("ScienceKitStore") is engaged in the business of manufacturing, packaging, import and resale of Science Education Products, Laboratory and Industrial Products. By using this website or any of the ScienceKitStore's products or services, you (the "Customer") agree to be bound by the following terms and conditions which together with any purchase order or online order executed by ScienceKitStore and the Customer, comprises the entire agreement ("Agreement") between ScienceKitStore and the Customer.
1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, AND UPON CUSTOMER'S ASSENT THERETO. NO VARIATION OF THESE TERMS AND CONDITIONS WILL BE BINDING UPON ScienceKitStore UNLESS AGREED TO IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF ScienceKitStore.
2. Product Representation/ Specifications - Every effort is made to ensure accuracy in our product images, descriptions, and pricing prior to publication. However, due to occasional changes made by vendors after the date of publishing, the physical appearance of items may change or vary in color from what is shown in our catalog or website. We assure the items you receive will satisfy all product specifications and requirements. If a typographical error in pricing should occur, we are not obligated to honor the misprinted price. Please check our website for the most recent updates to product images, descriptions, and pricing. Product specifications are subject to change without prior notice.
3. Delivery - The seller fulfills his obligation to deliver when he has handed over the goods into the charge of the carrier (USPS, Fedex, UPS, TNT).
4. Damaged Shipments - Please inspect your ScienceKitStore shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an inspection by the carrier. Keep all containers and packing material for inspection. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within fifteen (15) days of delivery or you will relinquish your right to make a claim. ScienceKitStore reserves the right to repair a damaged product, where applicable, before replacement or credit is determined.
5. Payment Terms - All online orders must be prepaid. For buyers with an open account, individual invoices, net thirty (30) days from date of invoice; summary invoices, if any, will be due as agreed.
6. Sales Tax - Sales taxes where applicable (local, state or federal) will be added to the invoice price. If you are exempt from sales tax, please provide proper documentation before placing your order. If you have been charged sales tax, you can still provide tax exempt documentation and we will refund the tax amount.
7. Order Cancellation Policy - All online orders, faxed orders or mailed orders may be cancelled before they are shipped. The order cancellation fee is $3.00 plus 5% of the total invoice. The cancellation fee for custom orders and/or special orders (where we manufacture or import a product based on your order) is 30% of the total invoice.
8. Product Return Policy (See part 9 for warranty)
(a) Single unit of any product up to $99 may be returned unopened/ unused within 7 days (of the delivery date) for full refund of the purchase price. Simply use your online order number/ invoice number as the return authorization and use a track able - insured mail service for the return.
(b) If it becomes necessary to return multiple quantities of any product or your total return is more than $99, please contact Customer Service to obtain a Return Materials Authorization (RMA) number. Requests to return products must be made within 30 days of receipt of the material and returns to ScienceKitStore must be received within 30 days of RMA authorization.
(c) All returns must be authorized by ScienceKitStore. In order to insure proper credit, each product return must include the following information:
: Customer Name and Address
: Purchase Order Number (for customers with open account)
: ScienceKitStore Order Number or Invoice Number
: Date of Invoice
: Product Code of Returned Item(s)
: ScienceKitStore Return Authorization Number
: Reason for Return
(d) Products not authorized for return include:
Products not in completely resalable condition (including all packaging)
Refrigerated products or other perishables
Products purchased on a Special Order Basis
Products not purchased from ScienceKitStore
Products with an expired shelf life or an expiration date too short for resale
Discontinued products (noted as discontinued in the website)
(e) Each return shipment of hazardous materials must be packed and labeled in accordance with DOT regulations applying to transportation of hazardous materials. Shipping documents must also meet DOT regulations. When necessary, Customer shall include with each return shipment of equipment, a certification from an officer of the company that the product is not contaminated. The product should be shipped to the indicated service center and the transportation charges prepaid. To ensure prompt handling, the return authorization number should be placed on the outside of the package.
(f) All returns are subject to charges or fees according to the schedule below:
- Bank fees equal to the 5% of the total invoice.
