THE LAB DEPOT, INC. GENERAL TERMS AND CONDITIONS OF SALE

ALL TRANSACTIONS BETWEEN THE LAB DEPOT, INC., AND ITS CUSTOMERS ARE EXPRESSLY SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF SALE. THESE TERMS AND CONDITIONS CAN NOT BE MODIFIED OR DELETED EXCEPT BY A WRITING SIGNED BY BOTH THE LAB DEPOT, INC., AND ITS CUSTOMER.

PRICING:

Prices are subject to change without notice. If you have been provided a quotation, please provide that information at the time the order is placed. Minimum order charges, hazardous material fees, DOT repackaging fees and refrigerated handling fees may be assessed if applicable.

SHIPPING TERMS:
If a PO is accepted by The Lab Depot, Inc., items will be shipped according to the written instructions on the PO. Otherwise, Freight terms are FOB Shipping Point. Shipping will be prepaid and added to the invoice.

PAYMENT TERMS:
Provided a completed commercial credit application has been submitted to and approved by The Lab Depot, Inc., The Lab Depot, Inc. will provide Net 30 payment terms to approved customers. All charges are due no later than 30 days from the date of billing. All sums unpaid by such date may be subject to a finance charge until paid at the rate of 1.5% per month (18% per annum) or maximum rate allowed by law, whichever is less. All sums are due and payable at the offices of The Lab Depot, Inc., in Dawsonville, Georgia.

If a credit application has not been approved, all orders must be prepaid by Visa, Master Card, American Express, cashiers check, or ACH transfer prior to The Lab Depot, Inc. processing the order.

INSPECTION OF SHIPMENTS:
Any single item with a value over $250, must be inspected immediately for any visible outward damage before the delivery company leaves the premises. Any damages and exceptions must be noted on the Bill of Lading or delivery ticket. Capital equipment that has been damaged should be refused and left with the delivery company or carrier. The item must be inspected immediately for concealed damage. In the event of any damage, the original shipping container must be saved for the inspection. The Lab Depot, Inc., should be notified immediately of such damage. Failure to adhere to this policy will release The Lab Depot, Inc. from any responsibility regarding replacement and/or credit.

RETURN GOODS POLICY:
The Lab Depot, Inc. WILL ONLY ACCEPT RETURNED GOODS IF SUCH RETURN COMPLIES WITH THE PROVISIONS IN THIS POLICY.

  • To ensure credit, returns must be pre-approved by an authorized heLab Depot, Inc. representative, and assigned a return goods authorization number which must accompany the return.
  • A request for return must be initiated within thirty days of the receipt of the merchandise.
  • Risk of loss on items to be returned does not pass to The Lab Depot, Inc. until received at The Lab Depot, Inc..
  • If The Lab Depot, Inc., determines that the return is a result of customer error, such items must be returned to the warehouse of The Lab Depot, Inc. at the expense of the customer
  • Except for items which are returned as a result of an warranty repair failure, all items must be returned in their original box. Unmarked, unused, unopened, and in resalable condition.
  • All items must be returned in their original box and packed in a sufficient exterior box for return shipping, and include all accessories, certificates and manuals included in the original shipment.
The following items may not be returned:
  • Refrigerated or sterile products may not be returned, even if they are unmarked and unused.
  • Made-to-order or specially ordered items (items not routinely stocked in the warehouse of The Lab Depot, Inc., or currently not sold by The Lab Depot, Inc.) may not be returned unless a vendor is willing to take back a specially ordered item. The return of a specially ordered item is subject to any restocking fee charged by the vendor.
  • Obsolete, discontinued, expired, short-dated, used, or items in units of measure less than the original unit of sale from The Lab Depot, Inc. may not be returned for credit.
Hazardous items and chemicals may not be returned.

FORCE MAJEURE

In the event that The Lab Depot, Inc. shall be prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of the parties hereto, then it shall be excused from any further performance of its obligations and undertakings hereunder. If, however, performance by The Lab Depot, Inc. is not prevented but is instead interrupted or delayed by any occurrence not occasioned by the conduct of The Lab Depot, Inc. such as but not limited to an act of God or the act of conduct of any other person or entity not an agent or employee of The Lab Depot, Inc., then performance shall be excused for such period of time as is necessary after such occurrence in order to remedy the effects thereof.

