Terms of Sale
The Terms of Sale is a legal agreement between you (“you”, “your”) and Fluorochem Limited, Fluorochem Ireland Limited and Fluorochem BV (trading as “Fluorochem”, “we”, “our”), a limited company whose head quarters is Unit 14, Graphite Way, Hadfield. SK13 1QH, United Kingdom, but with operational places in both Netherlands.
1. PRODUCTS AND PRICING
1.1 Product Depictions/Product Descriptions: We have made every effort to display the specifications, descriptions, volume and dimensions of items on our promotional material, as accurately as possible. We cannot guarantee that any depictions of the products will accurately reflect the item delivered. The products will comply with the specification supplied as well as any descriptions thereof. In purchasing from Fluorochem you acknowledge that you have not relied upon any statement, promise or other representations about the products by us. Descriptions of the items set out in our sales documentation are intended as a guide only. Products supplied and purchased from Fluorochem are for research use only.
1.2 Subject to Change: Product description and product pricing is subject to change at any time without notice.
2.1 Obligation to Inspect: You must inspect the Products on delivery or collection and ensure that any inspection takes place in accordance with all relevant health and safety recommendations or regulations.
2.2 Damage: If you identify any damages or shortages, you must inform us in writing within 7 days of delivery, providing details. Other than by agreement, we will only accept returned Products if we are satisfied that those Products are defective and if required, have carried out an inspection. Subject to your compliance with this section 4 and/or our agreement, you may return the Products and we will, as appropriate, replace, or refund the Products or part of them. We will provide you with the necessary instructions for safe return via email. Please contact us for further information.
2.3 Exclusions: We will be under no liability or further obligation in relation to the Products if:
2.3.1 you fail to provide notice as set above; and/or
2.3.2 you or your staff fail to have sufficient expertise and safety equipment in place in respect of the safe handling of chemicals;
2.3.3 you make any further use of such Products after giving notice under the clause above relating to damages and shortages; and/or
2.3.4 the defect arises because you did not follow our oral or written instructions about the safe storage (where provided) of the Products; and/or
2.3.5 the defect arises from future use, combination in or with another product, or misuse or alteration of the Products, negligence, wilful damage or any other act by you, your employees or agents or any third parties.
2.4 Research Only: For the avoidance of doubt, all of our Products are supplied for the purposes of research use only. It is your responsibility or that of your organisation or institution to ensure or determine the use, if any, of any such Products. Fluorochem does not advise in relation to the use of our Products and you expressly hold Fluorochem harmless from any use made or combination with another product by you or your organisation of the Products.
2.5 Risk and Cost: You bear the risk and cost of returning the Products.
2.6 Deemed Acceptance: Acceptance of the Products will be deemed to be upon inspection of them by you and in any event within 14 days after delivery.
2.7 Items eligible for refund or replacement:
2.7.1 Item(s) damaged in transit: Any claims for breakages can be made either by telephone +44 (0) 1457860111 or through the Website as soon as possible after delivery. Fluorochem will take care and attention to packing breakable items but in the event that there is damage during transit, Fluorochem will either replace or refund the broken item.
2.7.2 Defective/spoiled item(s): You have the right to return a faulty time within a reasonable period of time. If you have received a defective/spoiled item please contact us through the Website or our customer service team.
2.7.3 Incorrect item(s): If you receive an incorrect item please contact us as soon as possible through the Website or our customer service team.
2.8 Refund/Replace: Damaged, defective, or incorrect items will be refunded to you or a replacement will be sent to you. Please contact Fluorochem directly to arrange the return and collection of the relevant Product. Products are required to be packaged in a compliant manner for shipping regulations. Please contact Fluorochem for more details.
3. WARRANTY & DISCLAIMER
3.1 All information and content on our promotional material in respect of the Products, are provided “as is” or “as available”. Fluorochem does not warrant, and expressly disclaims, that the information contained in and the content provided on the promotional material is up-to-date and complete and expressly disclaims any warranty as to suitability of any of the Products for any further use by you. For the avoidance of doubt, all of our Products are supplied for the purposes of research use only. It is your responsibility or that of your organisation or institution to ensure or determine the use, if any, of any such Products. Fluorochem does not advise in relation to the use of our Products and you expressly hold Fluorochem harmless from any use made by you or your organisation of the Products.
3.2 Breach of Warranty: For the avoidance of doubt, Fluorochem shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
3.2.1 any use of the products by you or incorporation by you in any chemical fashion including use in pharmaceuticals and/or for human or animal consumption;
3.2.2 any alteration, modification, adjustment, translation, adaptation or enhancement made by you to the products supplied or any combination, connection, operation or use of the products with or for pharmaceutical use whether for future use in humans, animals or otherwise; and/or
3.2.3 any act, omission, negligence, fraud or default of or by you.
4. LIMITATION OF LIABILITY
4.1 Precedence: This Section prevails over all other provisions of these Terms of Service and sets out the entire liability of Fluorochem in respect of:
4.1.1 the performance, non-performance, purported performance or delay in performance by Fluorochem of its obligations under these Terms of Service; and
4.1.2 otherwise in relation to this Agreement or the entering into or performance of these Terms of Service including breach of statutory duty, and in tort, misrepresentation or otherwise which will be limited to this Section.
4.2 If Fluorochem does not deliver the Products, our liability is limited, subject to the Section below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products.
4.3 Total Liability: Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.
4.4 Limits: We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Products, for:
4.4.1 any indirect, special or consequential loss, damage, costs, or expenses; and/or
4.4.2 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
4.4.3 any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
4.4.4 any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
4.4.5 any loss relating to the choice of the Products and how they will meet your purpose or the use by you of the Products supplied.
4.5 The exclusions of liability contained within this Section will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.
4.6 No Implied Terms: The terms of these Terms of service are in lieu of all other conditions, warranties and other terms concerning the supply or purported supply of, or failure to supply or delay in supplying, any services (except for those arising under the Sale of Products Act 1893 and/or the Sale of Products, Supply of Services Act 1980 (if any) which might but for this Section have effect between Fluorochem and you or would otherwise be implied or incorporated into these Terms of Service or any collateral contract, whether by statue, common law, or otherwise (including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or as to the use of reasonable skill and care), all of which are hereby excluded.
4.7 Non-Contractual Liability: Fluorochem does not accept, and excludes all liability for breach of any obligation or duty to take reasonable care or exercise reasonable skill other than any such obligation or duty arising under these Terms of Service.
5. PROHIBITED USES
5.1 Prohibited: You are prohibited from using the Products, in any of the following ways:
5.1.1 for any unlawful purpose;
5.1.2 to solicit others to perform or participate in any unlawful acts;
5.1.3 to violate any local or international regulations or laws;
5.1.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;