article index
online catalog
free newsletter



contact
ordering information
Privacy policy



CR Scientific


Please read this entire page carefully.  

SUMMARY:  You are expected to use any & all information and  merchandise furnished by CR Scientific LLC in such a way as to avoid  harm to yourself, others, property, or any combination of these.  

You assume full responsibility for anything that may happen in connection with use of the merchandise and/or information.

You also voluntarily give up certain legal rights you may otherwise have had.  

The full Terms of Sale / Use are detailed below.  Please read them carefully.

Terms of Sale / Use

Please read this entire document and check back here periodically for updates, amendments, and revisions. 


I. Definitions:  The following definitions shall apply throughout these Terms:

"Company" shall mean CR Scientific LLC, whether or not doing business under that name or other name(s).  Throughout these Terms of Sale / Terms of Use, the term "Company" shall also extend to CR Scientific LLC's individual founder(s), member(s), officer(s), sales representative(s), employee(s), assign(s), and successor(s), to the fullest extent that such meaning and/or usage provides protection to said person(s).

"Qualified", "trained", "competent" (and similar terms) shall mean a person who either possess a formal degree in a relevant physical science or who has acquired a reasonable level of competence gained by experience in a laboratory setting.  "Reasonable level of competence", as well as the decision of whether or not a person has attained that competence, may be determined by the Company exclusively and at its sole discretion, if so desired by the Company.  

"User" shall mean any person or persons who access this website, use information which is or was at any time available on this website, and/or purchase merchandise from this website, from the Company's print catalog(s) or flier(s), from phone contact with the Company, or from any other connection with the Company.   The User shall not be deemed an agent or representative of the Company.   In any case where the person buying merchandise from the Company is a minor (i.e., not of legal age to enter into a binding contract), the term "User" shall mean the legal adult(s), parent(s) and/or guardian(s) having custodial or supervisory responsibility over such minor(s).

"Laboratory item(s)" shall include any item whose ostensible use is for scientific, technical, analytical, industrial, and/or laboratory purposes.  Examples include but are not limited to:  glassware, tubing, support stands, clamps, jack stands, hot plates, pipettes, burettes, beakers, flasks, retorts, microscopes, centrifuges, magnifiers, rock / mineral / fossil specimens, and epoxy adhesives.

"Claim(s)" shall mean any type of demand, action, or lawsuit brought against the Company for any reason, whether brought on behalf of the User, any third party, multiple parties, or any combination of these.


II. Provisions & Applicability:


1. Limitation of Warranty;  Disclaimer;  Remedies: 

1a.) Information, Procedures, & Articles:  Although the information on this website is thought by its author(s) to be correct according to the best of his/her/their current knowledge, it is not guaranteed to be free of errors or to be suitable for a particular use.  All information is provided strictly on an as-is and as-available basis.  Some of the procedures on this website can lead to injury, death, and/or loss if they are carried out improperly or otherwise acted upon. 

If the User or any third party finds any of the information on this website to be  unsuitable for any purpose, unsafe, inaccurate, and/or harmful, or if the User or any third party suffers financial loss, personal injury, hardship, and/or death from acting on the information on this website, the sole remedy available to the User shall be to refrain from accessing this website and from using the information available on this website.  The User shall furthermore hold harmless, indemnify, and otherwise shield Company (according to the section "Indemnity", below) from any and all Claims.

Derivative Works / Mirror Sites:  The Company accepts no responsibility for information which appears on websites or in other sources not controlled or owned by the Company, even if such information is in some way based on, connected with, referenced by, or partly or wholly identical to information that is provided by the Company or appears on the Company's website(s). 


1b.) Merchandise, Products, & Tangible Items:  Laboratory items, glassware, and any other tangible goods for sale on this website are sold on an as-is, as-available basis and are not warranted to be suitable for any particular use, except in such case as the manufacturer of that particular item already offers an explicit warranty.  Where a manufacturer has made an explicit warranty, that manufacturer alone shall be responsible for all obligations or claims regarding merchantability and/or fitness of the item(s) for a particlar use.

Any purported use(s) expressed or implied by the Company are merely examples of how the item(s) might be used by qualified personnel wearing proper safety gear and operating under carefully-controlled laboratory conditions in such a way as to shield without harm or otherwise negate any and all potentially harmful outcomes. 

To the extent permitted by law, we hereby disclaim any implied or expressed warranties regarding merchantability or fitness for a particular use, with sole exception being manufacturer-supplied warranties, as mentioned above.  The sole remedy available to the User shall be refund of the purchase price of the item(s) bought by the User.

