Picarro Webstore Terms of Sale
submitting your order through the Picarro webstore, you (“Customer”) are
agreeing to these terms of sale. Any of Picarro’s
acceptance of any order is subject to Customer’s assent to these terms. Picarro reserves the right to accept or
reject any order.
prices are in U.S. dollars and do not include freight, handling fees, taxes,
and are subject to correction or change without notice. Customer agrees to pay for all shipping
charges and all applicable state and local sales taxes (or provide a valid tax
and Credit Terms
Picarro accepts payment
for webstore purchase only by credit card (Visa, MasterCard, and American
Express). If Customer
fails to provide adequate credit card or payment information within a
reasonable time after requested by Picarro (such time as specified in Picarro's
request), Picarro may defer shipments until such information is provided. Picarro uses a third party to process all
credit card transactions online.
Picarro will arrange for
shipment on Customer’s behalf using a shipper of Picarro’s choice, and will
charge Customer for the costs of shipment on each order which is applied at
time of order and reflected on the order acknowledgment issued by Picarro to
the Customer. Shipping charges include
shipping cost and insurance to the destination address.
For Customers located outside of
the United States, the Customer is the importer of record and must comply with
all laws and regulations of the destination country. Orders shipped outside of
the United States may be subject to import taxes, customs duties and fees
levied by the destination country. The Customer
of an international shipment may be subject to such import taxes, customs
duties and fees, which are levied once a shipment reaches the Customer's
country. Additional charges for customs
clearance must be paid by the Customer; Picarro has no control over these
charges, nor can Picarro predict what they may be.
Customs policies vary widely
from country to country; Customer should contact local customs office for more
information. Customs clearance
procedures can cause delays beyond Picarro’s original delivery estimate.
For sake of clarity, Picarro
ships products to Customers located in the United States under freight terms of
FOB Origin, prepaid; and to Customers located outside the United States under
freight terms of CIP (carriage and insurance paid by Picarro to named place of
Customer). Title passes to Customer upon handing goods over
to the carrier at the place of shipment. If the product is damaged in transit, Customer may
return the product in accordance with Picarro’s return policy.
If the Customer does not accept
these terms, the purchase should not be made through the Picarro Webstore and
Customer should submit a Purchase Order to Picarro at the prevailing rates.
may be cancelled prior to shipment. Many
orders will be fulfilled within 24 hours and therefore may not be eligible for
cancellation. If Customer’s order is
backordered or not shipping for two or more business days, please contact firstname.lastname@example.org and
we will do everything we can to accommodate your request. Upon shipment, all product order
cancellations must be approved by Picarro, and may be denied or subject to
restocking fees and other charges. Customer
should contact Picarro at email@example.com for
instructions. Returned products must be
in original packaging, unused, undamaged, and in saleable condition. Proof of
purchase is required in all cases.
6) Product Inspection.
Customer shall have the right to inspect the Products upon delivery.
Customer’s exclusive remedy with respect to any defective or non-conforming
Product shall be to have Picarro repair or replace such defective or
nonconforming Product or credit Customer’s credit card, whichever Picarro may
elect in its sole discretion. These remedies are available only if Customer
notifies Picarro promptly upon Customer’s discovery of a Product defect or
non-conformity. If it is found that any
Product has been returned which is not defective or non-conforming or has been
subject by Customer to misuse, negligence or accident, or connected, installed,
used or adjusted by Customer otherwise than in accordance with the instructions
furnished by Picarro, Customer will be notified, and such Product returned at
Customer’s expense. Customer’s right to
inspect and reject a Product upon delivery shall be in addition to the limited
product warranty and remedies described herein.
7) Limited Product
PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A
PERIOD OF ONE (1) YEAR AFTER THE DATE OF SHIPMENT FROM PICARRO, UNLESS
OTHERWISE STATED. IN THE EVENT OF A
DEFECT IN THE PRODUCT IN VIOLATION OF THE FOREGOING WARRANTY, PICARRO WILL, AT
ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY
CUSTOMER. PICARRO'S REPAIR, REPLACEMENT,
OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER'S SOLE
AND EXCLUSIVE REMEDY. This warranty
does not apply to any damage to the Product arising out of misuse of the
Product, improper storage or handling of the Product by Customer, improper
installation, or modification of the Product that has not been approved by
EXCEPT AS SET
FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION,
EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY PICARRO. PICARRO DISCLAIMS ANY EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
OF INTELLECTUAL PROPERTY RIGHTS.
