Terms And Conditions

Scientific Solutions, Inc., General Sales Terms and Conditions

THIS TRANSACTION IS EXPRESSLY CONDITIONED UPON AND SUBJECT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS:

1. Acceptance – Buyer’s acceptance of the offer to purchase the products and/or services set forth on the front page made by Scientific Solutions Inc. (Sci Sol) of this quotation shall create a contract subject to and expressly limited by the terms and conditions contained on this form. Acceptance of this quotation may only be made on the exact terms and conditions set forth on this quotation; if additional or different terms are proposed by Buyer, such additional or different terms shall not become a part of the contract formed by Buyer’s acceptance of the quotation. Receipt of the products sold hereunder or commencement of the services provided hereunder shall be deemed acceptance of the terms and conditions of this quotation.
2. Taxes and Payment – Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted. In the event Sci Sol is required to prepay any such tax or fee, Buyer will reimburse Sci Sol. Payment terms shall be net thirty (30) days after shipment and are subject to credit approval.  An interest charge equal to 1 1/2% per month (18% per year) will be added to quotations outstanding beyond 30 days after shipment. In addition, Sci Sol reserves the right, in its sole discretion, to require C.O.D. payment terms from any Buyer. Sci Sol may also refuse to sell to any person until all prior overdue accounts are paid in full.
3. Delivery and Shipment – Delivery terms shall be F.O.B. Sci Sol shipping point; identification of the products shall occur when they leave Sci Sol shipping point at which time title and risk of loss shall pass to Buyer. All shipment costs shall be paid by Buyer and if prepaid by Sci Sol the amount thereof shall be reimbursed to Sci Sol. Sci Sol will make reasonable commercial efforts to ship the products or provide the services hereunder in accordance with the delivery date set forth on the reverse side hereof provided, that Sci Sol accepts no liability for any losses or for general, indirect special or consequential damages arising out of delays in delivery.
4. Warranty – The products and/or services shall be covered by the applicable manufacturer’s standard warranty, a copy of which is supplied with the products and/or services or upon request. NO OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE PRODUCTS AND/OR SERVICES. SCI SOL EXPRESSLY EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.  Any model or sample furnished to the Buyer is merely illustrative of the general types and quality of goods and does not represent that the products will conform to the model or sample. Buyer’s remedies under Sci Sol warranty shall be limited to repair or replacement of the product or component which failed to conform to manufacturer’s applicable standard warranty. SCI SOL SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR ANY OTHER INDIRECT DAMAGES RESULTING FROM ECONOMIC LOSS OR PROPERTY DAMAGE SUSTAINED BY BUYER FROM THE USE OF ITS PRODUCTS OR SERVICES.
5. Returned Goods – Sci Sol may, in its sole discretion, authorize product returns in appropriate circumstances, subject to such conditions as Sci Sol may specify. Any such return shall be subject to the express prior authorization of Sci Sol and payment by Buyer of a 25% restocking charge. No returns will be authorized after one hundred twenty (120) days following shipment to Buyer.
6. Technical Advice – Sci Sol may, at Buyer’s request furnish technical assistance, advice and information with respect to the products if and to the extent that such advice, assistance and information is conveniently available. It is expressly agreed that there is no obligation to provide such information, which is provided without charge at the Buyer’s risk, and which is PROVIDED WITHOUT WARRANTY OF ANY KIND AND IS SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY SET FORTH IN PARAGRAPH 4.
7. Sci Sol Right of Possession, etc. – Buyer hereby grants Sci Sol a purchase money security interest in the goods offered by this quotation to secure the due and punctual payment of the purchase price specified in this quotation. In the event of default by Buyer in any payment due Sci Sol, Sci Sol shall have the right, in addition to any other remedies it may have at law or in equity, to withhold shipment, to recall goods in transit and retake the same, to repossess any goods which may be stored with Sci Sol for Buyer’s account without the necessity of Sci Sol initiating any other proceedings. In addition, Sci Sol shall have all of the rights and remedies of a secured party under the California Uniform Commercial Code and may exercise all such rights and remedies in accordance therewith. Buyer shall execute such documents as Sci Sol may request to effectuate the foregoing security interest.
8. Agents, etc. – No agent, employee or other representative has the right to modify or expand Sci Sol standard warranty applicable to the products and/or services or to make any representations as to the products other than those set forth in the applicable user or operator’s guide delivered with the products, and any such affirmation, representation or warranty, if made, should not be relied upon by Buyer and shall not form a part of contract between Sci Sol and Buyer for the purchase of the products or services.
9. Fair Labor Standards – The products or services provided hereunder were produced and/or performed in compliance with the requirements of all sections of the Fair Labor Standards Act of 1938 as amended.
10. Equal Employment – Sci Sol is an Equal Opportunity Employer. It does not discriminate in any phase of the employment process against any person because of race, color, creed, religion, national origin, sex, age, veteran or handicapped status.
11. Modifications, Waiver, Termination – The contract formed by Buyer’s acceptance of this quotation may be modified and any breach thereunder may be waived only by a written and signed document by the party against whom enforcement thereof is sought.
12. Governing Law – The contract formed by Buyer’s acceptance of this quotation shall be governed by and construed in accordance with the laws of the State of California, U.S.A.