For all items, misuse (sections 4a. and 4b., below) shall in any case void any and all Claims that may otherwise have been made against the Company.



2.  Indemnity: 

The User agrees to indemnify the Company and hold the Company harmless from & against any claim, expense, demand, suit, or loss arising in connection with use or misuse of the Company's web site(s), information contained on the Company's web site(s), and/or merchandise obtained from or offered by the Company.  Such indemnity shall extend to the fullest degree not expressly prohibited by statutory law.

Indemnity shall in any case extend to any claim, expense, demand, suit, or cause of action arising from act(s), error(s), and/or omission(s) by the User and/or any third party in relation to merchandise and/or information that is or was at any time obtained from the Company by the User.

The User agrees to pay the Company's legal defense costs, including any and all reasonable attorney fees, that may arise from or in connection with any demand(s), suit(s), claim(s), or cause(s) of action brought against the Company, regardless of origin of such demand(s), claim(s), suit(s), or cause(s) of action.

Negligence and/or oversight on the part of the Company shall not invalidate, negate or void the User's agreement to the Indemnity provisions described above.


3.  Children's Use & Classroom Policy:  The articles, procedures, and laboratory items made available by the Company are intended for adults who are competent in laboratory techniques and who are able to evaluate scientific / technical information and check it for errors.  Where any article, procedure, item, and/or piece of merchandise is described or implied as being suitable for children, supervision by a competent adult is still required.

The Company will not fill an order if there is reasonable and direct evidence that the would-be buyer is a non-qualified person (e.g., a minor acting without suitable adult supervision).  However, it shall be the sole responsibility of the parent(s) or guardian(s) of underage person(s) to prevent such person(s) from placing unsupervised order(s) with the Company, engaging in unsupervised use of merchandise sold by the Company, and gaining unsupervised access to the Company's web site.  Failure of parent(s) or guardian(s) to exercise this prevention and/or supervision may be grounds for legal action by the Company and may furthermore constitute criminal offense on the part of said parent(s) and/or guardian(s).

Though a number of procedures and items available on the Company's website carry special warnings designed to discourage minors or unqualified adults, the lack of such warnings does not absolve the User from failure to exercise caution, scientific/technical competence, and good judgement.

3a.)  Classroom Demonstrations:  Any use of the information available on this website or of the merchandise offered on this website in situations where minors are necessarily present, as in a classroom demonstration, must occur only under the most rigorously-supervised conditions.  However, it is still up to the User to avoid doing, suggesting, or allowing any procedure which is too dangerous to perform when minors are present. 

User assumes any and all responsibility for assigning, allowing, and/or directing any other person(s) to conduct classroom demonstration(s);  this responsibility shall extend to the outcome and/or consequences of such demonstration(s). The perceived need or desire to perform a classroom demonstration in no way absolves the User of responsibility.

The User must ensure that any demonstration(s) are conducted in such a way that no minor(s), student(s), and/or other bystander(s) can be harmed in the event of an accident or other dangerous outcome.  Failure of the User to protect such parties from harm shall be considered a breach of these Terms and may in some circumstances constitute a criminal offense.


4. Misuse: 

4a.)  Circumstances of "Misuse":
Circumstances constituting misuse include but are not limited to the following categories:

Use of laboratory items for food, household, drug, and/or cosmetic purposes shall constitute misuse.

Failing to wear laboratory safety goggles at all times during use, cleaning, and/or handling of laboratory equipment shall be considered misuse. 

Failure to prevent access to laboratory items and/or chemical reagents by intruders, animals, unsupervised or improperly-supervised minors, and/or persons who are untrained, uninformed, intoxicated, impaired, mentally incompetent, and/or lacking full motor control shall also be considered misuse and may furthermore incur criminal penalties.

Failure to conduct all experiments, work, and/or procedures in an appropriate laboratory facility shall also be considered misuse.

Failure to employ proper techniques and safety gear in such a manner as to prevent injury shall be considered misuse.

Acting on the scientific information, procedures, or claims contained within this website without first double-checking them for accuracy against at least two,  published scientific textbooks or peer-reviewed scientific journal articles shall also be considered misuse.

Allowing bystanders to be present while using, handling, or cleaning laboratory glassware shall also be considered misuse, except as specifically provided by these Terms of Use regarding sanctioned classroom demonstrations (See "3a. Classroom Demonstrations", above). 

