Terms and Conditions of Sale
J&W PharmLab ("Seller") will supply the chemical ("Product") or service required by the buyer ("Buyer") subject to the terms and conditions below. The placing of a purchase order implies acceptance of these terms and conditions. ALL SALES ARE ACCEPTED AND SHIPPED STRICTLY SUBJECT TO THESE TERMS AND CONDITIONS. AND NO OTHER TERMS AND CONDITIONS PRINTED ON BUYER'S PURCHASE ORDER OR OTHERWISE, SHALL BE APPLICABLE TO YOUR ORDER.
All prices are shown in U.S. dollars and are subject to changes without prior notice. Confirmation of our current price will be made by email when you place your order. Written price quotations are valid for 30 days.
2. Taxes and other charges
Sales tax, use tax, duty, custom, or any other tax, fee or charge imposed by any governmental authority on the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; 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.
The payment term for credit accounts is NET 30 DAYS from the invoice date unless otherwise agreed in writing. The Seller reserves the right to request advance payment at its discretion. 1.5% per month finance charge will be applied to an account for overdue invoices. For first time customers, payment in advance may be required until credit has been established. For overseas transactions the Buyer shall pay all of the Seller's banking charges. The Buyer shall not be entitled to withhold or set-off payment for the Products for any reason whatsoever.
Products are shipped via Fedex/UPS two-Day service unless customers specify their carrier of choice. Unless specified, the customer is responsible for all shipping costs. For international shipments, in addition to shipping charges, the customer is responsible for any applicable tariff and VAT charges. In general, the point of origin is New Brunswick NJ, USA. Title to the shipment passes to the customer upon delivery to the carrier.
Products may not be returned for credit without prior authorization and shipping instruction from the Seller. The Buyer shall inspect goods immediately upon receipt and inform the Seller promptly of any damage or discrepancies. Should an item be shipped to you incorrectly, as the result of an error on our part, we will take quick and appropriate action to correct the problem. All claims for replacement, credit, or refund must be made within Fifteen (15) days of receipt of products. Failure to do so shall constitute a waiver by buyers for any and all such claims. Prior authorization by J&W PharmLab is required for all items to be returned. 20% processing fee may be imposed on items returned due to the Buyer’s error.
6. Order change or cancellation
Orders arising hereunder may be changed or amended only by written agreement signed by both the Buyer and the Seller. Buyer may cancel an order only by providing actual notice to J&W PharmLab, Inc prior to the start of PRODUCT production, Cancellation of an order during PRODUCT production shall result in a charge of thirty-five (35) percent of the cost of the original order. UPON COMPLETION OF PRODUCTION FOR AN INDIVIDAL PRODUCT, NO CANCELLATION OF AN ORDER SHALL BE ALLOWED.
7. Warranty & Liability
J&W PharmLab’s sole obligation and the Buyer's exclusive remedy with respect to Products proved to J&W PharmLab's satisfaction to be defective or nonconforming shall be return of such products to J&W PharmLab, and refund of the purchase price actually paid therefore by the Buyer. J&W PharmLab shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by J&W PharmLab, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, J&W PharmLab specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the purchaser's customers or any third party for any such damages. J&W PharmLab SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
The Buyer shall indemnify J&W PharmLab from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that J&W PharmLab may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the purchasers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder.
8. Conditions for Use
All products are for research and development laboratory use only, not for human or animal application, and should be handled only by competent, suitably trained persons, familiar with laboratory procedures and potential chemical hazards. All compounds are supplied on the condition that the customer alone accepts total responsibility for their use and any misuse, and for safe disposal of all such compounds.