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These terms, conditions and provisions of sale (“Terms of Sale”), are entered into by and between NEU-TEC Group, Inc. doing business as Neutec Group, a New York Corporation, having its principal place of business at 1 Lenox avenue, Farmingdale, NY 11735 (“Neutec”) and you, the customer and buyer, (“Customer”) under and by which the Customer purchases products (“Products”) from Neutec. These Terms of Sale take precedence over any terms, conditions and provisions that are contained within the Customer’s Purchase Order or in any other correspondence or documentation submitted by the Customer to Neutec, which are additional to, different from, dissimilar to, and/or conflicting in any way with these Terms of Sale (collectively the, “Different and Conflicting Terms”). No Different and Conflicting Terms shall be binding upon Neutec. The Terms of Sale shall apply regardless of any Different and Conflicting Terms which Different and Conflicting Terms are deemed rejected by Neutec. Customer’s acceptance of the Products delivery shall be deemed to constitute Customer’s acceptance of the Terms of Sale in their entirety. Customer’s acceptance is limited to the Terms of Sale and the sale of the Products and/or Services are conditioned upon Customer’s assent to the Terms of Sale.

Prices

All prices are in US Dollars. Prices for Products shall be the price stated and specified in Neutec’s invoice (the “Invoice”) for the Product. Neutec’s price quotations, unless otherwise stated, shall automatically expire thirty (30) days from the date issued and may be cancelled or amended within that period upon notice to Customer. Prices for undelivered products may be increased in the event of any cause beyond Neutec’s reasonable control.

All prices are exclusive of any freight, handling and shipping insurance charges, taxes, fees and duties or other similar amounts, however designated, including without limitation value added, sales and use taxes which are levied or based upon the prices, charges or upon these Terms of Sale. Customer shall pay all taxes related to Products sold to the Customer subject to these Terms of Sale (except for taxes based on Neutec’s revenue income) or if the Customer claim it is tax exempt, then the Customer shall present to Neutec an exemption certificate acceptable to all relevant taxing authorities. Applicable taxes shall, to the extent practical, be billed as a separate item on the Invoice.

Notwithstanding any electronic acceptance by Neutec, Neutec will not be bound by any pricing error on its website.

Sales Tax Policy

We have prepared this sales tax policy statement to explain when and why we collect sales tax or use tax on purchases. Neutec collects sales tax in states where we have physical presence (or nexus), currently Missouri, New York, and North Carolina. Currently, Neutec does not collect sales tax or use tax in any state NOT listed above because Neutec is not required by law to collect sales or use tax in these states. If the law changes, Neutec may be required to collect sales and use taxes in other states without prior notice to its Customers.

Orders

Subject to Neutec’s acceptance and the Terms of Sale, the Customer shall purchase Products by issuing a Purchase Order, signed by the Customer if requested by Neutec, or (in the case of electronic transmission) sent by Customer’s authorized representative, indicating specific Products the Customer seeks to purchase, and indicating Neutec’s Product numbers, quantity, unit price, total purchase price, shipping instructions, requested shipping dates, bill-to and ship-to addresses, tax exempt certifications, if applicable. The terms of these Terms of Sale shall apply, regardless of any additional or conflicting terms contained within any Purchase Order or other correspondence or documentation submitted by Customer to Neutec, and any such additional or conflicting terms are rejected by Neutec. All Purchase Orders placed by Customer are subject to Neutec’s acceptance. Upon and subject to approval by Neutec following Neutec’s receipt of any Purchase Order, Neutec’s Customer Service Department will review and accept or decline any or all Purchase Orders for the purchase of Products, and no other person is authorized to accept Purchase Orders on behalf of Neutec. Without waiving any provision herein, Neutec may accept a Purchase Order even if some of the information required above is missing or incomplete.

Minimum Orders

Domestic Orders

Neutec requires a minimum order of $75.00 for all Domestic orders (excluding shipping charges and taxes).

International Orders

Neutec requires a minimum order of $200.00 for all International orders (excluding shipping charges and taxes).

Payment Terms

Open Credit

After the first three orders, Customer may apply for open credit. Terms of Net 30 days are provided to Customers with approved credit applications. Payment must be received within 30 days of invoice date. Delinquent accounts are subject to credit hold delays. A $50.00 fee will be charged for all returned checks. Payment terms may be modified at any time without notice.

New Customers

The first three orders from new Customers must be prepaid via credit card, check, EFT/ACH or wire transfer (wire transfer for international customers only, a wire transfer fee of $20 will be charged). Visa, Master Card and American Express credits cards are accepted. Credit card payments are subject to a 2.5% convenience fee.

Special Order Items

A Special Order item is any non-stock item that is ordered by Neutec to fulfill a specific Customer’s order. At the sole discretion of Neutec, Special Order items may also require prepayment. Cancellation requests for Special Order items made more than (48) hours after order acknowledgement are subject up to a 25% cancellation fee. After (5) business days, special order items are non-cancellable and non-returnable.