THE LAB DEPOT, INC.’S WARRANTY POLICY:
THE CUSTOMER, BY PLACING AN ORDER WITH THE LAB DEPOT, INC., ACKNOWLEDGES THAT THE ONLY WARRANTY OF ANY KIND OR CHARACTER, EXPRESSSED OR IMPLIED, MADE BY THE LAB DEPOT, INC., WITH RESPECT TO ANY PRODUCT IS THE WARRANTY OF TITLE. OTHERWISE, THE LAB DEPOT, INC., MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WHATSOEVER. THE ONLY WARRANTIES, OTHER THAN THE WARRANTIES AS TO TITLE, ARE THOSE PROVIDED BY THE MANUFACTURER OF THE PRODUCT IN QUESTION. THE CUSTOMER IS SPECIFICALLY DIRECTED TO THE MANUFACTURER’S WARRANTIES AS SET FORTH IN THE LABELING AND LITERATURE WHICH ACCOMPANY THE PRODUCT FOR THEIR TERMS AND CONDITIONS.

By purchasing products from The Lab Depot, Inc., buyer acknowledges that The Lab Depot, Inc., has not made, does not make and specifically negates and disclaims, any and all warranties (other than warranty of title), representations, promises, covenants, agreements and/or guarantees of any kind or character whatsoever, whether expressed, implied and/or statutory, oral or written, past, present or future. Buyer further acknowledges that The Lab Depot, Inc. is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the products or their use or operation, including, but not limited to such matters that are furnished by the manufacturer. The Lab Depot, Inc., shall not be liable, either in tort or in contract, for any loss or damage, whether direct, incidental or consequential, arising out of the use, misuse and/or inability to use the products which it offers for sale, none of which are manufactured by The Lab Depot, Inc. expressly including loss resulting in bodily injury, sickness, disease, or death. To the fullest extent permitted by law, Buyer agrees to defend, indemnify, and hold harmless The Lab Depot, Inc. and their employees, agents, successors, and assigns from and against claims, damages, loss, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the goods sold to Buyer, including any claim, damage, lost or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use, resulting there from, except for those harms caused by gross negligence of The Lab Depot, Inc.

Terms and Conditions for Credit:
The applicant, through the undersigned, agrees to make payment for all purchases to The Lab Depot, Inc., with offices located in Dawsonville, Georgia, according to The Lab Depot, Inc. general terms and conditions of sale. No terms or conditions of purchase orders different from The Lab Depot, Inc.’s general terms and conditions of sale will become part of any transaction unless specifically approved in writing by The Lab Depot, Inc. No waiver of any terms as herein provided shall constitute a waiver of this agreement.

In the event this account is placed in the hands of an attorney for collection, the undersigned agrees and promises to pay reasonable and necessary attorney’s fees.

No deductions are allowed unless agreed upon by The Lab Depot, Inc., in writing. Any returns are to be made with prior approval only and may be subject to a restocking charge.

The applicant authorizes The Lab Depot, Inc. to release of all information needed to verify the contents of this application or to otherwise process this application, including, but not limited to, contacting third parties concerning creditworthiness of the applicant. The applicant further agrees to hold The Lab Depot, Inc. harmless from any and all information herein solicited or disseminated by The Lab Depot, Inc. in connection with this application request.

If the applicant is a privately held for profit corporation, LLC, partnership or sole proprietor, then the applicant consents through the undersigned, to The Lab Depot, Inc.’s use of a nonbusiness consumer credit report on the applicant in order to evaluate the creditworthiness of the applicant in connection with the extension of business credit as contemplated by this credit application. The applicant, through the undersigned, hereby authorizes The Lab Depot, Inc. to utilize a consumer credit report on the applicant from time to time in connection with the extension or continuation of the business credit represented by this credit application. The undersigned hereby knowingly consents to the use of such credit report consistent with the Federal Fair Credit Reporting Act.

The laws of the state of Georgia shall be applicable to any litigation arising from this agreement. In the event of litigation, applicant agrees that the proper venue shall be Dawsonville, Georgia.

Acknowledgment & Acceptance

Completion and submission of this form, or other credit or credit reference form provided and submitted by applicant to The Lab Depot, Inc. in any part, constitutes an acknowledgment and acceptance of the terms and conditions as stated here within.

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