Terms & Conditions Pricing and Payment Terms
All prices are subject to change without notice. Payment terms are net thirty (30) days from receipt of invoice. You will only be charged for products shipped. Products placed on back order will be charged when shipped. If you place an order and fail to fulfill the terms of payment, R&D Systems may without prejudice to any other lawful remedy defer further shipments and/or cancel any order. You shall be liable to R&D Systems for all costs and fees, including attorneys’ fees, which R&D Systems may reasonably incur in any actions to collect on your overdue account. R&D Systems does not agree to, and is not bound by, any other terms or conditions such as terms in a purchase order that have not been expressly agreed to in writing signed by a duly authorized officer of R&D Systems.
Quantity discounts available. Please ask your customer service or sales representative for details. Certain exclusions may apply.
You are solely responsible for any applicable sales, use, or similar tax and agree to indemnify R&D Systems for any such tax if not properly paid by you. Sales tax will be added when shipping to jurisdictions where R&D Systems is responsible for collecting sales tax unless the receiving party has exempt information on file with R&D Systems. If you feel that your account is not setup properly please contact Credit & Collections: 1-800-328-2400 ext 8820.
Shipping and handling costs are prepaid and added to the invoice. Shipping and handling costs will be charged only on the first shipment in situations where an order contains back ordered products. R&D Systems reserves the right to select the packaging and shipping method for your order, which will ensure the stability of the product and also efficient tracing. Domestic orders will normally be shipped by overnight air express on the indicated date. The indicated date is an estimate only, and R&D Systems shall not be liable for a delay in shipping. Any damage during shipment is covered by the warranty provided in these terms and conditions. For international orders, title to the goods passes in the United States when the goods are placed with the shipper. For all orders, the risk of loss of the goods passes when the goods are placed with the shipper.
Order Confirmation and Duplication
Written confirmation of a telephone, fax, e-mail or internet order is not required. However, if confirmation of an order is sent, it should be prominently marked -“CONFIRMING ORDER, DO NOT DUPLICATE”.
Duplicate shipments due to incorrectly marked confirming orders will be subject to a returned products charge of 20% of the list price of the product(s) returned (“Returned Products Charge”) plus shipping charges. We do not issue full credits for returned products since our products are perishable and we can not be assured of the quality of returned products.
In the absence of an express written agreement to the contrary, all products are sold by R&D Systems for the exclusive use of the purchaser and are not to be resold.
Claims and Returns
Any claim for credit or return goods request must be made within ten (10) days of receipt. Custom, non-standard catalog and non-catalog orders are ineligible for cancellation or return. A return authorization (“Return Authorization”) must be obtained from R&D Systems’ Customer Service for all returns. R&D Systems will not accept, and no credit will be issued, without a Return Authorization.
Upon receipt of authorized returned products, a credit for the original purchase price less the Returned Products Charge and the original shipping and handling charge (“Partial Credit”) will be issued. To obtain a Partial Credit, products must be returned within sixty (60) days of receiving a Return Authorization.
If an error by R&D Systems results in shipment of an incorrect order, R&D Systems will, at its sole option, either ship a replacement order at no charge or credit your account for the purchase price of the original product shipped in error plus shipping charges. If an error by you results in the shipment of an incorrect order and is reported to R&D Systems within ten (10) days, you may obtain a Return Authorization and return the product(s) for Partial Credit.
Some product information in the catalog may be abbreviated. Before ordering, we recommend that you review specifications of the product as published in the product insert available at our website or call and request a copy from your distributor. Product inserts on the website reflect, in general, the applications and conditions for use. Products should be used in accordance with the insert shipped with the product. R&D Systems reserves the right to change product specifications without prior notification. All products supplied by R&D Systems are warranted to meet our published specifications when used under normal conditions in your laboratory.
R&D SYSTEMS DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS. IN PARTICULAR, R&D SYSTEMS DOES NOT MAKE ANY WARRANTY OF SUITABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT.
Remedies and Limitations
SHOULD ANY PRODUCT FAIL TO PERFORM AS WARRANTED OR FOR ANY OTHER CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS FROM R&D SYSTEMS, R&D SYSTEMS’ LIABILITY AND YOUR REMEDY ARE STRICTLY LIMITED TO THE PURCHASE PRICE OR REPLACEMENT, AT R&D SYSTEMS’ SOLE OPTION, OF THE PRODUCT SOLD. UNLESS OTHERWISE STATED, THE PRODUCTS IN THIS CATALOG AND WEBSITE ARE SOLD FOR RESEARCH USE ONLY.
