Terms & Conditions of Sale

1. Acceptance

These terms and conditions apply to your purchase from Ibis Scientific, LLC ("Seller"). Acceptance of delivery constitutes agreement to these terms. These terms supersede any alternative terms submitted by the Customer and may not be modified by any other document without written agreement from Seller.

2. Acceptance of Orders

Orders are not binding on Seller until accepted. Acceptance occurs upon actual shipment of the order. Seller reserves the right to accept, decline, or partially fulfill any order at any time after receipt. Seller does not accept orders from dealers, exporters, wholesalers, or any party intending to resell products unless separately authorized in writing.

3. Changes & Cancellations

Orders may not be cancelled unless agreed to in writing by Seller. If a cancellation is approved, Buyer agrees to pay all associated charges including storage, shipment costs, costs of producing nonstandard materials, costs of purchasing nonreturnable materials, and any cancellation fees imposed on Seller by its suppliers.

4. Risk of Loss

All risk of loss and title for purchased items passes to Buyer upon delivery to the carrier. Buyer is responsible for filing any claims with carriers for damaged or lost shipments. Seller is not liable for delays beyond its reasonable control, including but not limited to acts of war, natural disasters, supplier shortages, transportation failures, labor disputes, governmental interference, or utility failures.

5. Claims

Buyer must inspect all goods immediately upon receipt and notify Seller in writing of any claims for shortages, defects, or damage. If Seller is not notified within 10 days of receipt, goods shall be conclusively deemed to conform to these terms and to have been accepted by Buyer.

6. Payment

Payment is due net thirty (30) days from invoice date unless other terms are specified on the Order Acknowledgement or Invoice. If credit has not been established, payment in advance may be required. A service charge of 1.5% per month is applied to delinquent accounts. In the event collection action is required, Buyer agrees to pay all collection costs and attorney's fees.

7. Pricing

All prices are shown in U.S. or CAD Dollars. Taxes, shipping, and handling charges are additional. Written domestic quotes are guaranteed for 90 days. Seller does not warrant that pricing or product information is error-free. In the event of a pricing error, Seller reserves the right to correct the error and revise the order, or cancel the order and refund any amount charged. Buyer's sole remedy in such cases is cancellation and refund.

8. Warranties

Seller warrants its branded products to be free from defects in materials and workmanship for 90 days from the date of shipment. This warranty is limited to the original purchaser and is not transferable. During the warranty period, Seller will, at its option, repair or replace the defective product or refund the purchase price.

This warranty does not apply to products damaged by accident, misuse, abuse, or unauthorized modification or service. For products supplied but not manufactured by Seller, the warranty is limited to the terms of the original manufacturer's warranty.

9. Limitation of Liability

10. Buyer's Use of Products

Products provided by Seller are intended for laboratory and testing use only and are not intended for clinical use. No claim or representation is made regarding clinical use. It is Buyer's responsibility to validate product performance for any particular application. Seller assumes no responsibility for misuse of its products.

11. Buyer's Representations & Indemnity

Buyer represents and warrants that all products will be used in accordance with Section 10 and in compliance with all applicable laws and regulations. Buyer agrees to indemnify, defend, and hold harmless Seller and its affiliates, directors, officers, and employees from all liabilities, losses, and expenses arising from any breach of these Terms by Buyer.

12. Returns

No returns will be accepted without prior authorization and are subject to preapproval by Seller. Returns must be sent via a traceable carrier. Seller is not liable for goods returned without authorization.

• Product performance issues (e.g., results don't match specifications, unclear instructions): Contact Technical Service at sales@ibisscientific.com or (855) 390-4202
• Order issues (e.g., wrong part, damaged item, missing items): Contact our Returns Coordinator at sales@ibisscientific.com or (855) 390-4202

13. Technical Assistance

Seller may, at its discretion, provide technical assistance and information upon request. Such assistance is provided without warranty of any kind. Any suggestions regarding product use, selection, or suitability shall not be construed as an express warranty unless specifically designated as such in a signed writing from an authorized Seller representative.

14. Governing Law

These Terms and any related agreements are governed by the laws of the State of Florida, without regard to its choice of law rules. Jurisdiction for any dispute is exclusively held by the state and federal courts of Hillsborough County, Florida. The United Nations Convention for the International Sale of Goods is expressly excluded.

15. Assignment

Buyer may not assign any rights or duties under these terms without the prior written consent of Seller.

16. Export Sales

All sales are subject to applicable U.S. export laws and regulations, including the Export Administration Act, Export Administration Regulations, Arms Export Control Act, and International Traffic in Arms Regulations. Buyer agrees not to export, re-export, or divert any products in violation of U.S. export controls or economic sanctions. Buyer agrees not to provide products to any person or entity on restricted or denied-party lists maintained by the U.S. Treasury or Commerce Departments. Manufacturers' warranties may be void for products exported outside the United States.

17. Arbitration

At Seller's sole discretion, any dispute arising out of or relating to this Agreement may be referred to binding arbitration under the rules of the International Chamber of Commerce, conducted in English in Tampa, Florida. The arbitrator's decision shall be final and binding. Arbitration costs and attorney's fees shall be allocated as the arbitrator determines. Judgment on the award may be entered in any court of competent jurisdiction.

18. Recall Notices

Any recall notices will be sent to the "Ship To" address on file with the invoice.

19. Confidentiality

Seller will not disclose any information clearly marked as proprietary or confidential by Buyer to third parties, except as required by law, regulation, or court order, or as necessary to fulfill Buyer's order. Buyer agrees to maintain in confidence all proprietary information disclosed by Seller.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior commitments, arrangements, or understandings, whether oral or written. This Agreement may not be modified except by a written instrument signed by both parties.

21. Miscellaneous

Seller's failure to enforce any term or condition shall not constitute a waiver of the right to enforce it in the future. All rights and remedies are cumulative. If any provision is found invalid or unenforceable, the remaining provisions shall remain in full effect. Section headings are for convenience only and do not form part of these terms. This Agreement is binding upon and inures to the benefit of both parties and their respective successors and permitted assigns.