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CR Scientific

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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