PLEASE READ CAREFULLY. THIS IMPORTANT INFORMATION IS ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
THESE POLICIES AND TERMS OF SALE ("TERMS OF SALE") GOVERN THE PURCHASE OF ANY PRODUCT OR SERVICE OFFERED BY LABGEAR INC. AND OUR VARIOUS SUBSIDIARIES INCLUDING THOSE DOING BUSINESS AS (DBA) HI-TECH LAMPS, CRYOGEAR, SCIENCELIGHTING.COM AND LABGEARUSA.COM, HEREINAFTER COLLECTIVELY REFERRED TO AS “SELLER”.
BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN SELLER’S SOLE DISCRETION.
1. Products. Seller may discontinue any product at any time without notice.
2. Orders. Orders are not binding upon Seller until accepted. Seller reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of product application, end user and customer information may be required prior to the acceptance of any order.
3. Errors. Although our goal is 100% accuracy of pricing and product information, errors may occur in our constantly changing product line. If product or pricing errors are discovered, they will be promptly corrected in our system, and the corrected product information and price will apply. Seller will notify you if your open order includes items that are incorrectly specified or priced.
4. Payment. Unless credit terms are specifically approved, payment method must be arranged at the time of order. Payment may be made with ACH/Wire transfer, bank check in advance, Paypal, or major credit cards. Your credit card may be charged when your order is placed, at time of shipment, or any time prior to shipment, as we deem necessary.
- If our website payment system is not functional for your location, we offer two invoicing and payment options for international customers:
- Emailed proforma invoice for electronic funds transfer through your bank - Flat fee of $40 USD,
- Emailed online invoice for credit card or Paypal payment with a 4.5% fee on total invoice amount.
5. Large Order Exceptions. Added fees and deposits may be required for specific situations:
- Credit card processing fee may be added for large credit card orders (>$5000),
- Deposit may be required for scheduled blanket orders.
- Deposit may be required for special-order items over $5000.
6. Currency. Default currency on our websites is US dollars but credit and debit card transactions are supported for most major currencies. When prices are listed in a currency other than your preferred currency, our website will convert the listing price for you using an approximate conversion based on current exchange rate data. Calculation rates are updated regularly. We do not apply an additional currency conversion charge. You may be subject to a currency conversion fee from your card issuer. Check with your credit card provider for information on any applicable fees.
7. Sales Tax. By law, Seller must collect sales tax as required for orders SHIPPED to destinations within the State of Washington. Outside of the State of Washington, customer is solely responsible for the payment of any state and local sales or use taxes that may apply to their order. Washington State sales tax is calculated based on the full invoice price including charges for services, fees, shipping and handling, as required by law.
8. Shipments. Shipping calculations are based on FOB point of Everett, Washington. We may drop ship from a master distribution or manufacturer warehouse at our sole discretion. We reserve the right to upgrade shipping method at our own expense if we deem necessary for reliable service. (Customers are never charged for this upgrade.) While shipping delays may occur, our policies are as follows:
- In-stock. Items in stock will usually be shipped within one business day (Monday through Friday delivery days) to most locations.
- Backorders. Customer will be notified within two business day of any backordered items, with the option of cancellation for full refund within the next five business days or prior to shipment, whichever comes first.
- Partial Backorders. In the event only some of the product is in stock at the time an order is placed, Seller may elect to ship the available product via the selected service and the ship the backorder amount at our expense via ground service when stock is replenished.
While Seller will make every reasonable effort to process your orders within these time frames, Seller is not responsible or liable for any delay in receiving, processing, responding to, or completing your order that is caused by an event beyond Seller's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of Seller, including without limitation, disruptions, power outages or attacks on this Site such as by persons known as "hackers."
9. Local Taxes, Import Duties and Tariffs. Customer is responsible for payment of all international shipment taxes, duties, tariffs, and any other charges levied by government agencies. All pricing shown on websites and transmitted documents (except as specifically noted in writing) does not include any import duty or local taxes that may be required at destination.
10. Product Returns. Product returns will always require a Return Materials Authorization (RMA). If for any reason you need to return a purchased item call the customer service/sales office or send email to receive a Return Materials Authorization (RMA) code. Due to the hazardous nature of many customer applications and processes, additional forms and certifications may be required. Any returns received without RMA code will not be processed or returned. Deliveries received without RMA codes may be refused or disposed of immediately. There are other exceptions to our Return Policy including, but not limited to:
- Linear fragile items which are 30" or longer in length,
- Special Order products,
- Orders shipped outside the contiguous USA.
11. Customer Satisfaction Returns. Seller stands behind its products and will issue a refund, replacement, or credit if for any reason you are not satisfied with your purchase and notify us within 30 days of receipt of product. A Restocking Charge of 25% will apply to all standard items returned where Seller has made no error in merchandizing or shipping. Refunds will be made by original method of payment. All returns must arrive in its original packaging in as-new, resaleable condition, and all freight charges for the return of goods are to be paid by the customer.
12. Defective Products. When a product becomes defective within the warranty period, we will assist in arranging for a full refund, product repair, or a replacement with new or refurbished product of the same type or equivalent in accordance with the manufacturer's warranty policy and findings. Replacement product or parts will be warranted from the date of original invoice or 30 days from the RMA date, whichever is greater. Note that many manufacturers will charge a fee if no fault is found with the returned product. Once we've received and processed the returned item we will notify you of the replacement, return, repair, or refund for the returned item. Some products must be serviced only at the manufacturer's Authorized Service Center and may require an extended time for findings, repair, or replacement. We will do our best to keep you informed of the process and advocate for our customers with the manufacturer.
13. Damaged Shipments. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any mistaken or damaged item, send an email or call during business hours to obtain the required Returned Material Authorization (RMA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to Seller. Seller may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
14. Mistaken Shipments. Return shipment at our expense may be required by SELLER if an error was made on the ordered items. SELLER’S may verbally or in writing require either a return of the shipment or scrap in place. SELLER will determine whether to replace with correct items or fully refund the order, including any prepaid shipping costs.
15. Warranties. Except for Seller branded products, ALL PRODUCTS ARE SOLD WITH MANUFACTURER WARRANTIES ONLY. SELLER DISCLAIMS RESPONSIBILITY FOR ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
16. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SCIENCE LIGHTING SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SCIENCE LIGHTING EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17. Severability. If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
18. Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Washington.
19. Arbitration. Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Snohomish County, Washington.
20. Jurisdiction and Venue. You and Seller (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of Washington, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
21. Waivers and Amendments. The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.