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Terms And Conditions Of Sale

Terms and Conditions of Sale

General instruction: All purchase orders are not valid unless signed by the buyer. Ebrator Biochemicals will not recognize claims based on verbal orders.

Pricing: Orders shall not be filled at a price higher than that shown on the purchase order. Ebrator Biochemicals standard prices at time of shipment may apply. Prices are stated in U.S. Dollars.

Payment: All invoices will be made  in U.S. Dollars. All payment shall become due Thirty (30) days from delivery of goods or services to Ebrator Biochemicals. Unpaid invoices will accrue interest rate at (2%) per month.

Cancellation and Termination: Ebrator  Biochemicals reserve the right to terminate orders in whole or in part at any given time for any reason. Ebrator Biochemicals may terminate  orders  in a whole or in part if buyer defaults, files for bankruptcy protection, or fails to comply with any terms and conditions of the order. Ebrator Biochemicals  shall not be liable to the buyer for any loss, damage, or penalty as a result of order cancelation or termination.

Delivery: If delivery is not made by the date indicated on the face of this order, Ebrator Biochemicals  reserve the rights to terminate this order without any liability whatsoever.

Shipping and Delivery: Seller agrees to (a), properly pack, mark, and ship all goods and services in accordance with the requirements of Ebrator Biochemicals, relevant carriers and insurers (b), all hazardous items must comply according to IATA and 49 CFR regulation (c), prepay all charges for handling, packaging, storage, and transportation of all goods and services (d), route shipments in accordance with Ebrator Biochemicals instructions (e), Ebrator Biochemicals shall not be liable for goods and services received in excess of the quantities specified in this purchase order.

Changes: Buyer shall not have the right  to make changes in drawings, designs, specifications, materials, packaging, times, and place of delivery and method of transportations without prior authorization or by written agreement by authorized parties of both Ebrator Biochemicals and its Distributor/or  customer. If any changes cause and increase or decrease in the cost, an adjustment shall be made and this agreement shall be modified in writing accordingly. Buyer agrees to accept any such changes subject to this statement.


Specifications: All goods ordered by Ebrator Biochemical's specification must comply with such specifications current as of the date of this order unless otherwise specified by purchaser.

Substitutions shall not be accepted without the prior written authorization of purchaser. Buyer agrees not to change the raw material, design, manufacturing, or specifications without notifying Ebrator Biochemicals.

Warranty: Seller represents and warrants that (a), Seller will be in compliance with terms and conditions of this purchase order (b), all goods or services furnished under this purchase order shall conform to all specifications and appropriate standards, and will be free from defects in material or workmanship (c), a period equal to the shelf life, if the goods and services have shelf life (d), a period of one year from the date of shipment, unless the seller provides to its customers a longer warranty period for the goods and services (e), goods and services will be labeled, packaged, and ship according to IATA and 49 CFR regulation  including but not limited to the Toxic Substances Control Act of 1976, as amended (TSCA), Federal Hazardous Substances Act as amended (FHSA), Federal Food Drug and Cosmetic Act amended ( FDCA), and other rules and regulations.

Returns: Please inspect all packages immediately upon receipt of goods and notify customer service within five business days of delivery of any damage.

Returns cannot be accepted at any time unless with prior authorization by Ebrator Biochemicals. Buyer must obtain a Return Goods Authorization Number (RGA Number). Returns made without the RGA Number will be returned to subscriber, freight collect. Special orders may not be returned at any time. Orders over $40 will be subject to 25%  restacking fee and processing fee and must be returned within 30 days of purchase. Orders less than $40 may not be  authorized for return. Defective goods may be replaced.

Hazardous Chemicals: All chemicals must be handled only by experience individual trained in laboratory procedures and knowledgeable with the potential hazards of the chemicals. For MSDS please send request by email or fax.

Governing: All disputes as to the legality, application, performance of this order or any of its terms and conditions must be governed by the laws of the state of California.

Use of products:

ALL PRODUCTS PURCHASED FROM EBRATOR BIOCHEMICALS ARE FOR RESEARCH PURPOSE ONLY. NOT FOR DRUG OR CLINICAL USE, NOT FOR HUMAN USE. NOT TO BE USED IN OR ON HUMANS OR ANIMALS, NOT FOR FOOD OR FOOD ADDITIVES CONSUMPTION.

Buyers/Distributors'/End users acknowledge that products purchased and received from Ebrator Biochemicals have not been examined, inspected, and tested by Ebraotr Biochemicals for food safety, cosmetic, drug, medical devise, medical diagnostics, clinical use and other practices.

Sales Tax: Sales taxes where applicable local, state or federal will be added to the invoice price.


Export Compliance:

Buyers/Distributors acknowledges that products purchased and received from Ebraotr Biochemicals or its affiliated vendors/distributors are subject to U.S. export control laws and regulations of the United States of America. In addition, buyers/Distributors acknowledges that you will not, directly or indirectly,(a) sold, or transferred, export products, re-export, divert in violation of applicable U.S. sanctions and embargoes administered by the U.S. Department of Treasury, Office of Foreign Asset Control (OFAC). (b) sold, or transferred, export products, re-export, chemicals to embargoed countries(please refer to the link below to view list of embargoes countries as of May 2018, the United States has introduced sanctions against:

https://www.treasury.gov/resource-center/sanctions/programs/pages/programs.aspx


Indemnity

Buyer(s) shall indemnify, defend  and hold Ebrator Biochemicals  and the  employees, officers, directors, agents, share holders, stock holders of  Ebrator Biochemicals harmless from and against all claims, actions, suits, damages, liabilities, losses, settlements, judgments', expenses, costs (including but not limited to reasonable attorneys fees and costs, reasonable court fees and costs to the extent arising from or in connection with (a) use, change, modification or aesthetic integrity of a product, and  or end use of a product by anyone other than Ebrator Biochemicals without prior written approval of   Ebrator Biochemicals. (b) Buyer(s) use of a product in an application other than Research and not as an intermediate, not for drug or clinical use, not for human use or animals, not for food or food additives consumption (c) Buyer(s) hereunder agrees to use  Ebrator Biochemicals Terms and Conditions platform in compliance with all applicable laws and any written guidelines and / or contracts (d) due to any or disclosure by buyer of any company platform in violation of this agreement, or (e) to the extent arising from buyer's gross negligence or willful misconduct.

Limitations of Liability

It is understood and agreed by the buyer that Ebrator Biochemicals shall not be liable to others for any special consequential, negligence, exemplary, punitive, incidental, or indirect damages (including but not limited to reasonable costs of damages, loss of business, loss of  profits, loss of revenue, stockholders for money damages arising from or arising in connection with this Warrant Agreement  in connection with products or services provided or done or omitted to be done under this Warrant Agreement or relating to any breach of this agreement whether  in contract  or in  tort regardless of any notice of the possibility of such damages. This provision of this section shall survive termination of  this Warrant Agreement or any Amendment hereto.