9) Warranty Product
In the event a
Product does not comply with the Limited Product Warranty or Customer discovers
a problem with the Product upon delivery, Customer must contact Picarro at firstname.lastname@example.org and provide the
date, the original invoice number, the stock number, and a description of the defect. Picarro will provide a return material
authorization form for Customer to use in returning the Product. The warranty period with respect to a Product
returned pursuant under warranty will be extended by the period of time that
Customer was not able to use the Product.
10) Product Installation.
Picarro is not
responsible for assembly or installation of a product. If the Product is
intended to be used in or with a Picarro manufactured analyzer, Customer should
review the instructions published on Picarro’s website.
11) LIMITATIONS OF
that Picarro shall not be liable for any incidental, special, indirect, or
consequential damages, including without limitation loss of profit, plant,
equipment, information, or production, arising from the sale or purchase of any
Products from the Picarro webstore, regardless of whether Picarro has been
informed of the possibility of such damages.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE. THE ESSENTIAL PURPOSE OF The cumulative
liability of Picarro to Customer and its employees and users shall in no event
exceed the amounts paid by Customer for the Product. THIS PROVISION IS TO LIMIT THE POTENTIAL
LIABILITY OF SELLER FOR CLAIMS ARISING OUT OF THIS AGREEMENT AND/OR THE SALE OF
in the catalogs and websites are for illustrative purposes only. Possession of,
or access to, any Picarro literature or websites does not constitute the right
to purchase products. Picarro reserves the right to revise publishing errors in
its catalogs or any of its websites. Despite
our efforts, occasional pricing errors may occur in the Picarro website.
Picarro reserves the right to cancel any and all orders resulting from such
pricing errors, even if Customer has received an order confirmation from
It is Customer's
responsibility to advise Picarro whether this order is funded in any part by
funds from or related to the American Reinvestment and Recovery Act (“ARRA”)
(Pub. L. No. 111-5) (i.e., Stimulus Funds). Upon request, Picarro will provide country of
origin information so that Customer may determine compliance with any
applicable requirements under ARRA Section 1605 or any other applicable
regulations. Products sold by Picarro
meet the requirements of the Trade Agreements Act (“TAA”), as implemented by
Federal Acquisition Regulations Part 25.
shall have no right, title, or interest in the trade names, trademarks, trade
dress, copyrights, patents, domain names, product names, catalogs or any other
intellectual property rights reserved by Picarro, or any trademarks or service
marks owned by suppliers to Picarro. All materials contained on the www.picarro.com
webstore are subject to the ownership rights of Picarro and its
suppliers. Customer shall have no right to copy or use any of the intellectual
property of Picarro or its suppliers without Picarro's permission.
Choice of Law and Venue.
agreement will be governed by the laws of the State of California. The
California State Courts of Santa Clara County, California or the United States
District Court for the Northern District of California will have exclusive
jurisdiction over and be the sole venue for the resolution of any dispute
arising out of this agreement, and Customer hereby consents to the jurisdiction
of such courts.
portion of these terms and conditions is found to be invalid or unenforceable
by a court of competent jurisdiction, the invalid or unenforceable term shall
be severed from these terms and conditions, and the remaining terms and
conditions shall be valid and fully enforceable as written.
additions or modifications of Picarro’s terms and conditions by Customer shall
be binding upon Picarro, unless agreed to in writing. If a purchase order or other correspondence
submitted by Customer contains terms or conditions contrary or in addition to
the terms and conditions contained herein or in Picarro’s acknowledgment,
Picarro’s fulfillment of any such purchase order shall not be construed as
assent to any of the terms and conditions proposed by Customer, and will not
constitute a waiver by Picarro of any of the terms and conditions contained
herein or in Picarro’s acknowledgment.