In these Terms and Conditions “Bioaim” shall mean “Bioaim Scientific Inc.”, which is located in Scarborough, Ontario, Canada. The Terms and Conditions set out below shall apply to Bioaim branded products and services and to products distributed by Bioaim on behalf of other suppliers.
Bioaim shall be entitled to amend at any time in its absolute discretion the terms and conditions by posting them on this website in amended form with a note of the date when such amendments shall take effect. Your continued use of the website after the date any amendments shall take effect shall be construed as your acceptance to such amendments.
1. LIMITED WARRANTY: Subject to Section 2 and unless otherwise expressly provided herein, Bioaim warrants that the goods shall conform to Bioaim’s standard published specifications or to the attached specifications, if any, when used in accordance with Bioaim’s written instructions. Subject to the preceding sentence and except as otherwise expressly provided herein, Bioaim makes no representation or warranty of any kind, express or implied, as to merchantability, fitness for particular purpose, or any other matter with respect to the goods, whether used alone or in combination with any other material.
2. LIMITATION OF LIABILITY. (a) Immediately upon receipt of each shipment of the goods, Buyer shall inspect the same. Any claim for hortage, credit or return of goods must be made in writing within five (5) days after Buyer’s receipt of such goods. All other claims for any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) must be made in writing and received by Bioaim within fifteen (15) days after Buyer learns of the facts upon which such claim is based, but in no event later than sixty (60) after Buyer’s receipt or non-receipt of the goods, in respect to which such claim is made. Failure of Bioaim to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claim irrespective of whether the facts giving rise to such claim shall haven then been discovered or of whether processing, further manufacture, other use or resale of the goods shall haven then taken place. (b) buyer’s exclusive remedy shall be for damages, and Bioaim’s total liability for any and all losses and damages arising out of any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) shall in no event exceed the purchase price of the goods in respect to which such cause arises or, at Bioaim’s option, the repair or replacement of such goods, and in no event shall Bioaim be liable for incidental, consequential or punitive damages resulting from any such cause.
Bioaim shall not be liable for, and Buyer assumes liability for, all personal injury and property damage connected with the handling, transportation, possession, processing, further manufacture, or other use or resale of the goods, whether the goods are used alone or in combination with any other material. In the absence of any express written agreement to the contrary, the goods sold by Bioaim are for research use only, not to be used on humans for diagnostic or therapeutic purposes, for the exclusive use of the Buyer, and are not to be resold. Buyer must receive written authorization from Bioaim prior to returning any goods or receiving payment for return transportation charges for such goods.
Goods returned due to Buyer order error are subject to a restocking charge equal to 40% of the list price of the returned goods, plus shipping charges. Custom, bulk and/or special orders are final and cannot be canceled or returned to Bioaim. Buyer shall not accept a damaged or short shipment until the delivery carrier has made a “damage” or “shortage” notation on Buyer’s copy and the carrier’s copy of the freight bill (c) If Bioaim furnishes technical or other advice to Buyer, whether or not at Buyer’s request, with respect to processing, further manufacture, other use or resale of the goods, Bioaim shall not be liable for, and Buyer assumes all risk of, such advice and the results thereof.
3. SHIPPING AND TAXES. Typically orders are shipped Monday through Wednesday for two days delivery in the United States. Typically orders are shipped Monday through Thursday for the next day delivery in Canada. Orders received on Friday are shipped Monday. Saturday delivery may be requested at additional charge. Back order needs to be determined by Bioaim. Freight, shipping and handling charges are prepaid and added to the invoice. Any increase in freight, shipping or handling rates paid by Bioaim on shipments covered by this contract and hereafter becoming effective. Canadian customers need to pay HST.
4. TERMS AND PRICE REVISION. Unless otherwise specified, terms are net thirty (30) days from the date of invoice, F.O.B. shipping point, and Bioaim is not liable for any loss or damage during the course of shipping. Goods shipped outside the United States and Canada are payable in United States currency. The price and terms of payment herein specified may be revised at any time by written notice to Buyer.
5. BUYER’S CREDIT. Bioaim reserves the right, among other remedies, either to terminate this contract or to suspend further deliveries under it in the event Buyer fails to pay for any one shipment when same becomes due. Should Buyer’s financial responsibility become unsatisfactory to Bioaim, cash payment or security satisfactory to Bioaim may be required by Bioaim for future deliveries and for the goods theretofore delivered. Buyer shall be liable to Bioaim for (a) interest at a rate equal to the highest applicable lawful interest rate on invoiced amounts not paid within thirty (30) days after the invoice date, with interest to accrue monthly until full payment is received and (b) all costs and fees, including attorneys’ fees, which Bioaim may incur in any action to collect said overdue invoice amounts.