Terms governing the sale of laboratory glassware by Premier Lab Glass.
These Terms of Sale govern every quotation, order acknowledgment, and shipment by Premier Lab Glass, a division of Premier Science LLC ("Seller"), to a commercial or institutional customer ("Buyer"). They apply unless superseded by a written agreement signed by an officer of the Seller. Pre-printed terms on a Buyer's purchase order do not override these terms.
Written quotations are valid for thirty days from issuance unless a different period is stated on the quote. An order is formed when the Seller issues a written acknowledgment, not when the Buyer issues a purchase order. The Seller may decline an order and refund any deposit if a drawing is found to be unbuildable, or if export-compliance review prohibits the shipment.
Prices are quoted in U.S. dollars and exclude shipping, insurance, and applicable taxes. Standard terms are Net 30 from the invoice date for institutional customers in good standing. New customers and customers without an established credit history may be required to prepay. Past-due balances accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower.
Orders ship FOB Origin (Toledo, Ohio) unless agreed otherwise in writing. Title and risk of loss pass to the Buyer when the goods are delivered to the carrier. Delivery dates are estimates given in good faith and are not guaranteed. The Seller is not liable for delays caused by suppliers, carriers, public authorities, or other circumstances beyond its reasonable control.
The Buyer must inspect each shipment within ten business days of receipt and notify the Seller in writing of any visible damage, shortage, or non-conformance. Goods not rejected within that window are deemed accepted. Hidden defects must be reported within thirty days of discovery and within one year of shipment.
The Seller warrants that goods will conform to the written specification on the order acknowledgment, will be free from defects in material and workmanship, and will be supplied with the inspection certificate stated on the acknowledgment. The warranty is valid for one year from shipment.
The exclusive remedy for breach of warranty is, at the Seller's option, repair, replacement, or refund of the purchase price of the affected piece. The Seller is not responsible for damage caused by misuse, mishandling, thermal shock outside the rated range, exposure to incompatible chemistry (including hydrofluoric acid and strong alkali at temperature), modification, or improper installation.
NO OTHER WARRANTY IS GIVEN. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
The Seller's total liability for any claim arising out of or related to an order is limited to the purchase price of the affected goods. The Seller is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, or downtime, even if advised of the possibility.
Custom and made-to-order pieces are not returnable except for non-conformance with the specification. The Seller may require approval of an engineering drawing before fabrication; if the Buyer approves the drawing, the Buyer accepts responsibility for the geometry, and remediation of subsequent design changes will be at the Buyer's expense.
Some pieces are subject to U.S. export control law (ITAR and EAR). The Buyer represents that its purchase, end use, and end user comply with all applicable export laws and that the Buyer is not on a U.S. denied- or restricted-party list. The Seller may decline or condition any sale on compliance review. See the Export Policy for detail.
Neither party is liable for failure or delay in performance caused by war, civil unrest, labor action, public health emergency, fire, flood, earthquake, government action, supplier failure, transportation interruption, or other circumstance beyond its reasonable control.
These terms are governed by the laws of the State of Ohio, without regard to conflict-of-laws principles. The exclusive venue for any dispute is the state or federal courts located in Lucas County, Ohio. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
The order acknowledgment, the written quotation referenced in it, and these Terms of Sale together state the entire agreement between the parties for the order and supersede all prior or contemporaneous communications.