All sales of goods (“Products”) by Peak Polypeptide Biosystems LLC /DBA P3 Biosystems (the “Seller”) are made subject to these Terms and Conditions of Sale and are expressly conditioned upon the Buyer's assent thereto. The information contained in these Terms and Conditions of Sale serve to supplement the information contained in the Seller's printed materials and on the Seller's web site, www.p3bio.com . The Seller will not be bound by any variations from or additions to these terms and conditions of sale contained in any purchase order or other document submitted by the Buyer. No variation from these Terms and Conditions of Sale shall be binding upon the Seller unless agreed to in writing by an authorized representative of the Seller. In addition to these Terms and Conditions of Sale, certain Products sold by Seller are sold in collaboration with the manufacturers and/or licensors of such Products, and such Products are sold subject to their respective manufacturer's and/or licensor's Terms and Conditions of sale. Please contact Seller for further details.
All products are shipped from stock in our cold-storage warehouse location. Normally, our catalog products are available "in-stock" and can ship the same day without delay. However, orders arriving after 12:00 EST may have shipping delayed to the next business day to allow time for products to come to "room temperature" before packaging. Additionally, if a product is not currently available in our inventory we will make our best effort to stock and ship that product within 3 to 8 days. In some cases where inventory quantities are less than the order quantity, we may ship a partial quantity from inventory and follow shortly with the balance of the backorder. In the case that shipping cannot be initiated within 8 days of receipt of order, we will notify the customer to discuss an alternate delivery schedule.
Shipping & Delivery
All sales are made FCA Seller's shipping point (Incoterms 2000). Shipping and handling charges will be added to the quoted price for the Products. Seller will bill actual shipping charges plus appropriate handling, insurance, and hazardous materials surcharges (where applicable). Delivery of the Products to the carrier at Seller's shipping point shall constitute Seller's sole shipping obligation and Buyer shall thereafter bear all risks of loss or damage in transit. Unless Buyer specifies mode of shipment, Seller will determine the method of shipment and choice of carrier. Seller reserves the right to decline shipment of an order if the destination is determined to be a residential address.
Seller warrants that its products shall conform to the description of such products as provided to Buyer by Seller through Seller's catalog, analytical data or other literature. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by Seller. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller's sole discretion, upon the return of such products in accordance with Seller's instructions. SELLER 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 SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY SELLER'S GROSS NEGLIGENCE. All claims must be brought within one (1) year of shipment, regardless of their nature.
Seller provides highly pure chemical compounds intended for laboratory research applications only. Products are not intended to be used in or on humans or animals in any way. Products are not intended for use in any way within food, beverage, drug, dietary or cosmetic products. Persons or entities using these products for applications other than those for which they are intended, do so at their own responsibility and must comply with all appropriate regulations. Seller may require Buyer to validate suitable use of product prior to delivery.
All of the Products offered by Seller are research chemicals. As such, they should be used or handled only by or under the direct supervisions of technically qualified individuals. The chemical, physical and toxicological properties of certain Products may not have been fully investigated, since the Products are for research/investigation use only. Seller, therefore, makes no guarantee of results and assumes no liability for injuries, damages or penalties resulting from their use, since the conditions of handling and use are beyond Seller's control. Any suggestions or recommendations for use of any Product are made without warranty and are not to be taken as a license to operate under or to infringe any patent. If any license, permit or approval of any person, entity or governmental or other regulatory authority shall be required for the acquisition, transport or use of the Products by the Buyer the Buyer shall be solely responsible to obtain the same at its own expense. All Products should be handled only by properly trained persons who are familiar with laboratory procedures and the potential hazards in handling laboratory chemicals. The Buyer assumes all responsibility to learn and understand the risks associated with any of the Products and for instructing its employees, agents, customers and any other persons who might reasonably be expected to come into contact with the Products, in techniques for safe handling and use of the Products and of any potential risks to person and property in any way connected with the Products. The Buyer also assumes the responsibility for the safe disposal of all Products in accordance with all applicable laws.
Payment, Pricing & Currency
Prices may be shown in the buyer's desired currency as selected by the buyer on the website, however, the currency used in the transaction shall be US Dollars (USD) ($) and is subject to change without notice. In addition to any quoted price (on the website or otherwise), the Buyer shall also be responsible to pay all sales or use taxes, excise taxes, duties, customs, import or export fees and any other taxes, fees or charges of any nature applicable to the Buyer's purchase of Products. If terms are extended through the use of authorzied purchase orders, the terms of all invoices shall not exceed net 30 days from the invoice date. Past due balances are subject to 1.5% service charge per month (18% per year) after 30 days. If for any reason Seller determines that it has concerns about the financial condition of Buyer, the Buyer's payment history or any other condition that in the Seller's opinion is grounds for refusing to sell to Buyer on credit, Seller may, without notice to Buyer cancel an order, change the payment terms or insist upon pre-payment of any order prior to shipment, or may delay the delivery of the Products until Buyer makes accommodations acceptable to the Seller. In the event Buyer defaults in the payment of the purchase price of any order, Buyer agrees that it will also be responsible to pay all costs, including attorney's fees and other expenses of collection resulting from any such default by Buyer.
Any dispute concerning these Terms and Conditions of Sale, including as to the legality, interpretation or application shall be governed by the laws of the Commonwealth of Kentucky, without regard to its principles of conflicts of laws. All Buyers agree that any disputes that concern the Products and/or these Terms and Conditions of Sale shall be brought in the state courts of the Commonwealth of Kentucky.