TERMS AND CONDITIONS OF SALE

PRICES All prices are subject to change without prior notice. Proforma Invoices and Price Quotations from ELCHEMA Company expire on the date noted on these documents. All orders based on written or verbal quotations are subject to acceptance by ELCHEMA. Prices are quoted F.O.B. Potsdam, New York, and do not include city, state, excise taxes or import duty if applicable.

TAXES AND

SURCHARGES The insurance fee, shipping, and handling charges will be added to the invoice as a separate charge payable by the Buyer. We do not charge any additional fee for international orders. However, your local Government may charge you an import fee, Value Added Tax, etc. Whenever applicable, such taxes will be paid by the Buyer, on delivery, or otherwise, as arranged. All international orders must be prepaid in full (unless your Institution does not allow). Domestic rush orders must be prepaid in full. To benefit from low factory-direct prices, order directly from ELCHEMA at the payment address listed below.

SHIPPING Unless instructed otherwise, we will ship the merchandise via consolidated air freight for instruments. ELCHEMA reserves the right to select the carrier providing the best combination of service and prices. The international and domestic rush orders are shipped within one-two weeks.

RUSH ORDERS Rush orders for instrumentation must be prepaid in full. The Letter of Credit is not considered a prepayment. Delivery time for rush orders is one-two weeks for instrumentation. Supplies are shipped the same day, if possible. Prepayment is not required for supplies.

DISCOUNTS Prepaid orders benefit from one of the two discount options selected by the Buyer:

- 5% immediate cash discount, or

- Open Credit for future purchases from ELCHEMA, equivalent to 10% of the price of current order, excluding instruments manufactured by other vendors, insurance, and shipping & handling charges (i.e.: Open Credit is calculated on the basis of the price of instruments manufactured by ELCHEMA). Open Credit may be used with a single or multiple orders. Open Credit may not be used in conjunction with other discounts including promotional and educational discounts. The Open Credit is issued to the purchasing institution in the name of the end user. The credit is automatically increased by 5% of its value at the end of each year from the date of issue. If not redeemed, the credit is canceled at the end of 5 years from the date of issue.


PAYMENT

METHOD Payments can be made by electronic transfer or by sending a bankers check. In case of prepaid orders, you may request a Proforma Invoice before placing an order and making payment. All payments must be made in US Dollars to ELCHEMA Company.

PAYMENT

ADDRESS If payment is to be made via electronic transfer, refer to the Bank account number and ABA routing number on our Invoice.

Otherwise, remit payments by first class mail to:

ELCHEMA

P.O. Box 5067

Potsdam, NY 13676

CLAIMS Claims for shipping damage, shortages, product deficiency, and any type of errors shall be deemed waived by the Buyer unless made within 15 days from the shipping date.

RESTOCKING

FEE A restocking fee equal to 10% of the merchandise list price will be charged for returned items. Before returning any item, contact ELCHEMA Service Office and receive Merchandise Return Authorization (MRA) number. Do not return any merchandise without permission from ELCHEMA and MRA number. Only items in unused condition, returned within 30 days from the date of shipment, are eligible for restocking. Computer software is not permitted for restocking.

GENERAL For assistance of any kind, including help with instruments under warranty, contact your ELCHEMA field office for instructions. Present full details of the difficulty and include the instruments model and serial number. Service date and shipping instructions will be promptly sent to you. There is no charge for repair of instruments under warranty, except transportation charges. Estimates of charges for non-warranty or other service work will be always supplied, if requested, before work begins.

Your instrument should be inspected and tested as soon as it is received. The instrument is insured for safe delivery. If the instrument is damaged in any way or fails to operate properly, file a claim with the carrier or, if insured separately, with the insurance company.

Your ELCHEMA field office is ready to assist you in any situation, and you are always welcome to get directly in touch with ELCHEMA Service Department.

LIMITED WARRANTY

All hardware products manufactured by ELCHEMA Company are warranted against defects in materials and workmanship for one year from the date of shipment. Our obligation is limited to repairing or replacing products, which prove to be defective during the warranty period. We are not liable for direct, indirect, special, incidental, consequential, or punitive damages of any kind from any cause arising out of the sale, installation, service, or use of our instrumentation.

All products manufactured by ELCHEMA Company are thoroughly tested and inspected before shipment. If ELCHEMA receives notice from the Buyer of any defects during the warranty period, ELCHEMA shall, at its option, either repair or replace hardware products, which prove to be defective.

Limitation of Warranty

A. The Warranty shall not apply to defects resulting from:

1. Improper or inadequate maintenance by Buyer;

2. Unauthorized modification or misuse;

3. Operation in corrosive environment (including vapors, solids, and aggressive solvents);

4. Operation outside the environmental specification of the product;

5. Improper site preparation and maintenance.

B. In the case of instruments not manufactured by ELCHEMA, the warranty of the original manufacturer applies.

C. Expendable items, including but not limited to: glass items, reference electrodes, valves, seals, solutions, fuses, light sources, O-rings, gaskets, and filters are excluded from warranty.

THE WARRANTY SET FORTH IS EXCLUSIVE AND NO OTHER WARRANTY, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED. ELCHEMA SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.