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Terms & Conditions |
| Welcome to nationalbiochem.com, where the content and services available on our site are subject to the following terms and conditions. By accessing or using nationalbiochem.com, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these terms and conditions, which include our privacy policy. |
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Privacy Policy |
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| Please review our privacy policy, which also governs your visit to nationalbiochem.com, so that you may understand our privacy practices. |
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Online Ordering |
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Online ordering is only available in the United States. For orders originating outside the United States, please contact NBC directly.
NBC's products are available to companies or institutions only. Direct sales to the public are not available.
- Log-in is required only to submit an order.
- If this is your first visit to the new NBC Website, you will need to register online to complete your purchase. This is a one time process and is necessary for both existing and new NBC customers.
- All prices are F.O.B. Twinsburg, OH, subject to confirmation at time of order. Website prices are subject to change without notice.
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Provisions Governing Acceptance and Cancellation |
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| This invoice constitutes a conditional acceptance of Buyer’s order, which may have been placed subject to terms and conditions appearing on the face and reverse sides of the order and on any attachments hereto. Acceptance of said order is expressly conditioned upon Buyer’s assent to all terms or conditions herein which may be additional to or different from those contained in Buyer’s proposed terms in its order. Buyer will be deemed to have assented to these invoice terms and conditions unless National Biochemicals Corp. (“Seller”) receives written notice of Buyer’s objection within 15 days after Buyer’s receipt of this form and in no event later than any delivery or other performance by Seller. No modification, change or waiver of any term or condition hereof or of any of Seller’s rights or remedies hereunder, shall be binding on Seller, nor shall the order hereby acknowledged be countermanded or changed by Buyer, unless in each instance Seller has expressly consented thereto in advance and in writing. This agreement by invoice shall constitute the sole and only agreement of the parties and supersedes any prior understanding or written or oral agreements between the parties with respect to this subject matter. Seller’s failure to object to provisions contained in any purchase order of the Buyer or other communication from the Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provision. Further, these terms and conditions shall be governed by and shall be construed in accordance with the laws of the State of Ohio. |
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Delivery |
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| Title shall pass to Buyer, and Seller’s liability shall cease, upon delivery of the material to carrier at the shipping point. Each delivery to be made hereunder shall constitute a separate sale and shall be subject to receipt of cash or to credit arrangements made by Buyer with Seller. If payment is not made in accordance with the terms thereof, or if at any time in Seller’s judgment Buyer’s credit standing has been impaired, Seller may withhold delivery of any material called for hereunder until satisfactory cash or credit arrangements have been made. If Buyer fails, neglects or refuses to make cash or credit arrangements satisfactory to Seller, or to comply with the terms thereof, then Seller may, without waiving any of its remedies against Buyer terminate the contract without further liability on Seller’s part. If deliveries are to be made in installments, no disputes as to one invoice shall in any manner affect Buyer’s obligation to accept and pay in accordance with the terms hereof for goods purchased hereunder. Where deliveries are over a period of time, unless otherwise specified at a particular time during said period, delivery at any time during the period shall constitute a timely, good and sufficient delivery. Acceptance of goods delivered hereunder shall constitute a waiver of all claims of damages caused by late or delayed delivery. |
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Contingencies |
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| Seller and Buyer shall be relieved from furnishing or taking materials covered by this contract if delayed or prevented by fire, explosion, accident, breakdown of machinery or equipment, acts of God, strikes, impossibility of performance, labor dispute, riot or other civil disturbances, delays or defaults of Seller’s vendors, acts of government (including voluntary or involuntary compliance with any law, order, regulation, recommendation or request of any governmental authority, whether or not relating to environmental matter, economic stabilization, or materials allocation), or any other similar cause beyond the parties’ control; provided, however, that if any material subject to this agreement which is to be manufactured special for Buyer and manufacture is suspended or terminated for any of the foregoing reasons, Buyer shall take delivery of and make payment for all such material as has been completed and in process at the date of suspension or termination of the manufacture. Seller shall have no obligation to buy in the open market any article to be used in Seller’s manufacture when the supplier thereof has defaulted in delivery. |
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Disclaimer of Warranty |
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| The nationalbiochem.com website is provided on an "as is" basis without warranty of any kind, express or implied. You expressly agree that the use of the website is at your sole risk. We do not warrant that the website will be uninterrupted or error free, nor do we make any warranty as to any results that may be obtained by use of the website. We make no other warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. |
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Patent Infringement |
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| Buyer expressly assumes all risk of patent infringement by reason of its use of the material provided hereunder with other material or in operation of any process. |
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Claims and Returns |
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| Buyer shall inspect and test all materials promptly after delivery and within 10 days following delivery. Buyer shall give Seller written notice (via U.S. certified or registered mail) of all claims of any kind in respect of said materials which were, or should have been, disclosed by testing or inspection. Failure to give such notice shall constitute an irrevocable acceptance of said materials and a waiver by Buyer of any and all claims with respect thereto. Materials may not be returned for credit except with Seller’s written permission, and then only in strict compliance with Seller’s return policy and shipment instructions. Certain items are not returnable for credit, such as opened or damaged containers, post expiration dated material, refrigerated material, radioactive material, custom or special orders, bulk orders or DEA regulated materials. Returned goods without defect and with Seller’s approval for return are subject to a minimum of thirty percent (30%) of invoice value as a restocking charge. Further, any civil legal action by Buyer with respect to the materials supplied hereunder shall be commenced within six months of delivery thereof to Buyer. |
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National Biochemicals Corp.’s Responsibility for Actual Damages |
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| Regardless of any rights afforded by law to Buyer, Seller’s responsibility and liability, if any, and Buyer’s sole and exclusive remedy, for any and all claims for actual damages with respect to such materials shall in all events be limited, at Seller’s option, to replacement of materials as to which a valid claim is made or repayment of the applicable purchase price therefore, subject to the return of such materials to the Seller. If Seller determines to replace the material, it shall be replaced at the fair market price at the time of sale. The parties acknowledge that it is not unconscionable under the commercial circumstances of this agreement to limit actual damages according hereto. |
