PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND
ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE
FORMAL PURCHASE AGREEMENT WITH LabShops.com, IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and LW
Scientific, Inc. (hereinafter referred to as "LabShops"). The Customer
accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your" shall
relate to the Customer; references to "LabShops" shall relate to LabShops.com
, its Authorized Dealers and Service Centers, and its affiliates.)
The terms and conditions of this Sale Agreement are subject to change
without prior notice, except that the terms and conditions posted on
the Site at the time the Customer initially places or modifies an order
will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer
and LabShops.com relating to the purchase or sale of goods or services on the
Site. The Sale Agreement may only be modified or terminated with regard
to goods or services that have been purchased or sold on the Site in
a writing signed by LabShops.com. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement.
The Customer consents to receiving electronic records, which may be
provided via a web browser or e-mail application connected to the Internet;
consumers may withdraw consent to receiving electronic records or have
the record provided in non-electronic form by contacting LabShops.com.
In the event of any conflict between the terms and conditions stated
on your purchase order and this Sale Agreement or any terms and conditions
on our invoice, you agree that the provisions of this Sale Agreement
and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF NEW JERSEY, USA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN GWINNETT COUNTY, GEORGIA, USA FOR PURPOSES OF ANY SUIT, ACTION
OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title | Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery
of the goods to the purchaser, unless otherwise specified. Loss or damage
that occurs during shipping by a carrier selected by LabShops.com is the responsibility
of LabShops.com. Loss or damage that occurs during shipping by a carrier selected
by Customer is Customers responsibility. Title to software will remain
with the applicable licensor(s).
Export Sales
If goods herein being purchased are being purchased for purposes of
export, the Customer must obtain from the federal government certain export
documentation before shipping to a foreign country. Any and all liability
is only for the products purchased.
General Legal Disclaimer
LabShops.com HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
Pricing and Information Disclaimer
All pricings are subject to change. For all prices, products and offers,
LabShops.com reserves the right to make adjustments due to changing market conditions,
product discontinuation, manufacturer price changes, errors in advertisements
and other extenuating circumstances.
While LabShops.com uses reasonable efforts to include accurate and up-to-date
information on the Site, LabShops.com makes no warranties or representations
as to the Sites accuracy. LabShops.com assumes no liability or responsibility
for any errors or omissions in the content on the Site.
Limits of Liability
LabShops.com will not be liable for lost profits, loss of business or other
consequential, special, indirect, or punitive damages, even if advised
of the possibility of such damages, or for any claim by any third party
except as expressly provided herein. LabShops.com will not be liable for products
or services not being available for use or for lost or corrupted data
or software. Customer agrees that for any liability related to the purchase
of products or services, LabShops.com is not liable or responsible for any amount
of damages above the aggregate dollar amount paid by customer for the
purchase(s) under this agreement.
Orders | Payment Terms | Interest | Taxes
Orders are not binding upon LabShops.com until accepted by LabShops.com. Terms of
payment are within LabShops.coms sole discretion. Invoices are due and payable
within the time period noted on the invoice, measured from the date of
the invoice. LabShops.com may invoice parts of an order separately. Customer
agrees to pay interest on all past-due sums at the highest rate allowed
by law. The Customer is responsible for sales and all other taxes associated
with the order.