Chemxtree Standards terms of use:
Welcome to Chemx-tree Standards. As you are aware, the aim of this site is to make it easier for you to purchase Chemxtree Standards catalogues products from us.If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Chemxtree’s relationship with you in relation to this website.
These terms and conditions apply to all sales of goods by Chemxtree Standards (the Seller) to any Purchaser (Buyer) and shall prevail over and apply to the exclusion of any terms or conditions contained or referred to in the Buyer’s order or in correspondence or elsewhere or implied by trade custom or dealing unless specifically agreed to in the writing of the Seller and any purported provisions to the contrary are hereby excluded.
- The use of this website is subject to the following terms of use:
- The content of the pages of this website is for your general information and use only. It is subject to change without notice.
- Chemxtree attempts to be as accurate as possible. However, Chemxtree does not warranty that products’ descriptions or other content on this website is accurate, complete, reliable, current or error-free. If a product offered by Chemxtree is not as described, your sole remedy is to return it in unused condition.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- In addition, when you purchase any products from us, you will also be subject to our terms (“Terms”) applicable to the supply of such products and services. If there is a conflict between these conditions of use and the Terms, then the Terms shall take precedence.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Indian regulations.
- Disputes Resolution – If you have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting the company
Interpretations and Definitions:
“Chemxtree” or “Seller” means Chemx-Tree Standards
“Products” “Goods” means the items described in the orders to be supplied by Chemxtree to the Buyer
“Buyer” “Purchaser” means the other party
“Agreement” means the relevant agreement with the Customer which shall consist of all Quotations accepted by the Customer in accordance with clause of Order and Quotations of these standard terms and conditions;
“Customer” means the company, organisation or individual which accepts the supply of Goods and/or Services;
“Customer Materials” includes goods, samples, equipment, laboratory results, materials or information provided by the Customer to Chemxtree in connection with the Goods and/or Services;
“Data Protection Laws” means the Regulation and all other applicable laws, regulations and provisions relating to Processing;
“Goods” means the goods, samples, equipment and materials including without limitation to reference materials, certified reference materials, chemical reference materials, laboratory supplies, laboratory reagents, analytical standards, biological materials, proficiency testing samples, custom synthesis products, analytical data, results, reports, certificates of analysis, and safety data sheets to be provided to the Customer by Chemxtree under the Agreement; “Chemxtree” means Chemx-Tree Standards;
“Liability” means any and all liability (including liability for the acts or omissions of Personnel): (a) for any breach of the Agreement; (b) for any misrepresentation, misstatement, or tortious act or omission, including without limitation, negligence arising under or in connection with the Agreement; (c) for any breach of statutory duty; and/or (d) otherwise arising in connection with the performance or contemplated performance of the Agreement (including under indemnification provisions (if any));
“Personal Data” has the meaning set out in the Regulation;
“Personnel” means any officers, employees, agents or subcontractors;
“Price” means the price agreed for the Goods and/or Services;
“Quotation” means an estimate or quotation given by Chemxtree to the Customer for the supply of Goods and/or Services;
“Processing” has the meaning set out in the Regulation;
“Regulation” means Regulation refereing to legal and regulatory obligations, for European Union (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);
“Services” means the services, including without limitation any proficiency testing services, custom synthesis services, analysis of data, interpretation of results, production of reports, certification of Goods, training, distribution of samples and/or related services to be provided to the Customer by Chemxtree under the Agreement.
Quotations and Orders:
3.1 Written quotations’ validityis for 30 days. A quotation by the Seller does not constitute an offer and may be withdrawn or revised at any time prior to the Seller’s acceptance of the Buyer’s order.
3.2 The Customer shall promptly supply to Chemxtree the Customer Materials and any other materials required for Chemxtree to execute the Customer’s order for the supply of Goods and/or Services and the Customer hereby acknowledges that its failure in providing the Customer Materials may preclude or delay the supply of the Goods and/or Services.
3.4 ChemxtreeStandards acknowledges receipt of Buyer’s order and accepts Buyer’s order expressly conditional on Buyer’s assent to the terms and conditions herein contained, whether additional to or different from those in Buyer’s purchase order or any other form or document heretofore or hereafter supplied by Buyer to Chemxtree Standards.
Amendments and Cancellations:
4.1 Buyers’ orders would be amended only when the amendments are shared/mentioned in written agreement agreed and signed by both Buyer& Seller.
4.2 Buyers’ orders would not be cancelled unless the Seller agrees to such cancellation in writing. In the event of a cancellation, the Seller will advise the Buyer of the total charge for such cancellation, and the Buyer agrees to pay such charges.
Prices and Payment Terms:
5.1 Chemxtree reserves the rights to change the prices of products and services without notice. We reserve the right, without prior notice, to discontinue products or change specifications and prices on products.
