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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
*Item prices are subject to change before orders can be fulfilled. Please contact us for a quote. Severability If any provision of this Agreement or the application thereof is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provision or application of this Agreement to the extent that such other provision or application can be given effect without the invalid or unenforceable provision or application. The provisions of this Agreement are declared to be severable. Law Governing Agreement This Agreement is governed by the laws of the State of Colorado. Venue The venue for any action brought in connection with this Agreement will be brought in Jefferson County, Colorado. Default Payment is due at the time the order is made. In the event Purchaser defaults in any payment, Purchaser will have 15 days to cure a default. Seller shall notify Purchaser in writing of the default. In the event that Purchaser fails to cure his default within 15 days of receipt of written notice, the Seller, at his option, Seller may retain all payments thereto made, and he may accelerate any remaining balances due. In such event, Purchaser agrees to return the property back to the Seller. Should Purchaser fail to so deliver the property and Seller is required to resort to a proceeding at law to regain possession thereof, Purchaser agrees to pay all costs incurred by Seller, including a reasonable amount as attorney fees. Purchaser waives any and all claims, causes of action of any nature, at law or in equity, including redemption rights as against Seller in the event of default by Purchaser. Terms At Sellers discretion, orders may be setup on terms for payment. All orders on terms will be Net 30 Days. Late payments will accrue 6% interest per month or maximum amount permitted by law. Pricing Prices are subject to change at any time and are not guaranteed until sale has been completed. Items quoted for sale are on a case by case situation and are subject to change from previous sales. Sales & Use Tax All purchasers of products from Element Laboratory Supplies, LLC, except for those located in the state of Colorado, are responsible for paying use tax on purchased items. Sales tax will be collected from purchasers located in the state of Colorado. Shipping Product manufacturers and wholesalers calculate shipping rates and choose carriers for delivery. All drop-shipped items will ship directly from manufactures to customer. Return Policy Sales after 30 days are final. All returns must follow manufactures procedures stated in their respective Terms of Sale documents. No item shall be returned to Element Laboratory Supplies, LLC location and will not be accepted. Warranties Element Laboratory Supplies, LLC makes no warranties or guarantees for any product purchased. All manufacturers’ warranties will be extended to customers as stated in their respective Terms of Sales documents. Liability Purchasers assume all risks when buying products from Element Laboratory Supplies, LLC and will not hold it liable for any complications that arise out of product misuse, accidents, act of God, or any other harmful situation that may arise. Copyright The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Element Laboratory Supplies, LLC. The collective work includes works that are licensed to Element Laboratory Supplies, LLC. Copyright 2003, Element Laboratory Supplies, LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Element Laboratory Supplies, LLC or purchasing Element Laboratory Supplies, LLC products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Element Laboratory Supplies, LLC or to purchase Element Laboratory Supplies, LLC products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Element Laboratory Supplies, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. Trademarks All trademarks, service marks and trade names of Element Laboratory Supplies, LLC used in the site are trademarks or registered trademarks of Element Laboratory Supplies, LLC Warranty Disclaimer This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Element Laboratory Supplies, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Element Laboratory Supplies, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Element Laboratory Supplies, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Limitation of Liability Element Laboratory Supplies, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Element Laboratory Supplies, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Typographical Errors In the event that a Element Laboratory Supplies, LLC product is mistakenly listed at an incorrect price, Element Laboratory Supplies, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Element Laboratory Supplies, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Element Laboratory Supplies, LLC shall issue a credit to your credit card account in the amount of the incorrect price. Term; Termination These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Element Laboratory Supplies, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice Element Laboratory Supplies, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Element Laboratory Supplies, LLC. Miscellaneous Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Element Laboratory Supplies, LLC products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Element Laboratory Supplies, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Element Laboratory Supplies, LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Element Laboratory Supplies, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you. Use of Site Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Element Laboratory Supplies, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer Element Laboratory Supplies, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Element Laboratory Supplies, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Element Laboratory Supplies, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Element Laboratory Supplies, LLC in its sole discretion. Indemnification You agree to indemnify, defend, and hold harmless Element Laboratory Supplies, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links In an attempt to provide increased value to our visitors, Element Laboratory Supplies, LLC may link to sites operated by third parties. However, even if the third party is affiliated with Element Laboratory Supplies, LLC, Element Laboratory Supplies, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Element Laboratory Supplies, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Element Laboratory Supplies, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). |