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Consequential Damages |
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| In no event shall National Biochemical Corp. be liable for indirect or consequential damage or for loss of profits on resale, damage to goodwill or any other special or consequential damage, whether or not caused by NBC. |
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Allocation of Goods |
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| If National Biochemicals Corp. is unable for any reason to supply the total demand for goods specified in Buyer’s order, NBC may allocate or appropriate its available material among any or all of its customers, as well as departments and divisions of NBC, on such basis as Seller may deem fair and practical, in its sole discretion, without liability for any failure of performance that may result there from. Any material not delivered as a result thereof shall be deducted from the contracted quantity. |
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Important Notice |
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| All products, except for FDA-regulated products, are offered by National Biochemicals Corp. for “Laboratory, Research and Development Use Only. Not for Food or Drug Use.” |
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Additional Conditions of Sale |
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| Minimum order amount is $100.00. There is a 10% handling charge on all orders up to $200.00; over $200.00 the charge is $20.00. Where applicable, there is a charge of $15.00 per pallet for truck shipments and/or $12.00 per drum for UPS shipments. All freight and insurance fees are charged collect to the customer’s account, unless specifically agreed upon prior to shipping. Other terms and conditions shall apply per the NBC Invoice and Certificate of Quality for each item. |
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Accuracy of Information |
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| National Biochemicals Corp. attempts to be as accurate as possible when describing our products on nationalbiochem.com. However, to the extent permitted by applicable law, NBC does not warrant that the product descriptions, colors, sizes, prices or other content available on nationalbiochem.com are accurate, complete, reliable, current, or error-free. |
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Taxes and other charges |
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| Any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between National Biochemicals Corp. and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event the NBC pays any such tax, fee or charge, Buyer shall reimburse Seller thereof, or, in lieu of such payment, Buyer shall provide NBC at the time the order is submitted with an exemption certificate or other document acceptable to the authority imposing the same. |
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Intellectual Property |
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| All content available on nationalbiochem.com, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "content") is the property of nationalbiochem.com, our affiliates, partners, or licensors, and is protected by United States and international copyright laws. |
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Your Obligations & Responsibilities |
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| In the access or use of nationalbiochem.com, you shall comply with these terms and conditions and the special warnings or instructions for access or use posted on nationalbiochem.com. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to nationalbiochem.com or any content or services that may appear on nationalbiochem.com and may not impair in any way the integrity or operation of nationalbiochem.com. Without limiting the generality of any other provision of these terms and conditions, if you default negligently or willfully in any of the obligations set forth in these terms and conditions (including our privacy policy), you shall be liable for all the losses and damages that this may cause to nationalbiochem.com, our affiliates, partners or licensors. |
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Website Promotions |
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Details for any and all promotions available for use on Nationalbiochem.com are explicitly stated in the email, advertisement or article to which they are associated, (such as eligibility requirements, dates of availability, contents of the promotion, etc). Details or clarification will be made available upon request.
The following applies to any and all promotions available for use on nationalbiochem.com:
(1) Dates of availability are assumed to be from 12:00:01am on the start date through 11:59:59pm on the end date. All times noted are Eastern Standard Time Zone. Daylight savings will be in effect when applicable.
(2) An eligible purchase must be completed on nationalbiochem.com during the dates and times of availability as specified. Purchases prior to or after the dates of availability are not eligible.
(3) Promotions may only be available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items.
(4) All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to; purchasing a specific product, making a purchase for a specific dollar amount, being signed in as a registered member, having specific information in your membership account.
(5) Any given promotion may not be compatible with other available promotions on the same order.
(6) Promotional offer has no cash value and cannot be resold or transferred.
(7) National Biochemicals reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion.
(8) Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.
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Customer Service |
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| If you need assistance with any aspect of your purchase, please contact our customer service department by email or calling (330) 425-2522 between 8 am to 5 pm EST. |
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Your Account |
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You may choose to register at nationalbiochem.com. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information.
We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions, or if we decide, in our sole discretion, that it would be in nationalbiochem.com's best interests to do so. |
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Submissions |
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It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our privacy policy by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub- licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." you may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any submission.
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Indemnification |
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| You agree to defend, indemnify and hold National Biochemicals Corp. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of nationalbiochem.com. You also agree to indemnify NBC for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on NBC’s infrastructure. |
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General Information |
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You acknowledge and agree that these terms and conditions, which include our privacy policy, constitute the complete and exclusive agreement between us concerning your use of nationalbiochem.com, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these terms and conditions at any time by posting the changes on nationalbiochem.com. Any changes are effective immediately upon posting to nationalbiochem.com. Your continued use of nationalbiochem.com constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of nationalbiochem.com.
If you have any questions regarding these terms and conditions, please contact us at cservicenbc@nationalbiochem.com. |
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