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Terms and Conditions
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Applicability
1.1 All sales are subject to the following General Terms and Conditions for products and services purchased or provided from Omscientia, Inc. ('Omscientia'). Any other terms and conditions, including the customer's ("Customer") own, are not applicable, whether referred to when ordering or not.
1.2 Any changes to these Terms and Conditions, any additional agreements, and other declarations are only valid when agreed upon by Omscientia in writing.
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Return Policy
2.1 Shipping DamagePlease inspect all items upon receipt and notify Omscientia immediately of any damaged items or issues. In case of damaged items, please retain the shipping box and any other documentation of damage as this may be needed for us to claim against the shipper. Damaged products will be replaced at no additional cost to the customer. Returns can be accepted through the issuance of a Return Authorization Number, subject to approval from Omscientia, if we are notified within 7 working days of receipt of the items. Digital pictures may be requested of the damaged items to help facilitate the claim. These are only used to help affect a claim against the shipper for damaged goods. Please contact info@omscientia.com or contact us through any method on our contact page to discuss any needed returns.
2.2 Erronious Orders
2.2.1 If Omscientia shipped an incorrect order to you in error, we will return the items for credit, replacement, exchange or refund provided the items are returned with their shrink-wrap intact. No shipping costs will be applied for items that are returned because of an error caused by Omscientia. Please contact info@omscientia.com or contact us through any method on our contact page to discuss any needed returns.
2.2.2 If the customer ordered an incorrect product, we will ONLY return the items for credit, replacement, or exchange provided the items are returned with their shrink-wrap intact. The shipping costs for items returned as a result of a customer error will be paid by the customer. Please contact info@omscientia.com or contact us through any method on our contact page to discuss any needed returns.
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Shipping Terms
3.1 U.S. orders are shipped via FedEx Two-day for standard delivery or FedEx Priority Overnight delivery when requested.
3.2 International orders are normally shipped via FedEx Priority and are typically delivered within 2 - 5 days. Customs and taxes are the responsibility of the customer.
3.3 Shipment costs will be prepaid and added to your invoice.3.4 F.O.B. point is in Carlsbad, CA U.S.A.
3.5 Shipping times are not guaranteed and any delaysdue to shipping do not disclude any rights of Omscientia to payments or rights otherwise entitled under these Terms and Conditions.
3.6 Orders received before 12 p.m. PST will usually be shipped on the same day, provided the items are in inventory. Orders received after 12 p.m. will usually be shipped the next business day, provided the items ordered are in inventory. You will be notified of any backorders.
3.7 Some items are not stocked in local inventory and are shipped directly from the manufacturer to the Customer. In these events, the manufacturer is acting as agent to fulfil orders only and has no other legal rights or involvement in the order between the Customer and Omscientia.
3.8 The Customer is responsible for all shipping and insurance charges. On International orders, the Customer is responsible for all taxes and duties in addition to the shipping charges.
3.9 Customers must notify Omscientia within 7 business days of any damage that has occurred due to shipping (see section 2.1 above).
3.10 Omscientia reserves the right to send partial orders or to send orders from different locations. Omscientia may bill for all items shipped under these terms and conditions.
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Payment Terms
4.1 Payment is due within 30 days as of the date of invoice.
4.2 Customers cannot take their own charges into account when paying invoices, and the assertion of retention rights is not permitted, except for claims of the customer that are acknowledged by Omscientia , or claims that are legally imposed.
4.3 If the customer delays payment, Omscientia can impose a late charge of 3% per month on the total balance owed including charges for products, services, shipping, taxes, fees, late fees and any other due and payable charges accrued at the time the late charge is calculated.
4.4. Omscientia can make further deliveries dependent on timely payment. If, after the completion of the contract, Omscientia learns of circumstances which impair the creditworthiness of the customer, Omscientia can cancel the contract, ask for immediate payment, or ask for the return of goods already delivered.
4.5 Omscientia accepts payments via Mastercard, Visa, and Discover for orders placed on the website at the time of order. If customers need to pay invoices owed for Purchase Orders using a credit card, a charge of 3% will be added. Please contact Omscientia by telephone.
4.6 Omscientia accepts payments via check, money order or cashier's check for invoices. Please make checks payable to: Omscientia, Inc.
4.7 Omscientia accepts payments via wire transfer for invoices. Please contact Omscientia for banking information and fees. Any wire transfer fees incurred by Omscientia will be charged to the Customer.
4.8 Omscientia accepts payments in U.S. Dollars. If payments need to be made in foreign currency via wire transfer, please contact Omscientia. Any wire transfer fees incurred by Omscientia will be charged to the Customer along with any currency conversion fees or discount fees.
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Warranty
5.1 Omscientia warrants all products to meet the specifications on the analysis certificate at the time of the transfer of risk to the customer. The warranty period is six months beginning with the delivery of the product to the customer, except the nature of the product requires immediate use or use within a period of time that is shorter than six months.