5.2 Unless expressly stated otherwise, all Prices are exclusive of GST or any other applicable taxes or duties payable by the buyer, which shall be charged at the rate and in the manner prescribed by law from time to time will be added to the quotation.
5.3 Written quotations are valid for 30 days. Payment shall be made by the Customer in currency mentioned in invoice within 28 (twenty eight) days of the date of LGC’s invoice.
5.4 Accounts 30 days past due are subject to a 2.0% late charge per month (24% p.a.) on the unpaid balance.
5.5 We reserve the rights to request advance payments.
5.6 The Buyer is responsible for all bank charges for all overseas transactions.
5.7If the Customer fails to pay Chemxtree any sum due pursuant to the Agreement then, without limiting any other right or remedy available to Chemxtree:
- a) Chemxtree may cancel the Agreement and all other agreements with the Customer or suspend any further deliveries to the Customer;
- b) Chemxtree may immediately demand payment of any other invoices not yet due, with liability to pay interest on sums due applying from the date of the demand; and
- c) the Customer will be liable to pay interest to Chemxtree on such sum from the due date for payment at the 2.0% late charge per month on the unpaid balance until payment is credited to Chemxtree’s account, whether before or after any judgement.
Shipments and Delivery:
6.1 All orders will be shipped as instructed at the time of order, preferably by express service. The best method of shipment will be used based on package size, weight, content, and destination in accordance with transport regulations. Special shipments may incur additional charges for packaging. Shipping costs and special packaging (shipment on blue ice/dry ice) are prepaid and are added to the invoice.
6.2 Delivery dates mentioned in any quotation, acknowledgment of order, or elsewhere are approximate only and not of any contractual effect, and the Seller shall not be under any liability to the Buyer in respect of any failure to deliver on any particular date or dates.
6.3 If the Buyer refuses or fails to take delivery of goods tendered in accordance with the contract, the Seller shall be entitled to immediate payment in full for the goods so tendered. The Seller shall be entitled to store at the risk of the Buyer any goods of which the Buyer refuses or fails to take delivery, and the Buyer shall in addition to the purchase price, pay all costs of such storage and any additional costs incurred as a result of such refusal or failure.
6.4 The Seller shall be entitled after the expiration of 3 months from the date upon which the price became payable to dispose of the goods in such manner as the Seller may determine.
Goods Return Policy:
7.1 The Seller shall not accept returned goods without prior approval and then only in compliance with the Seller’s return shipment instructions.
7.2 The Buyer must inspect goods immediately on receipt and inform the Seller of any shortage or damage within seven (7) days. Quality problems must be notified within thirty (30) days of receipt.
7.3 The client must send any claim in writing to Chemxtree Standards within 30 days from the shipment date; only the cost of the purchased product(s) will be covered for a valid claim. Return shipment will not be accepted without permission.
Quality:
8.1 All products available with Chemxtree Standards are subjected to quality tests as per our internal quality control protocols. The purity and physical constants stated are typical values; they may vary slightly from batch to batch.
Warranties:
9.1 Chemxtree Standards warrants that its products shall conform to the description of such products as provided in Chemxtree Standards’ catalogue. This warranty is exclusive, and the Seller makes no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for any particular purpose.
9.2 No license or immunity under any patent is granted or is to be implied by or from the sale of any product.
Third-Party Rights
10.1 The Seller shall have no liability to the Buyer in the event of the goods infringing or being alleged to infringe the rights of any third party.
10.2 Products protected by valid patents are not offered for sale in countries where the sale of such products constitutes a patent infringement and its liability is at the Buyer’s risk. Some products may be covered by application or process patents. The customer must be responsible for determining the existence of such patents.
Liability
11.1 In no event shall Seller be liable for indirect, incidental, special, or consequential damages, or damages of any kind incurred by the Buyer or any third party, resulting from any use or misuse or failure of the products, even if the Seller or any other person has been advised of the possibility of such damage, including, without limitation, liability for loss of use, loss of work, loss of work in progress, loss of revenue or profit, any liability of Buyer to a third party, or any other damage or loss occasioned by such product including personal injury or property damage, unless such personal injury or property damage is caused by Seller’s gross negligence. In no event shall Seller’s liability for damages hereunder exceed the amount paid by the Buyer for the product giving rise to the liability.
11.2 The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the supply of goods by the Seller being prevented, hindered, delayed, or rendered uneconomic by reason of circumstances or events beyond the Seller’s reasonable control including but not limited to act of God, war, riot, strike, lock-out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the goods or of raw materials therefore by the Sellers normal source of supply or the manufacture of the goods by the Seller’s normal means or the delivery of the goods by the Seller’s normal route or means of delivery.
