The policies below may not apply to orders placed with International Distributors. Please contact them directly to find out their individual terms and conditions.
Acceptance of Terms
By purchasing and accepting delivery of products supplied by Absolute Standards ("company," "seller," "we," "our," or "us"), you ("customer," "buyer," "you," or "your") agree to be bound by these terms and conditions. These Terms and Conditions together with any Sales Confirmation comprise the entire agreement between the parties (collectively, this "Agreement"). Terms or conditions in any other form or other document submitted by you which are inconsistent with, or in addition to, this Agreement are rejected, objected to and shall be deemed void and of no force or effect. This contract and the Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, USA.
Prices, Orders, Changes/Cancellations
Prices are in US dollars and are subject to change without notice.
Shipping and handling fees will be applied to all orders.
No change by Buyer of any term or condition of the Agreement or any of Seller's rights or remedies hereunder shall be binding on Seller, nor shall the order thereby acknowledged be cancelled or changed by Buyer, unless Seller shall expressly consent thereto in writing by Seller's authorized officer. There are no representations, agreements, promises or understandings between Buyer and Seller that are not expressed herein.
Absolute Standards reserves the right to refuse cancellation of custom quotations which have been ordered
Customer acknowledges that Absolute Standards may not be able to produce all custom products due to unforeseen technical and experimental difficulties. Absolute Standards reserves the right at its discretion to cancel such Services at any time and terminate the Agreement without liability to Absolute Standards or the Customer.
Any specified delivery dates are estimates only and do not represent a promise by Absolute Standards to deliver Products at a certain date. Absolute Standards shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform due to any cause beyond Absolute Standards' reasonable control, including but not limited to unsuccessful reactions, act(s) of Buyer, embargo or other governmental act, regulation or request affecting the conduct of Absolute Standards' business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices.
Delivery, Claims, Delays, and Returns
Unless specified otherwise, all sales are FCA, Absolute Standards, in Hamden, CT USA.
Products are delivered in accordance with DOT or IATA regulations as required, and Hazardous shipping charges may apply.
The Buyer must immediately inspect the Products when delivered. Any Products which are damaged, defective or incorrect must be reported in writing to Absolute Standards immediately. Absolute Standards at its sole discretion may elect to replace or refund the Customer for these Products. If you fail to notify Absolute Standards within seven (7) days after the order has been delivered to you, said order shall be conclusively deemed to conform with the terms and conditions hereof and to have been irrevocably accepted by Buyer.
Returns will not be accepted by Absolute Standards without its prior written authorization. Requests for return authorization must be made within seven (7) days after the order has been delivered to you. Authorization for return or acceptance of returned Products does not constitute waiver of any amounts due to Seller by Buyer.
Some orders may not be returned including, but not limited to, custom products, special orders, refrigerated or frozen materials and opened materials.
Terms of sales are Net 30 from the date of the Invoice unless otherwise stated. Absolute Standards reserves the right to require an advanced deposit of up to 100% of the purchase price at the time of order, or any time prior to delivery, as a condition of sale. In the event that you fail to pay for an order, or are overdue on payments, Absolute Standards may hold any orders that have been placed, but not yet shipped. Additionally, Absolute Standards may change your terms, and reserves the right to require pre-payment for future orders.
Absolute Standards accepts the following as its forms of payments: VISA, MasterCard, American Express, electronic funds transfer ("EFT")
New, first-time customers are required to pay for Products via one of the above accepted credit cards.
Catalog items may be returned with prior authorization, but may be subject to a restocking fee (up to 15%).
As stated above, Absolute Standards reserves the right to refuse cancellation on custom quotations and thus requires payment as per the original terms.
Additional fees may be added to invoices paid by credit card or wire transfer.
Absolute Standards reserves the right to withhold the reporting of Proficiency Testing ("PT") results in the event you fail to pay for an order, or are overdue on payments for previous orders.
Taxes and Other Charges
Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to price quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefor or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
Use of Products
Absolute Standards' Products are intended for laboratory and research only, to be used by trained personnel only. Products are not to be used for other purposes, including but not limited to as, or a component in, food, drugs, medical devices (including in vitro diagnostic reagents), household chemicals, cosmetics, or as a pesticide, unless otherwise stated by Absolute Standards in writing furnished to the Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test, use and market any products purchased from Seller and any final articles made from them in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted
Products are not for resale, unless prior explicit approval has been granted by Absolute Standards.
Unless specified differently in writing, Seller warrants that its products shall conform to the description of such products as provided in the Seller's catalog. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURCHASE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined in its sole discretion, that Buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by the Seller and/or in accordance with any material safety data sheet. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be the replacement of such product without charge or refund of the purchase price, at Seller's sole discretion, upon the disposition of such products in accordance with Seller's instructions. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES
Governing Law, Disputes
All disputes allegedly arising from the legality, interpretation, application, or performance of your order, the Products or any of the Terms and Conditions shall be governed by the laws of the State of Connecticut including its conflict of laws principles. Each party agrees that any dispute arising between them which results in either party instituting court proceedings shall be litigated in the State of Connecticut, USA.
The parties agree to waive, to the fullest extent permitted by law, any and all rights to a trial by jury in connection with any dispute.