International Orders and Shipments

Neutec requires a minimum order of $200.00 for all International orders (excluding shipping charges and taxes),

Neutec only ships to the Continental US and Canada. For all other international destinations, Customer must supply a Continental US shipping address. Alternatively, Customer may arrange to have their freight forwarder pick up their order from Neutec in Farmingdale, NY.

International shipments are subject to a minimum $50.00 document processing fee. Neutec does not prepare export documents for orders shipped to the Continental US.

Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance for the Products. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Neutec or any of Neutec’s affiliates. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license.

Shipping Policy

All products are shipped FOB Origin (EX-WORKS). All orders will be shipped via our preferred small package carrier or LTL carrier. All orders will be insured for the invoice amount. Freight will be prepaid and added to the invoice. All special shipping instructions must be included on each purchase order at the time the order is placed or the order will be shipped as stated above. In addition to the purchase price for the Products, the Customer shall pay all shipping, handling and insurance charges, carrier surcharges, special packaging materials, and any fees imposed by government regulation. Delivery of the Product to the shipping carrier shall constitute delivery to Customer and title and risk of loss shall thereupon pass to Customer. Customer acknowledges that delivery dates provided by Neutec are estimates only and Neutec shall not be liable for delays in delivery or for failure to perform for any reason, including but not limited to those causes beyond Neutec’s control. Delivery of a quantity of Products, which varies from the quantity specified, shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments.

NEUTEC SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. NEUTEC NEITHER SHALL HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT NOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF NEUTEC.

Acceptance and Returns

Product will be deemed to have been accepted by the Customer upon Product’s delivery to Customer unless rejected upon its receipt. Any discrepancy in shipment quantity must be reported to Neutec within five (5) days of delivery date of the Products.

Customer shall promptly perform whatever inspection or tests the Customer deems necessary but in no event later than five (5) days after the Product’s delivery, after which time Customer will be deemed to have irrevocably accepted the Product. If any Product is not functioning properly, Customer must report same to our Technical Service & Support Department within said five day period. If our technician determines that the unit is defective, Customer will be issued a Return Material Authorization (RMA) with instructions on how to return the unit to Neutec. Neutec reserves the right to repair or replace the Product at its sole discretion before issuing a credit.

Return Merchandise Authorization (RMA) for Equipment Service of Repair

Neutec will not accept returns without a Return Merchandise Authorization (RMA). Customer must contact our Technical Service & Support Department at 516-870-0877 opt 3 to obtain an RMA instruction packet. All RMA forms must be completed per the provided instructions. The Declaration of Equipment Decontamination (DED) and the Label/Packing List must be attached to the outside of the shipping carton. Unit must be received within 10 days of the issuance of the RMA number. Insure your shipment to Neutec. Neutec will not be responsible for shipping damages. Important: Neutec cannot accept instruments which have been exposed to radioactive, microbiological or explosive load that have not been professionally cleaned and decontaminated.

Return Merchandise Authorization (RMA) for Unused Merchandise in Saleable Condition

Customer may return unused Product in saleable condition by requesting within 10 days of invoice a return merchandise authorization (RMA) from our Customer Service Department at 516-870-0877 opt 2. Each RMA will include detailed instructions for returning merchandise to Neutec. To ensure proper credit, please follow the instructions received with the RMA. All returns must be received within 10 days of the issuance date of the RMA.

Neutec does not accept Product returns unless the Product is returned to Neutec, and packed and shipped to Neutec in its original packaging, and the cost of its shipping and insurance against loss is paid by the Customer. Return shipments received without an RMA will be refused.

Any returned Product shall be returned subject to a minimum 20% restocking fee. The actual amount of the restocking fee will be determined after the Product has been returned to Neutec and its condition has been evaluated. Neutec reserves the right to deny any Product return if the Product is returned in less than saleable condition. Products not eligible for return shall be returned to the Customer freight collect.

Installation costs, travel, training and shipping expenses are non-refundable.

Non-returnable / Non-refundable Products

The following products are non-returnable and non-refundable: items ordered on a Special Order basis, discontinued/final sale items, consumable items with an expired shelf life or an expiration date too short for resale, consumables sensitive to storage/handling conditions such as water activity (aW) calibration salts, unsealed filters, spiral plater tips and beakers, sterile bags, etc. Products not purchased directly from Neutec Group.

Freight Claims: Damages & Shortages

All merchandise is shipped FOB Origin. Customer accepts responsibility for the shipment once it leaves Neutec. Customer is responsible for inspecting shipment upon receipt. If any damage (or possible shortage due to damage) is noticed at time of delivery shipment should be signed for as “damaged - pending inspection.” If the contents of the shipment are found to be damaged or missing due to damage to the outer carton Customer must notify the carrier immediately to file a claim and to arrange an inspection of the shipment. Damaged goods must be made available for freight carrier inspection or claim may be denied. Keep all cartons, packing and other shipping material until the claim has been settled. Customer is not authorized to deduct or hold back payment for damaged items and payment of the invoice is due in full within the agreed upon invoice terms. In the event that the carrier settles the claim with Neutec, as the shipper of record, any settlement amount received by Neutec on behalf of the Customer will be issued to the Customer upon receipt from the carrier. Neutec reserves the right to repair or replace a damaged Product at its sole discretion before issuing a credit.