- Inspection/ testing fee of $60/hour will be charged for every package that is opened by the customer. Inspection and testing is required to insure the integrity of the product before repackaging and resale.
- 5% restocking fee (a minimum of $10) for products returned within 7 business days from
the delivery date.
- 30% restocking fee if the product is returned after 7 business days but not later than 30 days.
- No returns will be accepted after 30 days.
- Disposal fee will be charged for any part of the product that is deemed unusable, contaminated or not in resalable condition. Many small quantity and low cost products may automatically enter this category because their overall price may not justify the cost of inspection and testing.
- Please note that although we offer free shipping, the fees we pay on our end to get your package delivered to you are not refundable.
9. Product and Service Warranties and Limitation of Liability
(a) ScienceKitStore warrants to the original Customer only, that all products provided to Customer pursuant to this agreement (each a "Product", and collectively, the "Products"), branded and private label, will meet the manufacturer's specifications for a term equal to the warranty period stated in the Product literature or sixty (60) days, whichever is longer.
(b) ScienceKitStore HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(c) The liability of ScienceKitStore under this limited warranty does not extend to any Products which are abused, altered or misused by the Customer or any other persons or entities or which become defective or non-conforming through the actions or inaction of the Customer or any other persons or entities. A defective or non-conforming Product is defined only as a Product which is outside of the manufacturer's defined Product specifications, and shall not include Products that fail to meet any fitness of use by Customer or any unique Customer operating conditions or applications.
(d) If any Product warranted hereunder proves defective or non-conforming, ScienceKitStore's sole liability and Customer's sole remedy hereunder shall be for ScienceKitStore, to repair or, at ScienceKitStore's option, (i) replace, at no cost to Customer, any such defective or non-conforming Product with a non-defective or conforming Product (as applicable) or (ii) credit Customer's account for all amounts paid with respect to the defective or non-conforming Product or Service upon ScienceKitStore's receipt of the defective or non-conforming Product. 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.
(e) If a Product should require service, contact the ScienceKitStore office nearest your location for instruction (for a complete list of offices, see your ScienceKitStore catalog). When the return of the Product is necessary, a return authorization number will be assigned and the Product shipped, transportation charges prepaid, to the indicated service center. To insure prompt handling, the return authorization number should be placed on the outside of the package and a detailed explanation of the defect enclosed with the Product.
(f) IN NO EVENT SHALL ScienceKitStore HAVE ANY OBLIGATION OR LIABILITY FOR ANY EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, USE OR GOODWILL), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE TOTAL LIABILITY OF ScienceKitStore (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS SOLD UNDER THIS AGREEMENT SHALL BE LIMITED TO THE PRICE PAID FOR SUCH PRODUCT(S) AND THE TOTAL LIABILITY OF ScienceKitStore (INCLUDING ITS SUBCONTRACTORS AND AGENTS), IF ANY, FOR DAMAGES RELATING TO ANY SERVICES PROVIDED UNDER THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID FOR THE SERVICE GIVING RISE TO SUCH CLAIM.
10. Indemnification - Customer shall defend, indemnify and hold ScienceKitStore and its officers, directors, employees, and agents harmless from and against any and all claims, actions, liability, expenses, costs, or losses arising from (i) Customer's improper use of the Product; (ii) Customer's combination or use of the Product with third party products; (iii) misuse of the Product by any end-user; (iv) the acts (or any failure to act) of Customer hereunder; and (v) any breach by Customer of its obligations hereunder. This Section 10 shall survive termination and cancellation of this Agreement.
11. Proprietary Information - Each party (a "Recipient") shall maintain in confidence, not disclose to any third party, and not use, except for the specific purpose of performing under this Agreement, all proprietary information furnished to it by the other party (a "Discloser") or any Discloser Affiliate in connection with this Agreement, or derived from the Discloser or any Discloser Affiliate in performance of this Agreement, and shall return to the Discloser or a Discloser Affiliate, upon request, all copies (then in Recipient's possession) of documents and other tangible media furnished by or derived from Discloser or such Discloser Affiliate, respectively, in connection with the performance of this Agreement. The Recipient shall inform Its employees, agents, and representatives of these obligations and shall require them to assume equivalent obligations.