Heating glassware with a direct flame without using an appropriate method to diffuse the heat (e.g., a "sand bath") shall also be considered misuse.

Using laboratory items and/or chemicals in an area in which incompatible materials are stored together or in close proximity to each other (e.g., strong acids near strong bases;  water-reactive chemicals near water or moisture;  strong oxidizers near reducing agents; etc.) shall also be considered misuse.

Using laboratory items in a facility that lacks an emergency eye wash station, an emergency deluge shower, and a laboratory fume hood may also be considered misuse depending on additional circumstances.    Failing to maintain and use these safety devices where appropriate shall in every case be considered misuse.

Using laboratory items while under the influence of alcohol, narcotics, muscle relaxants, tranquilizers, stimulants, and/or medications which impair judgment, sensory perception, and/or motor control shall also be considered misuse.

Handling or disposal of hazardous materials in a manner that causes harm, immediate or delayed, to oneself or to others shall also be considered misuse and may furthermore invite criminal penalties.

Attempting to saw, grind or pulverize radioactive or poisonous materials without proper safety equipment and/or in a manner that causes particles to become airborne or to enter the body shall also be considered misuse.  Deliberately, negligently, or maliciously causing exposure of any person to radiation and/or hazardous materials shall be considered misuse and may furthermore invite criminal penalties.

Producing or attempting to produce explosives shall also be considered misuse and may furthermore invite criminal penalties.

Growing or attempting to grow pathogenic organisms shall also be considered misuse and may furthermore invite criminal penalties.

Producing or attempting to produce illegal drugs, including but not limited to methamphetamine or "meth", shall also be considered misuse and may furthermore invite criminal penalties.  

Producing or attempting to produce chemical warfare agents, nerve agents, or other substances calculated or designed to produce harm or death shall also be considered misuse and may furthermore invite criminal penalties.


4b.) Misuse Policy:  Laboratory items are not intended for anyone who will subject them to misuse or otherwise handle them in a negligent or irresponsible fashion, including (but not limited to) any fashion that causes injury to any person(s). 

User assumes the full burden of proof to demonstrate that misuse did not take place in any circumstance that may come into question at any time.

Laboratory items that have been subjected to misuse are not eligible for refund or exchange.  The User is obligated under these Terms to cease and desist from all subsequent use, handling, and misuse of such item(s);  however, the Company shall in no way be obligated to provide refund(s) for such item(s).

Misuse of laboratory items may be grounds for legal action and/or criminal prosecution against the misuser(s). 

Informational articles on this website, including the CR Scientific Newsletter, are expressly forbidden to anyone who will misuse them or otherwise act on the information contained in them in such a manner as to cause damage to property,  violation of one or more laws, harm to self and/or to others, and/or death.  Failure to abide by this provision may result in legal action and / or criminal prosecution against the offender(s).


5.  Availability of Goods;  Refusal of Service:  The Company makes no guarantee that goods offered for sale on this site will be in stock or otherwise available within the timetable requested by the User or any third party.  The Company shall not be liable for any consequence(s) of failure of goods to arrive within the timetable specified, requested, and/or insisted upon by the User and/or any third party, except to the extent of refunding the purchase price to the User upon the User's return of goods to the Company. 

The Company shall not be reponsible for errors in estimating shipment dates or reporting available stock quantities of merchandise. 

Even if the Company provides written estimate or guarantee of delivery date to the User, in no case shall the Company's failure to deliver within specified timetable incur liability beyond refund of the purchase price of the goods ordered.

The Company reserves the right to refuse service and/or cancel order(s) to anyone, at any time and for any reason, the sole remedy being refund of purchase price.  The Company shall not be required to make any of its web pages or articles unavailable to any specific User(s);  the sole remedy for the User(s) is to refrain from accessing the Company's web site(s).


6. Severability:  If any provision or subsection of these Terms of Use or its application to any person or circumstance is legally negated or otherwise held invalid and/or inapplicable, such condition shall not take away from, negate or render invalid any other provisions or applications which can still be given effect or continue to exist in the absence of the negated provision(s);  thus, the provisions of these Terms of Use are severable. 

In the event that any provision(s) or part(s) of any provision is/are severed, there shall in lieu, at the Company's option, be added a provision as similar in terms to such invalid, stricken, unenforceable, and/or illegal provision(s) or part(s) as possible while still being valid, enforceable, and legal.


