By ordering any product or material, Buyer hereby agrees to the following terms and conditions of sale:
All orders are accepted and shipped strictly subject to these general terms and conditions and no other terms and conditions printed on buyer's purchase order or otherwsie, shall be applicable to any order.
ALL ORDERS ARE ACCEPTED AND SHIPPED STRICTLY SUBJECT TO THESE GENERAL TERMS AND CONDITIONS AND NO OTHER TERMS AND CONDITIONS PRINITED ON BUYER'S PURCHASE ORDER OR OTHERWISE, SHALL BE APPLICABLE TO ANY ORDER.
All product information, prices and availability are subject to change without notice. All prices are in U.S. Dollars.
Return shipments will NOT be accepted unless we have given prior permission and complete shipping instructions. Returns will not be accepted after thirty days from the original ship date.
AK Scientific's products may be covered by use or application patents. AK Scientific Products DOES NOT WARRANT that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patent or patent application covering the product itself or the use there of in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from his use of our products.
The physical properties and other data about our products are obtained from our own data and from literature references. AK Scientific assumes no responsibility for the accuracy or completeness of such data. Buyer agrees that he or she has the responsibility to fully determine the accuracy and completeness of any technical data concerning any product or use.
No warranties by seller (other than warranty of title as provided in the uniform commercial code) shall be implied or otherwise created under the uniform commercial code, including but not limited to warranty of merchantability and warranty of fitness for a particular purpose.
LIMITATION ON CONSEQUENTIAL DAMAGES AND INDEMNIFICATION
Buyer acknowledges that there may be hazards associated with the use of certain products offered. Buyer agrees that Buyer's personnel concerned with any such product are aware of the hazards and assumes all responsibility for the warning of Buyer's employees and independent contractors of all hazards to persons and property in any way connected with the products, and Buyer agrees to instruct Buyer's employees, agents and customers to use safely such product. Buyer 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.
AK Scientific' sole obligation and the Buyer's exclusive remedy with respect to products proved to AK Scientific's satisfaction to be defective or nonconforming shall be return of such products to AK Scientific, and refund of the purchase price actually paid therefore by the Buyer. AK Scientific shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability) or other theories of law, with respect to goods sold or technical services rendered by AK Scientific, or any undertakings, acts or omissions relating thereto. Without limiting the generality of the foregoing, AK Scientific specifically disclaims any liability for property or personal injury damages penalties, special or punitive damages, damages or lost profits or revenues, loss of use of product or any associated equipment, cost of capital, cost substitute products, facilities or services, down-time, shut-down, or slow-down costs, or for any other type of economic loss and for claims of the Buyer's customers or any third party for any such damages. AK SCIENTIFIC SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDEN-TAL AND CONTINGENT DAMAGES WHATSOEVER.
The Buyer shall indemnify AK Scientific from and against any and all losses, damages and expenses (including attorney's fees and other costs of defending any action) that AK Scientific may sustain or incur as a result of any claim of breach of contract, tort (including negligence, breach of implied warranty, strict liability in tort) or other theories of law, by the Buyers, its officers, agents or employees, its successors and assigns, and its customers, or other persons, whether direct or indirect, in connection with the use of the product furnished hereunder.
Toxic Substance Control Act (TSCA)
AK Scientific does not warrant that its products are listed in the chemical substances inventory under the Toxic Substance Control Act (TSCA). The Buyer represents and warrants that the use of products purchased from Seller will be in full compliance with the act and its regulations.
CONDITIONS OF SALE
AK Scientific accepts buyer's orders solely upon the terms and conditions stated herein. Acceptance of buyer's orders is expressly conditional on buyer's acceptance of these terms and conditions.