Terms and Conditions
1. Products are not for human use and are for research purposes only.
2. Warranty Terms –Machine(s) and the associated restraint devices provided as part of a Labstamp Complete will be covered by Somark’s comprehensive warranty for one year from date of purchase.
Warranty is voided if the machine(s) is/are damaged due to atypical use or use of non-Somark Slides or Consumables.
3. Payment Terms – Payment must be made by approved credit card or on a customer-initiated and Somark-accepted Purchase Order with Net 30 Day (or less) terms.
4. Delivery Terms – Unless otherwise advised by the Customer the products will be delivered to the address noted in the Purchase Order or on the Credit Card Authorization form. Somark’s standard delivery term is a 3-business day service from dispatch unless otherwise agreed.
5. Default – Time shall be of the essence in relation to a payment for the order; if the Customer fails to make payment when due (Amount Dueinclusive of shipping charges and taxes/duties if applicable) Somark will seek to resolve any late payment issues with the Customer and failing any resolution will notify the Customer in writing by issuing the Customer with a written notice (Default Notice), which must be paid by the customer within seven (7) days of the date of the Default Notice. Interest will accrue daily on the Total Amount Due at the rate of eighteen percent (18%) per annum from the due date until payment (including for interest) is received in full by Somark.
6. Taxes and Charges – The Customer will be responsible for all delivery charges to the DeliveryAddress (or to any other location that may be requested by the Customer in writing from time to time) and applicable State and Federal taxes. Prices listed are exclusive of any such charges.
7. No waiver – No failure, delay or indulgence by either Party in exercising any power or right conferred on that Party by this agreement shall operate as a waiver of such power or right. Nor shall a single exercise of any such power or right preclude further exercises of that power or right or the exercise of any other power or right under these Terms and conditions.
8. No Liability for Consequential or Indirect Damages – In no event shall Somark or its representatives be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits or revenues, arising out of or relating to Somark’s Durable Equipment or Consumables, regardless of(a) whether such damages were foreseeable, (b) whether or not the Customer was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedies of its essential purpose.
9. Governing law – This Agreement is governed by California law and the Parties irrevocably submit to the non-exclusive jurisdiction of the Courts of California.