|Legalese, Our lawyers make us do this.|
PAYMENT: Payment is expected 30 days after the invoice date. Payment must be made in U.S. dollars. Wires, checks being drawn on a U.S. Bank and VISA/MasterCard are accepted. No bank fees are charged for credit card payments up to $5,000; a bank fee of 4% will be added for credit card payments over $5,000. Prices are subject to change by BLI without notice.
SHIPPING: Shipments will be made FCA, Fishers, IN; freight and insurance charges will be prepaid by Bangs and added to your invoice amount. UPS is our preferred carrier for both domestic and international packages as prepay and add to the invoice. However, if you wish to bill your company account with UPS, FEDEX for domestic or International shipping, please provide your account number at the time of placing the order. In addition, we do accept DHL collect accounts for international orders as well. Duties and customs fees are the responsibility of the receiver. BLI agrees to cooperate with, and assist, you in the presentment of any claim for product damaged or lost in transit with the applicable insurance carrier.
USE: All product is intended for in-vitro research use only. All directions concerning use of the product, given in technical publications or by technical services, are intended as guidance only. Except as otherwise specified in the Certificate of Analysis, which is incorporated herein and made a part of this Terms and Conditions of Sale, no license is either granted or implied by the sale of any product to you.
WARRANTY: BLI warrants that for a period of thirty (30) days from the shipment date of the product to you (the "Warranty Period") only that such product shall be free from defects in workmanship and materials and shall reasonably conform to the description of such product as set forth in the Certificate of Analysis which accompanies each product.
LIMITATION OF WARRANTY: Except as otherwise provided in the "Use" section above, BLI makes no warranty that use of these products will not infringe upon the intellectual property rights of any third party. THE FOREGOING WARRANTY AND THE OBLIGATIONS AND LIABILITIES OF BLI THEREUNDER, ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty obligations of BLI shall apply only if you make a warranty claim during the Warranty Period and such claim is made in accordance with the warranty claims procedure set forth below.
WARRANTY CLAIMS: If a product has a defect in materials and/or workmanship or fails to reasonably conform to the description of such product as set forth in the Certificate of Analysis accompanying each product during the Warranty Period, BLI will either refund to you the purchase price of the product or replace such product, minus a restocking fee of 20% of the product value. To properly make a warranty claim, you must call BLI's Customer Service at (317) 570-7020 prior to the expiration of the Warranty Period. BLI will issue you a Return Authorization Number and instructions on the processing of the warranty claim. BLI will not accept returns without a completed Return Authorization form faxed back to our Customer Service Department.
REMEDIES: IT IS AGREED THAT BLI's LIABILITY AND YOUR SOLE REMEDY, WHETHER IN CONTRACT, UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID BY YOU FOR THE PRODUCT OR THE REPLACEMENT OF THE PRODUCT, AND UNDER NO CIRCUMSTANCES SHALL BLI BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST EXPENSES, PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND OTHER ADDITIONAL EXPENSES, EVEN IF BLI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CONSIDERATION FOR LIMITING BLI's LIABILITY AND YOUR REMEDY AS PROVIDED HEREIN IS INCLUDED IN THE PRICE STATED FOR THE PRODUCT.
APPLICABLE LAW: The validity of these Terms and Conditions of Sale as well as their interpretation and construction shall be governed by Indiana law.
AFFIRMATIVE ACTION: Supplier warrants that it has developed and maintains affirmative action programs for minorities, women, handicapped persons, disabled veterans, and veterans of the Vietnam Era. If this Agreement meets the requirements of a subcontract under Executive Order 11246, Section 503 of the Rehabilitation Act, or Section 402 of the Vietnam Era Veterans Readjustment Assistance Act, the Equal Opportunity Clause(s) applicable under those orders, laws, and regulations are specifically incorporated herein by reference. By accepting this Agreement, the Supplier certifies that it is undertaking a commitment to equal opportunity employment and compliance with the aforementioned laws, orders, and regulations.
NOTIFICATION OF EE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT: The employee notice clause required by the U.S. Department of Labor's Final Rule Implementing Executive Order 13496 is included and made a part hereof by reference to 29 CFR Part 471, Appendix A to Subpart A.