1. PRICE. If applicable, there shall be added to the prices add to the amount of any applicable sales, use or other taxes, however designated, levied or based on such prices or on this agreement or the sale or use of the Equipment, including state and local privilege or excise taxes based upon gross revenue, and any taxes or amounts in lieu thereof. Any personal property taxes assessable on the Equipment after delivery to the carrier shall be borne by the Buyer. In the event that any item(s) are for any reason out of stock, discontinued, or not capable of delivery, Lab-Plus International liability shall be limited to the refund of any monies customer may have paid for such items that are not deliverable.
2. SECURITY INTEREST AND TITLE. Seller retains, until Buyer performs all of its obligations hereunder, including without limitation, payment in full of the purchase price, a PURCHASE MONEY SECURITY INTEREST in the Equipment, including all accessories and replacements thereto and the proceeds thereof to secure performance of all such obligations of Buyer. Buyer agrees, upon demand by Seller, to promptly execute any financing statement, application, or registration of other documents necessary and to take any other action deemed necessary or desirable by Seller in order to perfect Seller’s security interest. Buyer hereby appoints Seller as its attorney-in-fact to prepare, sign and file or record for the Buyer, in Buyer’s name, any such documents. Buyer agrees to keep the equipment in good order and repair until full purchase price has been paid. Buyer shall not attempt to transfer an interest in the Equipment until said purchase price has been paid in full.
3. DEFAULT. Failure of Buyer to perform its obligations hereunder, including but not limited to payment in full of purchase price, insolvency, bankruptcy, assignment for the benefit of creditors or dissolution, liquidation, or closing of business by Buyer, shall constitute a default under this Agreement and shall afford the Seller all remedies of a secured party under the Uniform Commercial Code of the State of Illinois.
4. EVENTS BEYOND CONTROL. Fulfillment of this order is contingent upon the availability of materials. Seller shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either the Seller or suppliers to the Seller including but not limited to: war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency for subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic, quarantine, restrictions, storms, flood, earthquake, or acts of God, shortage of labor, fuel, raw materials, or machinery or technical failure where Seller has exercised ordinary care in the prevention thereof. If any contingency occurs, Seller may allocate production and deliveries among Seller’s customers.
5. RISK OF LOSS. Risk of loss or damage to the Equipment shall pass to Buyer upon delivery of the Equipment to the Buyer (regardless of whether payment has been made). Seller will insure to full value the Equipment shipped or declare full value thereof to the transportation company at the time of the shipment. Confiscation or destruction of, or damage to the Equipment following shipment shall not in any way affect the liability of Buyer to pay the purchase price. Buyer shall inspect the Equipment upon receipt and notify Seller within 24 hours following delivery when there is evidence of shipping damage. Buyer’s failure to notify Seller of shipping damage within 24 hours of delivery shall constitute a waiver by Buyer of any such claim.
6. ASSIGNMENT. This Agreement may not be assigned, in whole or in part, without the written consent of the non-assigning party.
7. ATTORNEY FEES. Buyer agrees to pay Seller’s reasonable attorney fees and other costs and expenses incurred by Seller in connection with the enforcement of this Agreement, whether or not suit is ultimately filed.
8. INDEMNIFICATION. Buyer shall indemnify and hold Seller harmless (including, without limitation, Seller’s reasonable attorney fees and costs) from any claim arising out of or relating to (a) damage, injury or claim arising from any fault or neglect of Buyer, Buyer’s employees, agents and licensees, or any person not party hereto, or (b) to the extent that Equipment is manufactured according to Buyer’s specifications and/or drawings, any charge that said Equipment infringes any patent or other proprietary right of any other person.
9. DISPUTE RESOLUTION. Should any dispute arise between the parties to this Agreement arising out of, or relating to, this Agreement, and such dispute cannot be resolved informally, the parties agree to submit such dispute to binding arbitration in the City of Chicago, Illinois, governed by the Commercial Arbitration Rules of the American Arbitration Association, and the parties agree that this agreement to arbitrate, as well as any award by the arbitrator(s) pursuant thereto, shall be specifically enforceable in any court having jurisdiction over this Agreement. The prevailing party in such arbitration shall be entitled to recover its reasonable attorney fees and costs, including the cost of the arbitration.
10. ORDER CANCELLATION/RETURNED GOODS POLICY. Buyer will be charged a minimum 15% restocking fee for all returned goods and cancelled orders. Cancellations must be in writing to Lab-Plus International. Customer is responsible for shipping costs related to cancelled orders and returned goods. All returns MUST be issued a Return Merchandise Authorization number. No credit will be given for items returned to Lab-Plus International. without a Return Merchandise Authorization number. If customer claims the goods received are non-conforming or defective, Lab-Plus International shall have commercially reasonable time in which to repair or replace them with conforming goods, otherwise, Lab-Plus International restocking fee, shipping and other expenses incurred by Lab-Plus International as a result of this sale will be charged to the customer.
11. WARRANTY/WARRANTY INVALIDATION. Lab-Plus International. Warranty, if any, will be immediately VOID if any attempted or actual repairs or maintenance on the equipment are not performed by approved repair or maintenance center that has been authorized by Lab-Plus International in writing. The improper or incorrect assembly of equipment or any misuse will also VOID any warranty. Lab-Plus International is not responsible for any repair or service costs incurred by customer, whether or not the item is under warranty, without written authorization of the Company.
Payment:
Prepayment required on all orders
We accept:
1. Wire transfers
2. Credit Cards (Min of $1000, Max of $10,000)
Shipping:
Packaging and shipping costs may vary. We can arrange shipping according to customer request
Warranty: Warranty is for refurbished equipment only – 90 days on parts. No warranty for “As Is†or “Clean and Tested†equipment is provided. Customer is responsible for installation and maintenance of equipment by a qualified technician operator. If mishandling occurs, warranty is void. Warranty is not transferable to a third party.
Please be advised that our equipment is sealed. If, upon return, the seal is broken or in any way tampered with, the merchandize will not be exchanged nor refunded.