INTERPRETATION OF WORDS AND PHRASES
“Business day” on this website represents any day other than a Saturday, Sunday, or a day that is a public or bank holiday.” Goods” mean products that are the subject of this contract of sale or supply between JN SCIENCETECH and the customer. “Us” shall mean JN SCIENCETECH, the seller of goods under these terms; “you” or the “Customer” shall mean the purchaser of the goods in agreement with these terms.
ACCEPTANCE AND VARIATION OF CONDITIONS
The conditions mentioned here shall apply to all contracts with customers except when they vary in writing in the express terms of the contract. No alteration, variation, amendment of, or addition to these conditions shall be valid unless specified in writing and signed by an authorized representative of JN SCIENCETECH. If the terms and conditions stated in the customer’s order do not match with these circumstances or if they contain a provision purporting to override these conditions, our acknowledgment of the order referencing these terms and conditions shall constitute a counter-offer. The contract shall come into being when the customer has accepted our counter-offer either expressly or impliedly. After receiving our counter-offer, the client notifies us that it does not accept these conditions, then the formation of a contract shall be subject to negotiation.
AVAILABILITY OF MATERIALS AND INFORMATION
Order acceptance and contract completion including the delivery of goods are subject to the availability of materials, components according to your specifications, etc. for us to proceed with and complete the contract without interruption.
Prices are subject to change without prior notice. Buyers are therefore requested to confirm the current price of products before placing the order. The website accepts that due to oversight it may not be able to update the prices of products from time to time.
TAXES AND CUSTOMS DUTIES
The price shall be exclusive of any value-added, sales, excise, customs, or other tax or duty payable on the sale of the goods, which shall be paid by the customer in addition to the price for the goods OR as agreed. Customs duty or other charges, fines, or assessments, whatsoever, levied in respect of the goods on importation shall be borne by such customers and show in the price payable by the client OR as agreed in writing.
All statutory duties and any other charges as applicable are shown in the price for the goods or as agreed. Any liability/s arising from that place with retrospective effect shall be recoverable by us from the customer. GST, if charged at a concessional rate, is subject to furnishing of appropriate declaration forms on receipt of this invoice. Failure to furnish disclosure forms within 60 days from this invoice will entitle us to recover the differential tax.
METHOD OF SHIPMENT
JN SCIENCETECH will deliver international shipment via DHL express and local delivery via, DTDC or EMS services. JNSCIENCETECH will be happy to utilize other carriers based on the buyer’s requirements; however, we reserve the right to change the method of delivery for important reasons. In such a situation we will select the most appropriate and profitable method. Material requiring extra special packaging will come at an additional cost. We will disclose the same to the client at the time of placing the order.
LOST OR DAMAGED SHIPMENTS
In the absence of prior agreement between customer or buyer and JN SCIENCETECH, (the seller), assumes responsibility for any damages or loss of products until the product is transferred to the Buyer. When there is a prior agreement between the parties, either of them may go for insurance coverage against the risk of damages or loss in the course of their delivery. The seller makes every effort to ensure that all the goods are manufactured to their exact specification. It is in all cases, including repeat orders, for the Buyer to secure by tests or otherwise, that the goods are fit and suitable for the purpose for which the customer requires them in the conditions in which they will use. The seller accepts no liability for misuse of the goods or failure of the client to carry out its statutory obligations. Seller requests and expects that buyer will verify and inspect all packages delivered immediately. If there are damages, the buyer has to notify JN SCIENCETECH about any damages, defects, and shortage of products within seven days of receipt of the product. The buyer has to inform the problem within seven days of receipt of the product.
RETURN OF SHIPMENTS
The buyer may note that some materials are not returnable. Like custom or special order materials, items with missing or obliterated labels, parts or instructions, and opened materials. However, products which have defects that can be attributable to the Seller shall be returnable. Buyer shall inspect all packages immediately upon receipt and return if products do not match the order placed.
Returned shipments will not be accepted by JN SCIENCETECH unless the above procedures have been followed. Final disposition of returned goods made post receipt and inspection of goods. If products are returned, the freight charges would bear by the buyer otherwise returned consignment will not be accepted by the Seller unless previously discussed and agreed upon.
Hazardous goods must pay restitution in compliance with all applicable regulations of the country they sent. Material returned must reach JN SCIENCETECH on or before the Return Authorization expiration date which Buyer will inform in advance. JN SCIENCETECH holds the final and sole discretion to replace the returned product with another conforming product or to refund the purchase price to the Buyer. Products returned which require disposal may incur additional charges. If Buyer returns the products which have no defect being attributable to Seller, Buyer shall pay 20% of the purchase price for the return of any of the products, in addition to air freight charges and additional expenses that may need to be incurred.
