Terms & Conditions

Welcome to Merge Scientific Solutions LLC, a scientific glassware manufacturer. By using our website and purchasing our products, you agree to the following terms and conditions:

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1. Products: We manufacture scientific glassware that is designed for laboratory use. We take pride in providing high-quality products and customer service. However, please note that all sales are final, and we do not offer refunds on any glassware purchased.

2. Customer Service: We strive to provide excellent customer service to ensure our customers are satisfied with their purchase. If you have any questions or concerns about your order, please contact us through our customer service channels, and we will do our best to assist you.

3. Returns: Please do not return any of our products without first obtaining consent from Merge Scientific Solutions. We will not be responsible for any items returned without consent. In case of a defect or an issue with the product, please contact our customer service to initiate the return process.

4. Liability: We are not liable for any damage, loss, or injury resulting from the use of our products. Our products are intended for laboratory use only, and it is the responsibility of the customer to ensure that they are using the products appropriately and safely.

5. Ownership: All intellectual property rights, including trademarks and copyrights, belong to Merge Scientific Solutions. The use of our website or products does not grant you any rights to our intellectual property.

6. 1. SCOPE OF APPLICABILITY

7. 1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by us notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.

8. 1.2 We reserve the right to change these GTCS at any time. We will give you thirty calendar days’ notice of any changes by posting notice on our website.

9. 2. OFFERS, PURCHASE ORDERS AND ORDER CONFIRMATIONS

10. 2.1 All offers made by us are open for acceptance within fifteen calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the goods offered.

11. 2.2 All purchase orders issued by you shall specify as a minimum the type and quantity of goods requested, applicable unit prices, delivery place and requested delivery dates. No purchase order shall be binding on us unless and until confirmed by us in writing.

12. 3. PRICES AND TERMS OF PAYMENT

13. 3.1 The prices for goods shall be those set forth in our order confirmation. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value added, and similar taxes or charges imposed by any government authority.

14. 3.2 Unless expressly stated otherwise in our order confirmation, payment for goods shall be made within (30) thirty days without offset or deduction.

15. 3.3 You must submit such financial information from time to time as may be reasonably requested by us for the establishment or continuation of payment terms. We may in our sole discretion at any time change agreed payment terms without notice by requiring payment cash in advance or cash on delivery, bank guarantee, letter of credit or otherwise.

16. 3.4 If you fail to pay any invoice within five calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminate delivery of any purchase order or any remaining balance thereof by providing written notice of termination to you within seven calendar days of the expiration of the grace period. Further, we may charge you interest from the due date to the date of payment at the rate of 1 ½ % per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which we are or may be entitled at law or in equity.

17. 3.5 Title to goods delivered shall remain vested in us and shall not pass to you until the goods have been paid for in full. If you fail to pay any invoice within fourteen calendar days of the due date of payment, we may retake the goods covered by the invoice. You must insure all goods delivered to their full replacement value until title to the goods has passed to you.

18. 4. TERMS OF DELIVERY AND SHIPMENTS

19. 4.1 Unless expressly stated otherwise in our order confirmation, all deliveries of goods shall be [insert delivery term] in accordance with Incoterms 2010. The risk of loss of or damage to goods shall pass to you in accordance with the agreed delivery term.

20. 4.2 Shipping and delivery dates are estimates only. Merge will not be liable for delays in delivery due to any events out of our control, i.e. acts of God, strikes, shortages of raw materials, interruptions of transportation facilities.

21. 4.3 We reserve the right to make delivery in instalments and invoice accordingly.

22. 5. ACCEPTANCE OF GOODS

23. 5.1 You must inspect goods delivered upon receipt. You are deemed to have accepted goods delivered unless written notice of defect is received within 5 days of receipt of order.

24. 5.2 Damage claims must be filed with the carrier.

25. 5.3 Any returns require written approval with RA from Merge. Custom pieces are not eligible for refund.

26. 6. WARRANTY

27. 6.1 We warrant that upon delivery and for a period of twenty-four months from the date of delivery goods purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than us.

28. 6.2 With respect to goods which do not conform to the warranty our liability is limited, at our election, to (i) refund of the purchase price for such goods less a reasonable amount for usage, (ii) repair of such goods, or (iii) replacement of such goods; provided, however, that such goods must be returned to us, along with acceptable evidence of purchase, within fourteen calendar days after you discovered the lack of conformity or ought to have discovered it.

29. 6.3 We make no other warranty, express or implied, with respect to goods delivered hereunder, and the warranty constitutes our sole obligation in respect of any lack of conformity of goods delivered hereunder (except title). In particular, we make no warranty with respect to the merchantability of goods delivered or their suitability or fitness for any particular purpose.

30. 7. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT

31. 7.1 If any goods delivered hereunder are held to infringe a third party’s patent, utility model, design, trademark or other intellectual property right and you are enjoined from using same, we will, at our option and expense, (a) procure for you the right to continue using the goods; (b) replace the goods with non-infringing substitutes provided that such substitutes do not entail a material diminution in performance or function; (c) modify the goods to make them non-infringing; or (d) refund the purchase price of the goods less a reasonable amount for usage. The foregoing states our sole liability for intellectual property rights infringement.

32. 8. LIMITATION OF LIABILITY

33. 8.1 Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, procurement costs, loss of data, injury to reputation or loss of customers.

34. 8.2 We shall not be liable for any claims based on our compliance with your designs, specifications or instructions or repair, modification or alteration of any goods by parties other than us or use in combination with other goods.

35. 9. FORCE MAJEURE

36. 9.1 Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.

37. 10. MISCELLANEOUS

38. 10.1 The United Nations Convention for the International Sale of Goods shall not apply to these GTCS or to any contracts of sale entered into between us.

39. 10.2 No waiver of any provision of these GTCS shall constitute a waiver of any other provision(s) or of the same provision on another occasion. Failure of either party to enforce any provision of these GTCS shall not constitute a waiver of such provision or any other provision(s) of these GTCS.

40. 10.3 Should any provision of these GTCS be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision may be modified by such court in compliance with the law giving effect to the intent of the parties and enforced as modified. All other terms and conditions of these GTCS shall remain in full force and effect and shall be construed in accordance with the modified provision.

41. 10.4 These GTCS and all contracts of sale entered into between us shall be governed by and construed in accordance with the laws of Denmark without giving effect to any choice of law or conflict of law provisions. Any suits, actions or proceedings that may be instituted by either of us against the other shall be instituted exclusively before the competent courts of Denmark, however, without prejudice to our right to bring suits, actions or proceedings in any other court which would have jurisdiction if this provision had not been incorporated into these GTCS.

42. 11. REPAIRS

43. 11.1 All repairs require pictures of the breakage and a Repair and Decontamination Form to be filled out. Do not ship any items until we have issued a work order for your product. We will provide an estimated repair cost based off the pictures provided.

44. 11.2 The glassware must be clean and free from potentially dangerous chemicals or substances. We reserve the right to refuse repair.

45. 11.3 Once unit is received and evaluated a final repair cost will be calculated and sent for confirmation. Work will not commence until written approval to proceed is received.

46. 11.4 Free pick-up and delivery of repair glass applies only to a 60-mile radius of our shop, located at 208 Technology Park Ln. Suite 108, Fuquay-Varina, NC 27526. This is a limited time offer and we reserve the right to cancel at any time. Once terminated, there will be a fee for pick-up and delivery; in which we will determine at such time.

 

By using our website and purchasing our products, you acknowledge that you have read and agree to our terms and conditions. If you do not agree with any of the terms, please do not use our website or purchase our products