DISCLAIMER Unless covered in a separate contractual agreement with ZEUS Scientific:
ZEUS Scientific cannot guarantee a single lot number to fulfill the full quantity on each order.
ZEUS Scientific’s standard policy is to ship orders with at least three months expiration dating at the time of order placement.
ZEUS Scientific products have been validated to ship via priority overnight delivery (or international priority for accounts outside the U.S.) and is standard shipping policy.
Shipping charges are not included in the product price. For all orders shipped utilizing the ZEUS Scientific Federal Express account number, freight will be prepaid and added to the final invoice. For all orders shipped utilizing a recipient or third-party account number, a $25 handling fee will apply per order. ZEUS will exercise discretion with respect to the mode of transportation, carrier, packaging and insurance. Customer is responsible to arrange for insurance coverage for products in transit if required and will provide evidence of coverage reasonably satisfactory to ZEUS upon request.
ZEUS Scientific does not ship any orders on Friday as standard shipping practice. Ifyou are a U.S. account and you wish to receive your order on a Saturday, you must make a note of that when placing your order so that Saturday delivery can be arranged. Saturday delivery freight charges will apply. If no note is made, the order will be held for Monday shipment (Tuesday delivery). ZEUS Scientific also does not ship any orders the day before a statutory U.S. holiday.
AtheNA Multi-Lyte® and ZEUS IFA™ products require ice packs during shipment. ZEUS ELISA™ products have been validated to ship priority overnight (or international priority) without ice packs. If you would like ice added to your ZEUS ELISA™ order, you must make a note of that when placing your order.
ZEUS Scientific ships all products FOB Shipping Point with the risk of loss passing to Customer upon tender by ZEUS of the product to the carrier.
All orders are subject to acceptance at the sole discretion of ZEUS Scientific. ZEUS reserves the right to ship partial shipments and shipment shall at all times be subject to approval by our credit department.
Payment terms are pre-pay unless otherwise mutually agreed upon by the parties in writing. If payment terms apply, late fees shall be assessed at a rate of 1.5% of the unpaid amount due, per month on a pro-rata basis, but not more than the highest rate allowed by law.
Customer shall pay any applicable sales, use, excise, personal property or other taxes, including any interest, levied by a proper taxing authority; provided that Customer shall not be obligated to pay tax on ZEUS’ income. If Customer is claiming tax exempt status, then Customer agrees to provide acceptable tax exemption certificates to ZEUS as a precondition for removal of tax payments from ZEUS’ invoices.
ZEUS Scientific shall not be liable in any way for its failure to supply the quantity of products or meet the shipment date contained in any order.
Customer shall promptly provide written notice to ZEUS for (i) any discrepancies between the type or quantity of Products ordered and Products delivered; or (ii) any Products delivered which do not conform to the warranty specifications as referenced in the Limited Warranty, as defined below. Customer’s failure to provide written notice to ZEUS within seven (7) days from receipt of delivery of the Products shall be deemed Acceptance. For the sake of clarity, third party reagents and third-party interfaces, collectively “Third Party Products”, shall not be subject to this provision. ZEUS Scientific does not accept any product returns for orders placed incorrectly. Returns may be accepted and/or refunds may be extended in the event that ZEUS has made an error.
Each party (“Indemnitor”) agrees to defend, indemnify and hold harmless the other party and its agents (“Indemnitee”) from and against any claims of third parties for damages, losses, liabilities, costs and reasonable expenses (collectively “Damages”) incurred by the Indemnitee to the extent such Damages were caused by the negligent conduct, intentional misconduct or misrepresentation of the Indemnitor.
FOR THE APPLICABLE WARRANTY PERIOD, ZEUS WARRANTS THAT EACH PRODUCT SHALL BE (i) OF GOOD QUALITY AND FREE OF MATERIAL DEFECTS, (II) FUNCTION IN ACCORDANCE WITH THE PERFORMANCE SPECIFICATIONS REFERENCED IN THE PRODUCT MANUAL, AND (III) APPROVED BY THE PROPER GOVERNMENTAL AGENCIES REQUIRED FOR THE SALE OF PRODUCTS FOR THEIR INTENDED USE (“LIMITED WARRANTY”). IF ANY RENTAL EQUIPMENT FAILS TO MEET THE REQUIREMENTS OF THE LIMITED WARRANTY, THEN AS CUSTOMER’S SOLE REMEDY, ZEUS SHALL COORDINATE SERVICE OR REPAIR BY A THIRD PARTY FOR THE PRODUCT SUBJECT TO THE WARRANTY CLAIM. IF ANY REAGENT FAILS TO MEET THE REQUIREMENTS OF THE LIMITED WARRANTY, THEN AS CUSTOMER’S SOLE REMEDY, ZEUS SHALL EITHER REPAIR OR REPLACE, AT ZEUS’S DISCRETION, THE REAGENTS SUBJECT TO THE WARRANTY CLAIM. EXCEPT FOR THE LIMITED WARRANTY STATED IN THIS SECTION, ZEUS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT REGARDING THE PRODUCT. ZEUS'S MAXIMUM LIABILITY WITH ANY CUSTOMER CLAIM SHALL NOT EXCEED THE NET PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, DATA OR REVENUE, EVEN IF A PARTY RECEIVES NOTICE IN ADVANCE THAT THESE KINDS OF DAMAGES MIGHT RESULT.
The Limited Warranty above shall not apply if the Customer has subjected the product to physical abuse, misuse, abnormal use, use inconsistent with the Product Manual or Insert, fraud, tampering, unusual physical stress, negligence or accidents. Any warranty claims by Customer pursuant to the Limited Warranty shall be made in writing and received by ZEUS within the applicable warranty period for such product.