13. Compliance with Laws – Buyer shall at all times comply with all applicable federal, state and local laws and regulations, including, without limitation, the provisions of the United States Export Control Laws as may be in effect for any of the products or services, and, if products or services hereunder are used in clinical applications, all applicable rules and regulations of the United States Food and Drug Administration and/or other domestic or international agencies with respect to the application of, as the case may be, Good Clinical Practices (“GCP”), Good Laboratory Practices (“GLP”) or good Manufacturing Practices (“GMP”).
14. Additional Terms and Conditions – This quotation is also subject to any Sci Sol Special Terms and Conditions applicable to the products or services offered by this quotation, which appear on the front of this quotation. Any variance from the terms and conditions of this quotation in any order or other written notification from Buyer, will be of no effect. Should Buyer order products or services through a Sci Sol office located outside of the United States, the terms and conditions of the quotation issued by the office outside of the United States shall govern such order.
15. Arbitration – Any and all disputes or controversies arising in connection with the contract formed by Buyer’s acceptance of this quotation or the sale of products and/or performance of the services shall be resolved by final and binding arbitration in San Diego, California, under the rules of the American Arbitration Association then obtaining. The arbitrators shall have no power to add to, subtract from or modify any of these terms or conditions of this contract. Any award rendered in such arbitration may be enforced by either party in either the courts of the State of California or in the United States District Court for the Southern District of California, to whose jurisdiction for such purposes Sci Sol and Buyer each hereby irrevocably consents and submits.
16. Software – To the extent there is any software included with the products, the software is being licensed, not sold and all rights, title and interest therein shall remain with Sci Sol. Use of the software shall be in accordance with the applicable software license delivered with the products. U.S. Government Restricted Rights – RESTRICTED RIGHTS LEGEND.  Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights clause at 48 CFR 52.227-19, as applicable.
17. Force Majeure – Sci Sol shall have no liability for failure to perform, or delay in performance, in the delivery of any and all equipment manufactured or sold by Sci Sol including instruments, supplies, components, systems, chemistry, accessories, replacement spare parts, or any and all services provided by Sci Sol, caused by circumstances beyond its reasonable control including, but not limited to, acts of God, acts of nature, floods, fire, explosions, war or military mobilization, United States governmental action or inaction, request of governmental authority, delays of any kind in transportation or inability to obtain material or equipment, acts of other governments, strikes, or labor disturbances.

Order Inspection
Starting from the date of delivery, you will have 10 calendar days to open and inspect all crates/boxes. Any missing pieces must be reported during this time period, otherwise Scientific Solutions Inc will not be held responsible. If anything is missing.

Order Processing and Transit Time
Scientific Solutions Inc will ship packages within 1-2 business days after your order is received and the payment has been cleared. Orders including freight shipments that are placed before 3:00pm EST will be shipped the next business day.

Delivery Address
Scientific Solutions Inc reserves the right to request written documentation confirming shipping address. For customers paying via Paypal, we will ship to your Paypal registered (confirmed) address as required by Paypal for sellers.

International Shipments
Scientific Solutions Inc will ship internationally. Shipping rates and fees may vary depending on the location and required delivery time. Please contact us for more infromation

Note: Your packages may be subject to the customs fees and import duties of the country to which you have your order shipped. These charges are always the recipient’s responsibility.

Damaged Shipments
If your shipment is clearly damaged during transit, refuse the package and have the driver document any and all damage to the package. Scientific Solutions Inc can not take responsibility for obviously damaged shipments that are accepted and signed for. For damaged, rejected shipments, Scientific Solutions Inc will file a claim with the carrier and ship a replacement once the damage inspection is complete.

If there has been damage to your shipment that is not evident on the outside of the packaging, please contact us within 5 days of the arrival of your shipment for instructions. Please be prepared to provide photos of the inside and outside of the packaging and damaged items. To ensure prompt resolution, please keep the box, all packing materials and the damaged items for inspection by the carrier.