JN SCIENCETECH shall not be liable to the Customer or be deemed to be in breach of contract because of any delay in performing. We should not be responsible for any failure to perform, any of our obligations concerning the Goods if the delay or failure were due to any cause beyond our (JN SCIENCETECH) control. Without prejudice to the generality of the preceding, the following shall regard as causes beyond Seller’s reasonable control. The calamity like earthquake, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority. International issues like import or export regulations, embargoes, and sanctions (whether UN, EU, and US penalties or otherwise); strikes, lock-outs, or other industrial actions or trade disputes (whether involving our employees or those of a third party). Difficulties in obtaining raw materials, labor, fuel, parts, or machinery; power failure or machinery breakdown.
APPLICABLE LAW & DISPUTE SETTLEMENT
All disputes as to the legality, interpretation, application, or performance of this order, or any of its terms and conditions, shall be governed by the laws of India excluding its conflict of laws principles.
WITHHOLDING OF DELIVERY
We shall be entitled without prejudice to any of our other remedies to withhold delivery of any goods. If any amount is outstanding and overdue from the customer in respect of any invoice issued by us; or upon the invoicing of such product, the customer’s credit limit (if any) either with us would thereby exceed. In determining the client’s credit limit for such purposes, the aggregate invoice value of all invoices issued to the customer by us including delinquent accounts shall take into consideration.
PASSING OF RISK
The risk in the goods shall pass to the client once goods are delivered to the buyer’s address by our delivery agent, common carrier; or on delivery to the customer, the customer’s servant, or the agent of the client.
PASSING OF OWNERSHIP & RETENTION OF TITLE
So long as any amounts whatsoever remain owing from the Customer to us (whether immediately due or not) title to and property in any products supplied to the customer by us will stay with us and will not pass to the client until we have received such amounts in full.
The customer acknowledges that he shall not be entitled to and undertakes not to sell or transfer any interest in the goods until the client gets the title to the goods. Until such time, a customer shall only be entitled to enter into a contract for a sale of such goods on the condition that the sale proceeds shall be directly remitted to us herein. We, however, shall not be liable for any obligations of such a third party. We may maintain an action for the price of the Products notwithstanding that title to them has not been passed to the Customer.
Payments should be made in the name of JN SCIENCETECH. All payments must be in Wire Transfer, Credit Card, Debit Card, PayPal, Cheques, or Demand Drafts are drawn in favor of the company Payment must be made in advance of invoice unless otherwise stated. All payments shall be made without deduction or setoff. When deliveries are spread over a period, each consignment will be invoiced as a dispatch and will be treated as a separate account and be payable accordingly. We reserve the right, where legitimate doubts arise as to a customer’s financial position or in the case of failure to pay for any goods or any delivery or installment as aforesaid, to perform any order or any part or installment without liability until payment or satisfactory security for payment has provided.
SUITABILITY AND FITNESS
Although we use every effort to ensure that all goods are manufactured to specification, it is in all cases, including repeat orders, for the customer to secure by tests, otherwise, the goods are fit and suitable for the purpose in which the client requires conditions in which they will use. We accept no liability for misuse of the products or failure of the client to carry out its statutory obligations. Purity values, where quoted, are average figures and may vary from batch to batch. Reasonable variation from purities quoted shall not be deemed to be non-conformance to specification.
Any customer who claims that goods are defective as regards materials or artistry must give us written notice to that effect giving details of the alleged defect and, if requested by us, return the goods to us properly packed, carriage paid within 30 days of the date of receipt of the goods. We will replace products that we accept are defective either as regards materials or artistry provided that they have not been tampered with or subjected to improper treatment and provided that the defects are not a result of faulty design or incorrect specification by the customer. Goods returned to us and replaced shall become our property. Under no circumstances shall our liability to the client in respect of any claim, no case exceed the purchase price of the goods that are the subject of (or giving rise to) such claim. We shall not in any circumstances whatsoever be liable (whether in contract, tort (including negligence). For any loss of profit or any indirect, contingent, consequential or special loss, damage, expense, or injury suffered or incurred by the customer (including by way of loss of business, depletion of goodwill, or otherwise). We shall not be under any liability in respect of any claim made against the Customer by any third party, and the customer shall indemnify us against any claims brought by third parties against us relating to the goods. The goods supplied are intended for laboratory research and development purposes. In particular, for the avoidance of doubt, no warranty is given as to suitability for food, drug, agricultural, cosmetic, or household use. This condition is in substitution for and (to the extent permitted by Indian Law) excludes all conditions, warranties, and terms as to the satisfactory quality and fitness whether express or implied and whether conferred by statute, common law or otherwise provided that nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
The waiver by us of any breach of any of these conditions shall not prevent the subsequent enforcement of that term and shall not be deemed to be a waiver of any subsequent breach of that or any other condition hereof.