Terms and conditions – AccuStandard Europe

Acceptance of Terms: By purchasing and accepting delivery of products supplied by AccuStandard Europe you agree to be bound by these terms and conditions. Terms or conditions in any other form or document submitted by you which are inconsistent with, or in addition to, these Terms and Conditions are rejected, and are deemed void with no force or effect. This contract and the Terms and Conditions shall be governed by and construed in accordance with the laws of the Italian Republic.

Orders, Quotations, Changes/Cancellations:

Prices are in Euro € and are subject to change without notice.
Once your order is accepted by AccuStandard Europe any changes or cancellations require written approval of AccuStandard Europe.
All custom quotations, once accepted/ordered by the customer, cannot be cancelled without payment. Customer acknowledges that AccuStandard may not be able to produce all custom products (including synthesis products) due to unforeseen technical and experimental difficulties. AccuStandard reserves the right at its sole and absolute discretion to cancel such Services at any time and terminate the Agreement without liability to AccuStandard or the Customer. In such cases the Customer shall only be liable for payment of the Services performed by AccuStandard as of the date of the cancellation notice.
A handling fee will be applied to all orders.

Delays:

Any specified delivery dates are estimates only and do not represent a promise by AccuStandard Europe to deliver Products at a certain date. AccuStandard Europe shall not be liable for any loss, damage, or penalty because of any delay in or failure to manufacture, deliver or otherwise perform due to any cause beyond AccuStandard’s Europe reasonable control, including but not limited to so-called “Acts of God” or “force majeure events.”

Delivery, Claims, Delays, and Returns:

Unless specified otherwise, all sales are FCA, AccuStandard Europe, Italy, Milan.
Goods are delivered in accordance with DOT or IATA regulations as required, and Hazardous shipping charges may apply.
The Buyer must immediately inspect the Goods that are delivered. Any Goods which are damaged, defective, or incorrect must be reported in writing to AccuStandard Europe immediately. AccuStandard Europe at its sole and absolute discretion may elect to replace or refund the Customer for these Goods. If the Buyer fails to notify AccuStandard Europe within seven (7) days after the order has been delivered, said order shall be conclusively deemed to conform with the terms and conditions hereof and to have been irrevocably accepted by Buyer.
Returns will not be accepted by AccuStandard Europe without its prior written authorization. Requests for return authorization must be made within seven (7) days after the order has been delivered to you. Authorization for return or acceptance of returned goods does not constitute waiver of any amounts due to Seller by Buyer. A restocking fee may apply.
Some orders are not returnable including, but not limited to, custom products, special orders, items with missing or obliterated labels, refrigerated or frozen materials and opened materials.

Payment:

Terms of sales are Net 30 from the date of the Invoice unless otherwise stated. AccuStandard Europe reserves the right to require an advanced deposit of up to 100% of the purchase price at the time of order, or any time prior to delivery, as a condition of sale. If you fail to pay for an order, or are overdue on payments, AccuStandard Europe may hold any orders that have been placed, but not yet shipped. Additionally, AccuStandard Europe may change your terms, and reserves the right to require pre-payment for future orders.
1.5% monthly finance charge may apply to overdue accounts.
Catalog items may be returned with prior authorization but are subject to a restocking fee.
As stated previously, custom products once accepted/ordered by the customer cannot be cancelled and must be paid for as per the original terms.

Taxes and other charges:

AccuStandard Europe shall not be responsible for the payment of any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction, with the sole exception of any sales taxes invoiced and collected by AccuStandard Europe.

Use of Products:

AccuStandard’s Products are intended for laboratory and research use by trained personnel. They are not to be used for other purposes, including but not limited to as, or a component in, food, drugs, medical devices (including in vitro diagnostic reagents), household chemicals, cosmetics, or as a pesticide, unless otherwise stated by AccuStandard Europe in writing furnished to the Buyer. The Buyer expressly represents and warrants to the Seller that the Buyer will properly test and use all products in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with applicable food, drug, device, cosmetic, environmental, and other relevant laws and regulations, now existing and hereinafter enacted.
Our products are not for resale unless prior explicit approval has been granted by Seller.

Warranties:

AccuStandard Europe warrants that its products shall, at the time of delivery, conform to the description of such products as provided to you by AccuStandard Europe.
This warranty is exclusive and AccuStandard Europe makes no other warranty, express or implied, as to merchantability or fitness for any particular purpose. AccuStandard’s Europe sole and exclusive liability and the exclusive remedy with respect to products proved to AccuStandard’s Europe satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price. AccuStandard Europe shall not in any event be liable for incidental, consequential or special damages of any kind, resulting from any use or failure of the products, even if AccuStandard Europe has been advised of the possibility of such damage, including, without limitation, liability for loss of use, cost of capital, loss of work in progress, down time, loss of revenue or profits, failure to realize saving, any liability of uyer to a third party or for any labor or any other expense, damage or loss occasioned by such product including, but not limited to personal injury or property damage unless such personal injury or property damage is caused by AccuStandard’s Europe gross negligence. AccuStandard’s Europe liability for damages hereunder shall in no case exceed the contract price for the specific products that give rise to the breach. Buyer’s exclusive remedy shall be money damages in an amount not to exceed the purchase price paid by Buyer for the product for which the claim is made.
Buyer agrees to indemnify and hold Seller harmless for all claims, losses, and liability any nature whatsoever arising out of Buyer’s handling and/or use of the Products, whether used alone or in combination with any other substance.
Buyer represents and warrants that Buyer will properly test, use, manufacture, and market any products purchased from AccuStandard Europe in accordance with the practices of a reasonable person who is an expert the field and in strict compliance with all applicable laws and regulations now and hereinafter enacted.

Information according to art.13-14 EU GDPR 2016/679 (Data Protection)

Following the above-mentioned Regulation, personal data treatment will be characterized by lawfulness, fairness, transparency, and protection of privacy and rights. BookMark-EU S.r.l., having its legal seat in Viale Monza, 12 – 20127 – Milano (MI) as Controller of the data will assure processing the processing of the personal data according to the above-mentioned Regulation, its artt. 13 and 14.

Governing Law, Disputes

All disputes allegedly arising from the legality, interpretation, application, or performance of your order, the Products or any of the Terms and Conditions shall be governed by the laws of the Italian Republic. Any dispute instituting court proceedings shall be litigated in Milan, Italy.