Terms And Conditions
These Terms and Conditions govern the purchase of Instruments from American Laboratory Trading (hereinafter “ALT” or “Seller”) by Buyer.
“Buyer” is defined as the organization or individual issuing the Order to Seller
“Instruments” are defined as all products and services to be supplied by Seller under the Order.
“Order” is defined as the purchase order issued by Buyer for the Instruments, together with these Terms and Conditions, and any attachments and exhibits.
These Terms and Conditions, available online on Seller’s website, are incorporated by reference into the Order, and constitute an offer by Buyer to purchase the Instruments from Seller pursuant to these Terms and Conditions. An Order is accepted upon receipt of payment, approved Order, and/or an agreed upon deposit via an approved form of payment. Upon Seller’s acceptance of an offer from Buyer, a binding agreement between Buyer and Seller is created.
Seller requires pre-payment prior to shipment of items unless otherwise agreed in writing. Seller accepts net 30 payment terms under the following conditions: a) Printed Order with purchase order number from a university or government agency; or b) approved Buyers who complete a credit application inclusive of Dunn & Bradstreet data which is accepted by Seller.]. Seller accepts the following forms of payment: checks, money orders, bank wires, ACH transfers, credit card payments (Master Card, Visa, American Express) up to $5,000. Credit card fees are not charged to the customer. If payment is made with a personal check, such payment will not be deemed made until the funds are released from Seller’s bank.
Buyer may choose between a 90-day limited warranty (free of charge) and an optional one-year fee-based warranty on all Instruments. With either warranty, ALT warrants the product sold against defects in materials and workmanship for the warranty period, which commences on the date of receipt by the Buyer. The warranties offered hereunder cover all parts, labor and shipping.
If a defect exists, and ALT is obligated under its 90-day or one-year warranty, Buyer is required to contact ALT technical support to obtain a Return Merchandise Authorization (RMA) prior to shipping the Instrument to ALT for repair. ALT, in its sole discretion, may approve on-site service of certain Instruments. Otherwise, at its option, upon return of an Instrument, ALT will repair the Instrument at no charge, using new or refurbished replacement parts or exchange the Instrument with an Instrument that is at least functionally equivalent to the original Instrument. If Seller is unable to repair or replace such Instrument within a reasonable period, Seller shall have the option of providing a refund of the purchase price of the Instrument.
This warranty does not cover (i) any software installed on Instruments, (ii) routine maintenance or service, breakage, or damage by misuse, intentional or unintentional abuse or neglect, or (iii) consumables.
ALT expressly disclaims all other warranties, express or implied, including the warranties of merchantability or fitness for a particular purpose or intended use. ALT Is not responsible for damages to facilities, other equipment, products, property or personnel of others, or of their agents. In any event, ALT’s total liability is limited to the lesser of actual damages or the original cost of the Instrument as stated on the Order.
The Buyer’s sole and exclusive remedies under an ALT warranty are set forth in this section. All warranty claims must be made in writing within the warranty period. All claims not made within the warranty period will be deemed waived by the Buyer.
ALT is not responsible for any additional costs of repair caused by poor packaging or in-shipment damage during return.
PACKING, SHIPPING, INSURANCE
ALT carefully packs Instruments according to guidelines recommended by freight forwarders. Packing and shipping fees are paid by Buyer unless otherwise noted and insurance fees are built into the shipping fee. Seller uses ‘best way’ to ship Instruments to Buyer, however Buyer may use their own forwarder should they choose to do so. Buyer is obligated hereunder to thoroughly examine packaging upon arrival and make a notation of any damage prior to signing for acceptance. Once accepted, Buyer assumes all liability for any physical damage identified and/or incurred after the point of acceptance. Buyer has the obligation to notify Seller in writing within 24 hours after acceptance of any damaged Instruments.
Buyer may cancel an Order at any time prior to shipping for a full refund minus a 20% service fee. After shipping but prior to acceptance by Buyer, Seller reserves the right to offer a credit towards a future purchase in lieu of a full refund minus a 20% service fee.
ALT does not sell software licenses unless otherwise noted. Software is provided free of charge (unless otherwise noted) pre-loaded on certain Instruments as a courtesy and for testing purposes only. Seller’s warranty does not include any coverage for software on such Instruments.
ALT collects sales tax for sales delivered to Connecticut and California. If Buyer is tax exempt or partially tax exempt, proof is required. For Buyers receiving delivery in states other than Connecticut and California, Buyer is responsible for applicable sales tax.
LIMITED LIABILITY/RISK OF LOSS
Seller shall not be deemed liable for delays and/or non-delivery of shipment for circumstances outside of Seller’s control. The risk of loss shall pass to Buyer upon acceptance of the shipment and it is recommended that Seller secure insurance and/or a contingency action in the event of an equipment failure at Buyer’s location. Buyer shall indemnify and hold harmless Seller against any and all claims, obligations or liabilities including court costs and attorney’s fees.
Neither party will be liable for any delay or failure in performing its obligations under the Order to the extent that such delay or failure is caused, without such party's fault or negligence, by a Force Majeure Event. For purposes of these Terms and Conditions, a "Force Majeure Event" refers to the occurrence of unforeseeable and/or unavoidable circumstances beyond a party's control that, by their nature, make such party's performance commercially impractical, including, but not limited to, acts of God or the public enemy, fire, flood, acts of war, government action, accident, earthquakes, explosion, epidemic, invasion, hostilities, terrorist acts, riots, strike, embargoes or industrial disturbances. A party's economic hardship or changes in market conditions are not considered Force Majeure Events excusing such party's performance. Seller will notify Buyer promptly if a Force Majeure Event occurs, and will use all diligent efforts to end the failure or delay of its performance, ensure that the effects of any Force Majeure Event are minimized and resume performance under the Order. If a Force Majeure Event prevents Seller from carrying out its obligations under the Order for a continuous period of more than thirty (30) days, Buyer may terminate the Order immediately by giving written notice to Seller.
`The Order shall be deemed entered into in the state of Connecticut, regardless of contract or other choice of law provisions. the laws and judicial decisions of the state of Connecticut shall be used to determine the validity, construction, interpretation and legal effect of this agreement. Buyer and Seller agree that any action relating to or arising out of this agreement, shall be brought in the courts of the state of Connecticut. any applicable federal, state, local and foreign laws, rules, regulations, ordinances, decrees, and orders including, but not limited to, restrictions on exporting or importing software, hardware, or technical information shall apply to this agreement. Buyer agrees to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this order.
Seller reserves the right to amend these Terms and Conditions at any time.
Effective as of July 2017