(a) Start and Termination - This Agreement starts when customer initiates an order with ScienceKitStore (including online orders, mail orders, phone orders and fax orders) and will remain in effect as long as any claim may arise in relation to the order.
(b) Delivery - Delivery dates are estimated delivery times only. In the event that ScienceKitStore makes a good faith effort to deliver goods or services by the estimated delivery date, but cannot deliver such goods or services to Customer by the estimated delivery date, ScienceKitStore shall have such additional time within which to perform its obligations under this Agreement as may reasonably be necessary under the circumstances.
(c) Force Majeure - In the event either party is prevented in whole or in material part from performing its obligations under this Agreement solely as a result of force majeure, upon the prompt giving of notice to the other party detailing such force majeure event and its anticipated duration, the obligations of the party so prevented shall be excused during such period of delay, and such party shall take whatever reasonable steps are necessary to relieve the effect of such cause as rapidly as possible.
(d) Entire Agreement - This Agreement contains the entire understanding of the parties concerning the subject matter hereof and supersedes previous verbal and written communications, proposals and agreements between the parties concerning the subject matter hereof. In the event of a conflict between a purchase order and this document, the terms and conditions of this document shall prevail.
(e) Merger, Modification, Waiver - No amendment, modification or waiver of these terms shall be binding on either party unless reduced to writing and signed by an authorized officer of the party to be bound, and in the case of a waiver, shall be effective only in the specific instance and for the specific purpose for which given, and shall not be construed as a waiver of any subsequent breach. The failure of either party to enforce at any time or for any period of time any of the provisions of this Agreement shall not be construed as a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision. No course of dealing, usage of trade or course of performance shah supplement, explain or amend any term, condition or instruction of this Agreement, or any shipment of Products hereunder.
(f) Severability - If any term or provision of this Agreement or any application thereof shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms and provisions shall not be affected thereby, but shall remain valid and enforceable.
(g) Applicable Law, Venue - This Agreement is made pursuant to, and shall be construed and enforced exclusively in accordance with, the internal laws of the State of California (and United States federal law, to the extent applicable), without giving effect to otherwise applicable principles of conflicts of law. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement against any of the parties shall be brought in the courts of the State of California, or, if applicable, in the United States District Court for the Central District of California, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.
(h) Claims Cutoff - Regardless of any contrary statute or law, any suit seeking to enforce any provision of, or based on any right arising out of this Agreement must be filed within ninety (90) days after (a) delivery of the subject goods or services, or (b) in the case of a warranty claim, the time at which a such claim is brought within the warranty period; otherwise such suit will be barred forever. Upon discovery of any claim against ScienceKitStore, Customer shall promptly notify ScienceKitStore in writing of such claim, shall cooperate in any investigation made with respect thereto, and shall preserve and provide access to witnesses, physical evidence, and reports related thereto.
(i) Authority to Enter Into Agreement - Each party represents and warrants that it is authorized to enter into this Agreement and that in so doing it is not in violation of the terms or conditions of any contract or other agreement to which it may be a party.
(j) Assignment - This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees; provided, however, neither party shall have the right to transfer, assign or delegate its rights or obligations under this Agreement or any portion thereof without the prior written consent of the other party (except that either party may assign this Agreement to a parent, subsidiary or successor corporation without such consent).
(k) Nature of Relationship - Neither party, its employees or permitted subcontractors or agents shall, under any circumstances, be considered to be an agent, partner, joint venture or representative of the other party.
13. Questions? Contact Our Customer Service Team!
If you don’t see the answers you’re looking for on this page, contact us and we’ll be happy to assist you. Contact us by phone or email for quick answers and easy ordering.
1059 Main Avenue,
Clifton, NJ 07011, USA
Phone: (973) 777-8667
Fax: (973) 272-1073