Terms
of Sale and Terms of 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 the name CR Scientific, CR-Scientific, CR Scientific LLC, 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
responsibility or supervisory control over such minor(s).
"Laboratory items" shall include laboratory glassware, mineral
specimens, centrifuges, microscopes, retorts, flasks, bottles, bulbs,
crucibles, tubes, vessels, jacks, clamps, stands, electrodes, apparati,
platinum wire, graphite / carbon items, laboratory porcelain wares, epoxies,
resins, glues, ultra-violet lamps, chemical reagents, glass of all types,
rubber and/or plastic goods, and
any other item whose ostensible use is for scientific, technical, analytical,
industrial, and/or laboratory purposes.
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. The Company does not warrant
any of the information available on this website to be safe or accurate,
nor does it warrant the accuracy or safety of such information as it may
appear on any other websites or in any other sources, whether in unaltered
or in derivative form.
If the User or any third party finds any of the information on
this website to be unsafe, inaccurate, unsuitable for any purpose, 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 action, claim, or demand arising
from any source.
The Company furthermore 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. In such instances only, the manufacturer
who made such warranty shall be responsible for 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) would be used by
qualified personnel wearing proper safety gear and operating under carefully-controlled
laboratory conditions.
To the extent permitted by law, we hereby disclaim any implied or expressed
warranties regarding merchantability or fitness for a particular use. 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, expectations, and/or demands that may otherwise
have been made against the Company.
1c. Time Limitation: By ordering
merchandise from the Company, using or handling merchandise sold by the
Company, or using the Company's web site(s), User signifies agreement
that any claim, demand, or cause of action arising out of or in connection
with this agreement, with use of the Company's web site(s), and / or with
merchandise obtained from or offered by the Company, regardless of law
or statute to the contrary, must be filed within one (1) year after such
cause of action or claim arises, or else it shall be forever barred.
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, to cover any sort of claim or demand
which may arise, regardless of type and origin.
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 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, preventing underage person(s) from placing an unsupervised
order with the Company and/or from gaining unsupervised access to the
Company's web site shall be the sole responsibility of the parent(s) or
guardian(s) of said underage person(s). Failure of said parent(s)
or guardian(s) to exercise this prevention and/or supervision may be grounds
for legal action by the Company, as well as other possible action(s), against
him / her / them.
Though a number of procedures and items available on the Company's
website carry special warnings designed to discourage use by or in the
presence of 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 for exercising safety and
good judgment.
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
minors, intruders, animals, 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 furthermore 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. Though
the User is obligated under these Terms to cease and desist from all subsequent
use, handling, and misuse of such item(s), 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
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 claim(s), demand(s),
or action(s) related to or arising from 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. The
Company reserves the right to cancel order(s) at any time and for any reason;
User's sole remedy shall be refund of purchase price or cancellation
of payment for the goods ordered.
In no event shall the Company accept liability for failure to meet
a quoted delivery timetable, whether such timetable is provided by the
Company to the User or by the User to a third party. Even if the
Company provides written guarantee of delivery date to the User, in no
case shall the Company's failure to deliver within a 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 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, 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 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.
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