Terms & Conditions of Sale

General Terms and Conditions

 

Terms and Conditions of Sale

IN CONNECTION WITH YOUR ORDER, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS, AND YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM US IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (I) AT LEAST 18 YEARS OF AGE OR (II) LEGAL AGE TO FORM A BINDING CONTRACT WITH FINE SCIENCE TOOLS, OR (C) ARE PROHIBITED FROM ORDERING OR OBTAINING OUR PRODUCTS OR SERVICES BY APPLICABLE LAW. IN ADDITION, YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE IF YOU ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

 

These Terms and Conditions of Sale (these “Terms”) apply to your purchase and our sale of products and services, through our website or otherwise, and are also available on our website www.finescience.com (our “Website”). These Terms are subject to change by Fine Science Tools (USA), Inc. (“FST”, “us”, “we”, or “our”) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms before purchasing any product or services whether or not purchased through our Website. Your continued use of our Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

 

You should also carefully review our Privacy Policy (https://www.finescience.com/en-US/Security-and-Privacy) before placing an order through our Website

 

Products and Services

 

All products and services offered by FST are sold with the understanding that they are used by qualified persons in veterinary, research and experimental procedures only, and are not meant for use on humans. You represent and warrant that you will comply with all export and import laws of all countries involved in the sale of the products you purchase from us, and any such products you resell or export. You assume all responsibility for shipments of the products requiring any government import clearance.

 

Order Acceptance

 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

 

Prices and Payment

 

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept Visa, MasterCard and American Express. If your purchase is made through our Website, you may submit your order with your credit card number on our secure server. If you pay for your order with a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the quoted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted to you at the time of your order.

 

Those with existing FST Net 30 accounts can pay with a valid purchase order number if you also set up a logon account on our Website.

 

All prices, discounts, and promotions posted on our Website and/or quoted to you are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted and/or quoted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your order confirmation, and, if ordering through our Website, in your shopping cart. We strive to quote and display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

 

The agreed fees and prices exclude any and all direct or indirect taxes, tariffs, levies, customs duties, fees and/or other fiscal charges of whatsoever nature (including, but not limited to, corporate taxes, stamp duties, acquisition taxes, withholding taxes, registration taxes, import duties, turnover taxes, social security contributions, etc.) (hereinafter collectively referred to as the “Taxes”) that may arise, be levied or assessed under any applicable law in connection with any services and/or deliveries specified in the contract to be concluded between the contracting parties or with respect to any payments to be made under such contract. (i) If and to the extent that such Taxes arise, are imposed on you, assessed and become due, you undertake to pay all such Taxes directly to the collecting authority and to take responsibility for them. (ii) If and to the extent that such Taxes arise and are imposed on us, a carrier assigned by us, our German supplier Fine Science Tools GmbH or another supplier of us, we will invoice you respectively and you will pay, or reimburse, any such Taxes to us.

 

Shipping and Handling Charges and Shipping and Delivery Dates

 

We will arrange for shipment of the products to you. We ship most orders within one business day of receipt. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.


USA

FedEx Ground	USD $12.00
FedEx 2nd Day	USD $17.00
FedEx Priority Overnight	USD $35.00

Canada

FedEx International Economy	USD $20.00
FedEx International Priority	USD $35.00

Other countries

FedEx International Economy	USD $35.00
FedEx International Priority	USD $65.00

 

Returns and Exchanges

 

Except for any products designated on our Website, or in any other quote, product listing or order confirmation as final sale or non-returnable, we will accept a return of the products made within twelve (12) months from the date of purchase for a refund of your purchase price, less the original shipping and handling costs. We offer no refunds on any products designated in any quote, product listing or order confirmation as final sale or non-returnable. If a product is marked as final sale or non-returnable in an order confirmation, you may withdraw or cancel such purchase by contacting customer service at +1 800-521-2109 within three business days from the date of such order confirmation.

 

We know that occasionally a return is unavoidable, so when it is necessary we want to make it easy. Just follow these simple instructions:

 

Enclose a copy of the original invoice. Please be sure to indicate the action you require; exchange, replacement, credit or refund.

 

Carefully repackage items in appropriate packaging and return to FST via the carrier of your choice. You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend insuring all packages for their full value and using a carrier that offers shipment tracking.

Return to:
Fine Science Tools (USA), Inc.
4000 East 3rd Avenue, Suite 100
Foster City, CA 94404-4824
USA

 

If you have any questions, please call customer service at +1 800-521-2109.

 

Limited Warranty and Defects

 

The delivered products must be carefully inspected immediately upon receipt. With regard to obvious defects or other defects that would have been recognizable in the course of an immediate, careful inspection, they shall be deemed approved by you if FST does not receive a written notice of defects within seven business days after delivery. With regard to other defects, the delivered items shall be deemed approved by you if we do not receive the notice of defect within seven business days of the time at which the defect became apparent; however, if the defect would have been apparent at an earlier time with normal use, such earlier point in time shall be used for the start of the notice period.

 

If the delivered item is defective, FST may initially choose whether it will provide subsequent performance by remedying the defect (rectification) or by delivering a defect-free item (replacement). The right of FST to refuse subsequent performance remains unaffected.

 

The warranty period on products delivered by FST is twelve (12) months.

 

FST may require reimbursement from the purchase of the costs incurred from the unjustified request for rectification of a defect (in particular, inspection and transport costs), unless the lack of defectiveness was not recognizable for you.

 

EXCEPT FOR THE WARRANTY SET FORTH ABOVE, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO ANY PRODUCTS OR SERVICES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

 

Limitation of Liability

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR PURCHASE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PRODUCTS OR SERVICES SOLD HEREUNDER.

 

The limitation of liability set forth above shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

 

Force Majeure

 

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

Governing Law and Jurisdiction

 

Our Website is operated from the U.S. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.