YOUR REMEDY SET FORTH FOR BREACH OF ANY WARRANTY ARISING HEREBY, EXPRESS OR IMPLIED OR BY OPERATION OF LAW, SHALL BE THE EXCLUSIVE AND SOLE REMEDY TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SUCH PARTY.
You agree to indemnify, defend and hold R&D Systems, its directors, officers, shareholders, employees, representatives and assigns (collectively, “Affiliates”) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against R&D Systems or its Affiliates alleging or arising from or related to any breach of these Terms & Conditions by you. This paragraph survives expiration or termination of your account or these Terms & Conditions.
Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute with R&D Systems or to products purchased from R&D Systems, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving R&D Systems or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the information, services or products available in this catalog will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms & Conditions will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms & Conditions.
If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent in such section. You may not sell, assign, or otherwise transfer your account. R&D Systems may assign or transfer its rights with regard to your account and these Terms & Conditions. R&D Systems’ failure to act with respect to any failure by you or others to comply with these Terms & Conditions does not waive R&D Systems’ right to act with respect to subsequent or similar failures. These Terms & Conditions set forth the entire understanding and agreement between you and R&D Systems with respect to the subject matter hereof. This paragraph survives expiration or termination of these Terms & Conditions.
What Information do We Collect?
In order to process and track orders, update your account, respond to your requests, operate our business, and maintain this Website and various features, we collect a variety of information about Website visitors. This section describes both the Non-Personal Information and Personal Information we collect.
Each time a computer visits this Website we may collect certain information from that computer. This information is automatically collected from the computer’s web browser and may include information such as the following (“Non-Personal Information”):
- the type of web browser software the computer uses (for example, Netscape Navigator or Internet Explorer)
- the name of the domain from which the computer accessed the Internet
- the Internet address of the website from which the computer linked directly to the Website
- the date and time the computer accessed the Website
Non-Personal Information does not tell us who you are.
Also, we may place a text file called a cookie in the browser files of computers that visit this Website. Cookies are pieces of information issued by a website that, among other things, allow your computer to utilize all the features on this Website. If and when your computer accepts a cookie, the cookie may be stored on the computer’s hard drive. US Government Information Bulletin (I-034) contains a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml You are always free to decline our cookies if your browser permits, but some parts of the Website may not work properly for you if you do so.
In the course of opening or updating your account, placing an order, filling out a form on a page on this website, or taking any similar action, you may provide us with information such as your name, address, telephone number, purchase information and history, email address, credit card number, or similar information (“Personal Information”). The only way we get personal information is if you choose to give it to us.
How do We Share and Use Information?
The ways we share, use, and protect information collected over this Website depends upon the type of information involved.
We may use non-personal information to help us make the Website more useful to you and for other business purposes. For example, we may tell business partners how many computers visited this Website or what pages were most popular. We may prepare reports and other materials using non-personal information. We may use Non-Personal Information for any other purpose and may share Non-Personal Information with third parties.
If you submit personal information, you agree that we may keep a record of the personal information. For example, we may keep a record of your name, address, and credit card number in order to receive payment for your orders and in order to ship the orders. We also may use personal information to help us in our business, including but not limited to improving this Website and marketing and product development, or to contact you. You also agree that we may share personal information with other businesses that help us operate our business, such as credit card companies and shipping companies. If you complete the “Credit Reference” section you agree that we may contact the references and share your Personal Information with the references for the purpose of deciding whether to extend credit to you or to do business with you. Also, we may share personal information with other companies we do business with, such as business partners, affiliates, or successors
We may share Personal Information if required to comply with a law, regulation, court order, or other legal process. We may share Personal Information to protect our rights or property.
Email and Link Information.
Using the email address you provide us, we may send you email newsletters or similar documents from time to time. These emails may include technology that permits us to track if and when an email has been opened, as well as whether the recipient clicked on any particular link or advertisement contained in the email. This information is tracked and used for statistical analysis, to generate sales leads, and to help us operate our business. The information gathered from these emails may result in a call or email from our sales staff to provide further information on products that our emails have identified you as having an interest in.
Opt-In for Advertising and Other Communications.
