivery to cover customs and regulatory administration fees.
7. The handling charge is $20 and shipping charge is $55 on all deliveries. If the buyer should demand a specific transport route, e.g. for express deliveries, the buyer shall bear any additional costs incurred. For deliveries with dry ice BIOTREND Chemicals, LLC shall charge an additional $55. BIOTREND Chemicals, LLC shall charge transport costs of $120 for the transport of products marked as radioactive. For orders below $65, a small-quantity surplus of $20 will be charged. Please enquire about special prices for large or special orders. All consignments shall travel at the buyer's risk and expense.
8. The buyer shall report defects or other non-conformity within 2 days of receipt of the goods in writing. If the complaints are justified BIOTREND Chemicals, LLC shall deliver a replacement or credit the customer at its discretion.
9. BIOTREND Chemicals, LLC shall neither exchange goods delivered nor shall accept back delivered goods. Any return deliveries made without prior agreement shall be returned to the sender at his risk and expense.
10. BIOTREND Chemicals, LLC shall be held harmless by buyer from claims for damages due to non-delivery or late delivery or due to possible defects of the delivery unless evidence is provided that BIOTREND Chemicals, LLC was acting with specific intent.
11. BIOTREND Chemicals, LLC is not responsible for breakage and the resulting consequences of breakage. If delivery was made impossible due to circumstances beyond the control of BIOTREND Chemicals, LLC or is no longer reasonable, BIOTREND Chemicals, LLC shall be exempt from its obligation to deliver.
12. The delivered goods shall remain the property of BIOTREND Chemicals, LLC until full payment of all liabilities arising out of the business relationship with the buyer. The buyer shall be entitled to re-sell the reserved goods in the due and proper course of business; but he shall not be permitted to pledge or transfer them by way of security. The buyer by executing this agreement assigns in advance all debts from re-sale of the reserved goods to BIOTREND Chemicals, LLC. BIOTREND Chemicals, LLC hereby accepts this advance assignment. Regardless of the assignment and the collection right, the buyer shall be entitled to collection on condition that he meets his obligations towards BIOTREND Chemicals, LLC and does not suffer a deterioration of assets. On demand the buyer shall provide the information on assigned debts necessary for collection and shall inform debtors of such an assignment. BIOTREND Chemicals, LLC shall release the securities due to it according to the above provisions at its discretion on the buyer's demand in so far as the value exceeds that of the secured debt by 20%. The buyer shall immediately notify BIOTREND Chemicals, LLC of any enforcement measures of third parties against the reserved goods or against the debts assigned in advance, submitting the necessary documents for BIOTREND Chemicals, LLC to intervene.
13. In the event of default by the buyer of any provision of this agreement, BIOTREND Chemicals, LLC shall be entitled all damages resulting from such default.
14. Destin, Florida shall be the place of performance. This agreement shall be construed according to the laws of the State of Florida and venue for any claim arising from this agreement shall lie in Walton County, Florida. This applies to claims resulting from checks and bills of exchange. Should any provision hereof be or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision shall be reinterpreted to conform with the intended aim and object, where legally admissible.
15. Warranties: BIOTREND Chemicals, LLC warrants that at the time of shipment, the product is free from defects in materials and workmanship. This warranty is in lieu of any other warranty expressed or implied, and biotrend chemicals, llc hereby specifically excludes any implied warranty of merchantability or implied warranty of fitness for a particular purpose.BIOTREND Chemicals, LLC must be notified of any breach of this warranty within 48 hours of receipt of the product. No claim shall be honored if BIOTREND Chemicals, LLC is not notified within this time period or if the product has been stored in any way other than that outlined on the product packaging, in the product data sheet and/or in a kit insert. The sole and exclusive remedy of the customer for any liability based upon this warranty is limited to the replacement of the product or refund of the invoice price of the goods