Technical/Scientific Assistance:
12.1 Unless otherwise agreed, all technical assistance and information we provide to you regarding the goods will be provided complimentary, and you assume sole responsibility for results obtained in reliance thereon. We make no warranty regarding such technical assistance or information.
Health and Safety:
13.1 The goods supplied are for supply to qualified personnel only. The goods should be used in facilities designed for chemical, biological and allied research only and not for human or animal consumption. Goods should be stored and handled in accordance with details provided on the Material Safety Data Sheet and labels.
13.2 The Seller provides Material Safety Data Sheets on request, in accordance with current legislation.
Intellectual Property Rights
Products currently offered / listed on the Chemxtree Standards website are only for R&D and analytical use in accordance with (i) 35 USC 271(e)+A13(1) in the U.S.; (ii) Section 69.1 of Japanese Patent Law in Japan; (iii) Section 11, No. 2 of the German Patent Act of 1981 in Germany; (iv) Section 60, Paragraph 5b of the U.K. Patents Act of 1977 in the U.K.; (v) Section 68B of the Patents Act of 1953 in New Zealand; (vi) such related legislation and/or case law as may be or become applicable in the aforementioned countries; and (vii) such similar laws and rules as may apply in various other countries. In the European Union, equivalent exemptions are allowed under the terms of EC Directives 2001/82/EC (as amended by Directive 2004/28/EC) and 2001/83/EC (as amended by Directives 2002/98/EC, 2003/63/EC, 2004/24/EC, and 2004/27/EC). Any product use and resulting liability is solely at the Buyer’s risk.
Use of Products:
15.1 All products sold by Chemxtree Standards are strictly for laboratory research purposes only and are not to be used for any other purposes, including but not limited to in vitro diagnostic purposes, ex vivo or in vivo therapeutic purposes, investigational use in foods, drugs, cosmetics of any kind or household use, medical devices, for the diagnosis or treatment of human beings, or for commercial purposes. You assume all risk and liability for the use and/or results obtained by the use of the products covered by this site, whether used singularly or in combination with other products.
Confidentiality:
16.1 Both parties shall use reasonable endeavours to keep confidential for a period of five (5) years from the acceptance date of the supply of Goods and/or Services any confidential information (oral or written) provided or disclosed by or on behalf of the other.
16.2 This clause shall not apply to any information which at the time of disclosure is (or subsequently becomes) published or generally available to the public (other than as a breach of the receiving party’s obligation under this clause), which at the time of disclosure was already in the possession of the receiving party (other than under an obligation to the disclosing party), which subsequently legally comes into their possession from another source, which was independently developed, or which is required to be disclosed in order to comply with a legal requirement.
Force Majeure
17.1 If Chemxtree is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Goods and/or Services or if the supply of the Goods and/or Services is prevented or hindered by reason of any cause beyond Chemxtree’s reasonable control (which shall include acts of God, governmental action, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, currency restrictions, strikes or other labour dispute, or restraints or delays affecting shipping or carriers), Chemxtreemay cancel the Agreement by notice in writing to the Customer so far as it relates to the Goods and/or Services not then supplied or work not then done and such cancellation shall not give rise to any claims by the Customer provided that the Customer shall remain liable to pay for the Goods and/or Services supplied prior to the date of such cancellation.
Copyrights
18.1 The copyrights and other rights to the information, pictures, movies, layout and others contained in this website belong to Chemx-Tree Standards (hereinafter called “Chemxtree”, “Chemxtree Standards”) or the owners of such copyrights from whom Chemxtree has been granted licenses unless otherwise specifically provided herein. These copyrights are protected under the copyright laws of various countries, various conventions and other laws, and you are not allowed to use them beyond the legally permissible extent or beyond your personal usage.
18.2 In addition, all copyrights to the contents of electronic mails that Chemx-Tree Standards will send to you belong to Chemxtree, and you are not allowed to transfer or reprint them in any manner whatsoever without the prior written consent of Chemx-Tree Standards.
Disclaimer
The information on this website may be subject to change without notice. In addition, the operation may be subject to interruption or suspension without notice. Under no circumstances, Chemxtree shall be liable to any damage that may result from any changes in information, interruptions, or suspensions of this website. Chemxtree pays careful attention in posting the information on this website, but Chemxtree does not guarantee the accuracy, utility, or safety of the information in any way or manner whatsoever.
Other websites of third parties to whom links may be established from this website are managed by such third parties, and under no circumstances, Chemxtree shall guarantees their contents .
Chemxtreeshall accept no responsibility whatsoever for any loss or damage resulting from having enabled or disabled you to use this website. Chemxtree shall accept no responsibility whatsoever for any trouble or damage to the software or hardware resulting from your use of this website.
Governing Law:
18.1This contract shall be governed by and construed in all respects in accordance with the laws of India, and the parties hereby submit to the exclusive jurisdiction of the courts of Mohali, Punjab, India.