Picarro Webstore Terms of Sale
1) Acceptance of Terms
By 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.
All 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 exemption certificate).
3) Payment 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.
5) Cancellation and Returns.
Orders 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 email@example.com 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 firstname.lastname@example.org 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 Warranty
PICARRO WARRANTS 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 Picarro.
8) WARRANTY DISCLAIMER
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 Returns.
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 email@example.com 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 LIABILITY.
Customer agrees 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 PRODUCTS.
12) Webstore Information.
Product depictions 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 Picarro.
13) ARRA Orders.
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.
14) Intellectual Property.
Customer 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.
15) Waiver, Choice of Law and Venue.
This 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.
If any 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.
17) Modification of Terms.
No 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.