Please read this entire page carefully.
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
The full Terms of Sale / Use are detailed below. Please read
of Sale / Use
Please read this entire document and check back here periodically
for updates, amendments, and revisions.
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
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:
of Warranty; Disclaimer; Remedies:
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.
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 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)
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
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.
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
Failure to conduct all experiments, work, and/or
procedures in an appropriate laboratory facility shall also be considered
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
Allowing bystanders to be present while
using, handling, or cleaning laboratory glassware shall also be considered
sanctioned classroom demonstrations (See "3a. Classroom Demonstrations",
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.
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
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
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
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).
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).
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 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
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.
& Revision: The Company may amend, add to,
for Company to notify individual User(s) of amendments or revisions.
of amendments and revisions.
8. Consent & Agreement:
The User signifies consent and agreement to these
(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
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.
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
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.
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.
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.
Entirety: The provisions delineated
and the Order Information page (www.crscientific.com/orderinfo.html) shall
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.