7. Amendment & Revision:  The Company may amend, add to, or revise the Terms of Use at any time.  It shall not be necessary for Company to notify individual User(s) of amendments or revisions.  The User must check on these Terms of Use periodically to stay informed of amendments and revisions.


8. Consent & Agreement:  The User signifies consent and agreement to these Terms of Sale and Terms of Use by doing at least one the following:
(1.) Accepting delivery of goods purchased from or otherwise obtained from the Company at any time;
(2.) Using or acting on any information contained, now or at any time, on the Company's web site(s).
(3.) Using or acting on any information contained, now or at any time, on third party web site(s) containing information derived from or originally provided by the Company.
(4.) Using, handling, or receiving any item(s) which originated from the Company or were at any time offered for sale to any party by the Company.

Anyone not agreeing to the Terms of Sale and Terms of Use in their entirety must immediately refrain from using this website AND immediately refrain from using any item(s) purchased from this website or otherwise obtained from the Company.


9. Jurisdiction, Venue, and Governing Law:  For purposes of this section, all sales shall be deemed to have occurred in the state where the Company is physically located.  To the extent required by law, this shall determine jurisdiction by court(s) and/or arbitrator(s) over any action, claim, proceeding, or demand which may arise against the Company and / or its founder(s), member(s), officer(s), sales representative(s), or employee(s).  User hereby consents that any disputes, proceedings, actions, and/or claims will be handled by a legal venue of the Company's choosing, as permitted by law.  The User hereby waives any objection to or choice in the selection of venue or jurisdiction, regardless of what venue or choice of jurisdiction may otherwise have been available to User.

By using this website or accepting delivery of any goods from the Company, the User consents to binding arbitration in lieu of court proceedings if the Company so chooses and is permitted by law.  THE USER HEREBY EXPRESSLY AND KNOWINGLY WAIVES CERTAIN RIGHTS THAT HE OR SHE MAY OTHERWISE HAVE HAD, TO WIT:  THE RIGHT TO BRING LITIGATION THROUGH A COURT OR IN FRONT OF A JUDGE AND / OR JURY, TO FILE OR PARTICIPATE IN CLAIMS OR SUITS BROUGHT IN AGGREGATE AGAINST THE COMPANY, AND/OR TO FILE / PARTICIPATE IN LAWSUITS AND/OR TORT CLAIMS AGAINST THE COMPANY.   THESE RIGHTS ARE HEREBY REPLACED IN FAVOR OF BINDING ARBITRATION IF THE COMPANY SO CHOOSES.  In addition to the possibility of handling or evaluating any claim, demand, dispute, or complaint brought by the User or any third party against the Company, the arbitration forum chosen by the Company may furthermore settle any question of appropriateness of arbitration.

The Company shall have the right to dismiss immediately and at any time any proceedings which do not conform to the requirements set forth in this section (i.e., "9. Jurisdiction, Venue, and Governing Law").  No action taken by the Company in answering, defending, counter-claiming, or disputing any demand(s), complaint(s), claim(s), or action(s) made against it shall constitute a waiver of this right to dismissal.  If the User and/or any third party brings any action, suit, complaint, or proceeding against the Company, the User shall be liable to the Company for any attorney fees, transportation and lodging costs, and expenses associated with dismissing the action, suit, or proceeding and/or with transferring it to a venue of the Company's choosing. 

The User shall furthermore remain liable to the Company for any attorney fees, costs, and / or expenses outlined in the other sections of these Terms.


10.  No Assignment or Transfer 
The User may not assign or transfer rights or obligations under these Terms to any third party without prior written consent from the Company.


11.  Privacy Policy;  Shipping and Return Policy:  The Company's Privacy and Security Policy is available at http://www.crscientific.com/privacy.html ;  the Company's Shipping / Return Policy is available at http://www.crscientific.com/orderinfo.html.  Both of these shall be considered part of the Terms of Sale / Terms of Use agreement;  in other words, by using this website or any merchandise offered for sale on it, the User also agrees to the Privacy Policy and the Shipping / Return Policy.


12.  Entirety:  The provisions delineated above, together with the Privacy Policy (www.crscientific.com/privacy.html) and the Order Information page (www.crscientific.com/orderinfo.html) shall constitute the entire Terms of Sale and Terms of Use for this web site, for any information available on it, and for any merchandise offered for sale by the Company.  These Terms shall take precedence over all other forms of communication between the Company and the User.




Articles index
Catalog
Main Page