You agree that we, or the third parties who help us operate this Website and conduct business, may contact you for advertising or any other purposes through any and all contact information you provide to us, such as email, telephone, fax, or mail.
California Residents only - Disclosures to Direct Marketing Entities.
This notice applies only to California residents and is made pursuant to California Civil Code § 1798.83. As noted above, we may disclose Personal Information about you, such as your email address, to third parties. If we disclose personal information about you to a third party and the third party will use that information for direct marketing purposes, you have the right to contact us at firstname.lastname@example.org to request that we notify you as to: (1) what categories of Personal Information we shared with the direct marketer; and (2) the name of the direct marketing businesses with whom we shared such information.
What About Privacy on Other Sites?
This Website may contain links to other websites. We provide these links for your convenience, but we do not review, control, or monitor the privacy practices of websites operated by others. We are not responsible for the performance of these sites or for your business dealings with them. Your use of other websites is subject to the terms and conditions of those websites, including the privacy policies of those websites.
Are There Special Rules About Children's Privacy?
This Website is designed for an adult audience only, and anyone under 18 years old must not use this Website. We will not intentionally collect online any personal information (such as a child’s name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us as described below.
Your information is stored on servers located in the United States. We and our agents who help us with hosting and security use a number of procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure, including use of encryption, "firewalls" and Secure Socket Layers. However, "perfect security" does not exist on the Internet.
You agree to follow the conduct rules listed below. If you fail to follow these conduct rules, R&D Systems may, in its sole discretion, terminate or suspend your account without refund, in addition to pursuing any other legal and equitable remedies including but not limited to money damages.
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Site or any products purchased from R&D Systems for any illegal purpose.
- You will not hold yourself out as someone you are not or otherwise impersonate any living person.
- You will not interfere or tamper with the functioning of this Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use this Site to transmit any virus or similar destructive program or code.
Ownership and Use of Materials
The materials on this Site belong to R&D Systems or its third party licensors. There are some important rules about using and copying these materials. R&D Systems grants you a limited, revocable, license to download or print one copy of the materials on this Site, but only for the purpose of ordering products on the Site. When you download or print a copy of the materials on this Site, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
The materials on this Site are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by these Terms & Conditions and the license above, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, R&D Systems automatically revokes your limited license to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with R&D Systems or its third party licensors. All rights not expressly granted are reserved.
Site Disclaimer and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, R&D SYSTEMS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE SITE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE SITE OR R&D SYSTEMS.
UNDER NO CIRCUMSTANCES SHALL R&D SYSTEMS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE.
Password and Account Security
If you have an account through the Site, you are responsible for (i) keeping your account password confidential and secured, (ii) restricting access to your computer and (iii) keeping the e-mail address associated with that account current. You accept full responsibility for all activities that occur within your Site account and/or using your password.
Links to Other Websites
This Site may contain links to websites operated by other parties. The linked websites are not under the control of R&D Systems, and R&D Systems is not responsible for the content available on any other websites linked from this Site. The appearance of the links does not imply R&D Systems’ endorsement of the material on any other website and R&D Systems disclaims all liability with regard to your access to or use of such linked websites.
This Site may include advertisements for products or services offered by other companies. R&D Systems may receive payment from these advertisers. Although R&D Systems believes you may find the information offered by advertisers to be helpful, R&D Systems does not endorse or guarantee any product or service offered by advertisers.
The Site is operated by R&D Systems from its offices in Minnesota, U.S.A. R&D Systems welcomes visitors from around the world. R&D Systems, however, makes no representation or warranty that the contents of the Site are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Site from other countries you do so at your own risk, and are responsible for compliance with applicable local laws.
Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute with R&D Systems, or in any way relating to your use of this Site or to products purchased from R&D Systems, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving R&D Systems or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the information, services or products available on this Site will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms & Conditions or your use of the Site will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms & Conditions.
R&D Systems reserves the right to make changes to the Site, including these Terms and Conditions, at any time without notice.
The following is a listing of trademarks used by R&D Systems, Inc. This list is subject to change at any time. Registration applications for several marks are pending and may become registered marks in the near future. Any rights not expressly granted herein are reserved.
Tools for Cell Biology Research™
Bio-Rad Laboratories, Inc.
If you have any questions or comments regarding the Site, the products offered, or R&D Systems, please contact us at:
614 McKinley Place NE
Minneapolis, MN 55413
Tel: (612) 379-2956
Fax: (612) 379-6580