Terms and Conditions of Sale
General
1. All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon the purchaser assent thereto. Terms and conditions of business deviating from the following Terms and Conditions of Sale shall only apply if they have been expressly confirmed in writing by Solchemar or other authorized representative.
2. The purchaser acknowledges that there may be hazards associated with the use of certain products offered in Solchemar's catalogue. The purchaser agrees that their personnel concerned with any such products are aware of the hazards and assumes all responsibility for the warning of their employees of all hazards to persons and property in any way connected with the products. The purchaser also assumes all responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process, and for the ultimate safe disposal of the product in accordance with applicable laws.
• Product
1. The products found in Solchemar's catalogue are intended for research use only unless otherwise stated on product labels, in Solchemar's catalogue or in other literature made available to the purchaser by Solchemar. The products offered in Solchemar's catalogue are not intended to be used as drugs, food additives, cosmetics, household chemicals, agricultural, pesticide products, or in vitro diagnostic purposes.
2. As the products listed in Solchemar's catalogue are intended primarily for research purposes they may not be listed as toxic or otherwise hazardous substances under regulations regarding such substances. The purchaser acknowledges that there may be unknown hazards associated with the use of certain products offered. The purchaser agrees that their personnel concerned with any such products are aware of the hazards and assumes all responsibility for the warning of their employees of all hazards to persons and property in any way connected with the products. The purchaser also assumes all responsibility for the results of using any product offered in combination with other articles or substances, and in any manufacturing process, and for the ultimate safe disposal of the product in accordance with applicable laws.
• Pricing
The prices listed in the catalogue are for the most frequently requested quantities and are shown in Euros. Inquires regarding other quantities should be send to Solchemar's sales departement. Contacting Solchemar's sales department the purchaser may inquire about unspecified quantities and prices related. Solchemar's reserves the right to amend prices or to discontinue products or sizes without prior notification.
• Payment
All sales are FCA Seller's shipping point, unless otherwise indicated. Freight costs are added to the final invoice. Unless expressly agreed otherwise, payment shall be made net in cash in Euros or credit transfer within 30 days from the invoice date except for the first order of a new client which has to be paid before product shipping.
• Delivery period
1. Solchemar shall make every effort to despatch deliveries within the agreed delivery period. Solchemar shall inform the purchaser if the delivery period will be longer. Solchemar reserves the right to make part-deliveries.
2. All agreed delivery dates shall be subject to proper and due receipt by Solchemar. The delivery period shall commence upon despatch of the order acknowledgment but not before the purchaser has performed any preliminary obligations. Delay in delivery of any instalment shall not relive purchaser of purchaser's obligations to accept remaining deliveries.
• Dispatch
1. The products to be delivered shall be despatch and packed in line with customary trade practices. Delivery of goods to the carrier at Solchemar's plant or other loading point, shall constitute delivery to purchaser and regardless of shipment terms all events will be made at the risk of the purchaser.
2. The general method of shipment will be in accordance with the purchaser. Nevertheless Solchemar reserves the right, in its discretion, to determine the exact method of shipment.
3. The following shall apply with regard to despatch costs: Deliveries are free of charges for orders of more than 300€ within EU. For orders which are less than 300 € there will be a charge of shipping and handling, agreed between the parts, within EU.
• Warranty
1. Solchemar warrants that, at the time of shipment, the products sold are free from defects in materials and workmanship and conform the specifications described in Solchemar literature. This warranty is exclusive, and Solchemar makes no other warranty, express or implied with respect to the product. This includes any implied warranty of merchantability or fitness for any particular purpose. Solchemar's warranties made in connection with this sale shall not be effective if Solchemar has determined, in its sole discretion, that purchaser has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Solchemar. Solchemar's sole and exclusive liability and purchaser's exclusive remedy with respect to products proved to Solchemar's satisfaction to be defective or nonconforming shall be the replacement of such products without charge or refund of the purchase price, in Solchemar's sole discretion, upon the return of such products in accordance with Solchemar's instructions. In no event shall Solchemar be liable for special, incidental or consequential damages of any kind.
2. Conditions: Unless otherwise indicated the products presented in Solchemar's catalogue are for research or manufacturing use only. They are not to be used as drugs, food additives, or general household items.
3. Nothing disclosed herein is to be constructed as a recommendation to use Solchemar's products in violation of any patents. Furthermore, Solchemar does not warrant that the product, either alone or in combination with other products, is immune from charges of patent infringement. The Solchemar will not be held responsible for patent infringements or other violations that may occur from the use of any of its products. The information presented herein and products offered are without warranty or guarantee since the ultimate conditions of use and variability of materials are beyond our control.
• Return policy
1. We at Solchemar are always available to help you should problems arise with the product, your order, or delivery. We do ask that you immediately inspect all packages upon receipt of your order and notify Solchemar's sales department within 7 days of any damages or problems. Please remember to retain the original shipping container, packaging materials, and all shipping documents.
Under no circumstances will credit, a refund or replacement be issued on returned items without authorization from Solchemar's sales department. The replacement of the item, refund of the purchase price, or crediting of the customer's account is solely at the discretion of Solchemar.
2. A full credit, refund, or replacement will be made under following circumstances:
• General conditions
All disputes as to the legality, interpretation, application, or performance of these terms and conditions shall be governed by Portuguese law. With all disputes arising from the present contractual relationship, legal action shall be brought at the court competent for the headquarters of Solchemar.