Terms and Conditions of Sales
CAUTION AVA Biomedicalʼs products are for investigational use in laboratory animals or other tests that do not involve human subjects. NOT FOR HUMAN Use. TERMS OF SALE These terms and conditions of sale (”Agreement”) exclusively govern the sale of all products and/or services(”Products”) sold by AVA Biomedical, Inc. (”Seller”) to its customer (”Purchaser”) unless previously agreed to in writing and signed by an authorized representa- tive of Seller and Purchaser. Whether this form is deemed an offer, and acceptance or a confirmation, Seller expressly conditions its sale of Products on Purchaserʼs assent to these terms, notwithstanding any differences, additions, or conflicting terms proposed by Purchaser. No modifications or additions to the terms set forth in this Agreement shall be valid unless in writing and signed by an authorized repre- sentative of Seller and Purchaser. SHIPPING AND HANDLING FOB Shipping Point. Freight and insurance prepaid in a manner designated by Seller. Service charge will be added to the invoice for expedited shipping or specialized service requests. Dates for delivery are estimates only. Minimum order size is $50. PAYMENT TERMS All invoices shall be payable within 30 days after the date of the invoice. If Purchaser fails to pay the full amount when due, the Purchaser agrees to pay Seller interest at the greater of: (a) a rate of .5% per month; or (b) the highest rate legally permissible on the amount (including interest) due and owing Seller from the date the payment is due. Purchaser also agrees to pay all collection costs, expenses and reasonable attorney fees for collection of any amount due and unpaid. Without prejudice to any of its other rights, Seller may withhold shipments of Products if Purchaser has not paid an invoice when due. Visa and Mastercard , American Express are ac- cepted. WARRANTY Limited Warranty Seller warrants the original purchaser that the Product, including accessories, shall be free from defects in materials and workmanship under normal use, if used in accordance with any documentation accompanying the Product. Disclaimer of Warranties THE FOREGOING EXPRESS WARRANTY, AS CONDITIONED AND LIMITED, IS IN LIEU OF AND EXCLUDES ALL OTHER WARRAN- TIES WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller disclaims responsibility for the suitability of the Product for any particular purpose. This disclaimer is dictated by the many ele- ments which are beyond Sellerʼs control, such as conditions under which Product is used, handling of Product after it leaves Sellerʼs possession, execution of recommended instructions for use and others. Limitation of Remedies The original purchaserʼs exclusive remedy shall be, at the Sellerʼs sole option, the repair or replacement of the Product. THIS IS THE EXCLUSIVE REMEDY. IN NO EVENT WILL SELLERʼS LIABILITY ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE IS BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY. TORT OR OTHERWISE) EXCEED THE PRICE OF THE PRODUCT AND IN NO EVENT SHALL SELLER BE RESPONSIBLE FOR CONSE- QUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO. LOST BUSINESS, REVENUES AND PROFITS. Retuned Goods Prior authorization from Seller is required before a return will be accepted. Standard products may be returned within 45 days of receipt in saleable condition by obtaining a RA number from Seller. Seller will provide full credit for Product shipped in error, damaged, or defective when shipped. Product returned for any other reason other than above will be subject to a 20% restocking charge.