5.2 Under this warranty, Omscientia will replace defective products free of charge. If, after a free replacement, quality specifications are still not met, the customer can ask for a reduction in price, or cancellation of the order. Any further claims of the customer, of any kind, especially for damages or compensation, are excluded. This exempts the rights according to section 7 of these Terms and Conditions.
5.3 Omscientia does not warrant products that have been mixed or otherwise combined with other chemical products by the customer. Omscientia states explicitly that all products are for research and laboratory use only. Omscientia will therefore deliver only to public institutions of research, diagnosis, and teaching, and to technical businesses and companies. Omscientia disclaims any warranty for faults in products (like chemical impurities) which originate from improper handling or storage, for application in the household or to humans or animals. No products from Omscientia may be transferred to private persons. The customer is responsible for compliance with state, national and international laws and regulations governing the shipping, storage, processing, and trade of products. Omscientia will not warrant damages to the product arising from noncompliance with such laws and regulations.
5.4 Omscientia will only be liable for warranty if the defect is indicated promptly and in writing. For defects which are visible upon delivery of the product, this indication must be given within seven days of delivery.
5.5 Warranties are not transferrable if products are sold are transferred by the Customer to another individual, group, institution or entity.
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Limitation of Warranties and Liability
6.1 Omscientia states explicitly that all products are for research and laboratory use only.
6.2 Omscientia also states that ALL PRODUCTS ARE NOT FOR HUMAN CONSUMPTION and SHOULD NEVER BE ADMINISTERED TO HUMAN SUBJECTS IN ANY WAY WHATSOEVER.
6.3 As such, Omscientia MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT.
6.4 In no event shall Omscientia be liable for any use by Customer of the Products or any loss, claim, injury, damage or liability, of whatsoever kind of nature, which may arise from or in connection with this Agreement or the use, handling or storage of the Products.
6.5 Customer agrees to indemnify, defend, and hold harmless Omscientia, its officers, agents, and employees from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the use or disposition of the Products by Customer, except to the extent resulting from the gross negligence or willful misconduct of Omscientia.
6.6 Customer agrees to comply with all laws and governmental rules and regulations that are applicable to Products or their use. Specifically, Customer agrees to comply with any export control laws and regulations applicable to the Products.
6.7 Omscientia will not compensate for consequential and indirect damages or loss of profit.
6.8 In no event shall Omscientia ’s liability exceed the purchase price of the applicable Products.
6.9 Without limiting the generality of the foregoing, in no event shall Omscientia be liable, whether in contract, tort, warranty, or under any statute or on any other basis, for direct, indirect, punitive, incidental, multiple, consequential, or special damages sustained by Customer or any other person or entity, whether or not foreseeable and whether or not Omscientia is advised of the possibility of such damages.
6.10 No agent, employee, or representative of Omscientia or its affiliates has any authority to modify the terms of these warranties or to bind Omscientia to any additional warranty or representation not contained herein, and any such warranty or representation is not binding on Omscientia unless in a writing signed by an authorized executive officer of Omscientia.
6.11 Omscientia does not guarantee scientific results.
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Remedies
7.1 Customer's sole and exclusive remedy with respect to Products and Services ordered from Omscientia shall be a replacement or refund only if the items are proven to be defective in accordance with the Return Policy, the Warranty under Section 5 or in the event of an Erronious Order as stated in Section 2.2.1.
7.2 Omscientia will not compensate for consequential and indirect damages or loss of profit.
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Intellectul Property
Unless explicitly stated, no license or immunity under any patent is either granted or implied by the sale of any of our products. Omscientia does not warrant that the resale or use of its products delivered will not infringe the claims of any patent, trademark or copyright covering the use of the product itself or its use in the operation of any process. Furthermore, the purchaser assumes all risks of patent, trademark or copyright infringement associated with any such use, combination or operation.
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Governing Law
These Terms and Conditions are subject to the law of the State of California . Application of the United Nations Convention on the International Sale of Goods is excluded.
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Confidentiality
Omscientia will ensure that any customer data will be processed, stored, transmitted, and used only in accordance with applicable Federal and State of California Law.
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Miscellaneous
11.1 Any changes and supplements to these Terms and Conditions must be done in writing. This requirement for the written form can only be revoked in writing.
11.2 In case that one of these Terms and Conditions above is invalid or incomplete the validity of all other Terms and Conditions shall remain untouched.
11.3 If the customer is a merchant and the order is part of the customer's merchant business, or if the customer is a legal person of the Public Law (Corporations, LLCs, Partnerships, etc.), the registered seat of Omscientia shall be the place of jurisdiction for all disputes arising directly or indirectly from deliveries by Omscientia . Omscientia reserves the right, however, to undertake legal proceedings against the customer at any other place of jurisdiction applicable to the customer.