Failure to follow the claim instructions above will result in denial of claim by both Neutec and the respective carrier.

Product & Service Warranties and Limitation of Liability

Except for Masticators and Stirring line equipment, Neutec warrants that commencing from the Product’s date of shipment and continuing for a period of one (1) years thereafter, that the Product will be free from defects in material and workmanship under normal use. Neutec warrants that all Stirring line equipment commencing from the date of shipment and continuing for a period of two (2) years thereafter, will be free from defects in material and workmanship under normal use. Neutec warrants that all Masticators commencing from the Product’s date of shipment and continuing for a period of three (3) years thereafter, that the Product will be free from defects in material and workmanship under normal use.

This warranty does not apply to defects resulting from unauthorized modification, misuse, or use of the Product for any reason other than its intended purpose. This limited warranty extends only to the Customer and the end user of the Product. The end user and the Customer’s sole and exclusive remedy and the entire liability of Neutec under this limited warranty will be, at Neutec's option, as follows: (i) the Product’s repair; or (ii) shipment of a replacement Product within the warranty period. To exercise this limited warranty, the Customer and end user must contact Neutec’s Technical Service & Support Department by telephone at 516-870-0877 opt 3 or our website to receive Neutec’s instructions for the Product’s return and/or repair. If the Product is repaired, Neutec will ship the repaired Product to the Customer. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY NEUTEC IN CONNECTION WITH THE PRODUCT, AND NEUTEC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

In the event of replacement, the replacement Product will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.

The limited warranty does not apply, and no warranty shall be deemed applicable, given or provided by Neutec, if: (a) the Product has been altered, except by Neutec or Neutec’s authorized representative; (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Neutec; (c) the Product has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) if the Customer fails to pay the purchase price.

The Neutec Technical Service & Support Department will determine if a failure during the warranty period is a direct result of a manufacturing/mechanical error (which is covered under warranty) or user error/normal wear and tear (which is not covered under warranty). In the event the Neutec Technical Service & Support Department deems the failure of a unit as a non-warranty event due to misuse or normal wear and tear, any costs associated with the repair of the unit (including but not limited to labor charges, parts costs, travel costs, shipping costs, etc.) will be the responsibility of the Customer. Warranty does not cover shipping to and from customer's location or travel expenses. These costs are the sole responsibility of the customer.

DISCLAIMER OF WARRANTY

EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY NEUTEC. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS LIMITIED WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NEUTEC HEREBY DISCLAIMS AND CUSTOMER WAIVES ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, SATISFACTORY QUALITY, QUIET ENJOYMENT, ACCURACY, OR SYSTEM INTEGRATION, OR (B) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN THE INDUSTRY. TO THE EXTENT AN IMPLIED WARRANTY OR CONDITION CANNOT BE DISCLAIMED, SUCH WARRANTY OR CONDITION IS LIMITED IN DURATION TO THE APPLICABLE EXPRESS WARRANTY PERIOD. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND NEUTEC SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, EVEN IF NEUTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER’S RECOVERY FROM NEUTEC FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH GAVE RISE TO SUCH CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. NEUTEC SHALL NOT BE LIABLE FOR AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD NEUTEC HARMLESS FROM ANY CLAIMS BASED ON NEUTEC’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY PRODUCT(S) BY PARTIES OTHER THAN NEUTEC, THE END USER’S USE OF THE PRODUCT, AND THE PRODUCT’S USE IN COMBINATION WITH OTHER EQUIPMENT, GOODS AND/OR PRODUCTS. IF, FOR ANY REASON, THE FOREGOING LIMITATIONS ARE FOUND BY AN ARBITRATION PANEL OR COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER ANY APPLICABLE LAW, CUSTOMER AGREES THAT NEUTEC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO CUSTOMER’S PURCHASE PRICE FOR THE PRODUCT OR SERVICE, WHICH GAVE RISE TO SUCH CLAIM, WITHOUT REGARD TO ANY ACTUAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES PROVIDED BY ANY SUCH APPLICABLE LAW.

LAWS / JURISDICTION / ATTORNEY FEES

To the fullest extent permitted by law, all purchases by Customer from Neutec shall be governed by New York laws, without reference to any such laws pertaining to conflicts of laws. The parties agree and consent to the jurisdiction of the appropriate court in the State of New York and County of Nassau to resolve any disputes arising under a Purchase Order. THE PARTIES EXPRESSLY WAIVE ALL RIGHTS TO A TRIAL BY JURY. Neutec shall be entitled to collect its reasonable attorney fees and costs incurred by it in collecting any monies due it from the Customer.

 

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