Terms & Conditions
By purchasing any of the products from HAworks LLC. (Hereinafter: "HAworks"), the purchaser accepts the following terms and conditions:
1. Price and Sales Tax:
The price of the product as indicated in the invoice includes all shipping and handling costs in U.S. dollars. Any use tax, sales tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any government authority, on or measured by the transaction between HAworks and Purchaser shall be paid by Purchaser in addition to the prices invoiced. The purchaser agrees to indemnify HAworks for any such tax, fee or charge if not properly paid by it.
2.Terms of Payment:
Terms of payment are NET 30 days from date of invoice for the full amount, unless otherwise stated. All payments must be made in US currency, all banking or related fees will be paid by Purchaser and are not to be deducted from HAworks payment. The accepted methods of payment are listed in order of preference. The purchaser agrees to pay 2% extra for any delay in payment.
HAworks reserves the right to select the packaging and shipping method for the order, which will ensure the stability of the product as well as efficient tracing. Any damage during shipment is covered by the warranty provided herein. Title to the goods, as well as the risk of loss of the goods, passes when the goods are placed with the shipper. The purchaser is liable for risk of loss of the goods and or damage of the goods when using his courier account. The purchaser is solely liable for any loss of the goods and/or damage of the goods when package is detained in customs and/or Government inspection at the country of destination. It is the Purchaser duty to inform the customs/Government/Courier to maintain the goods at the appropriate temperature conditions.
The purchaser may receive a separate bill for local taxes at the country of destination and this is not a reason to refuse the shipment as HAworks has no control over these costs. Please check with your local customs office prior to placing an order to further clarify any possible fees. All refused/undeliverable orders for any reason will be charged a 20% re-stocking/re-processing fee of the total purchase price of the product. The purchaser agrees to pay the shipping fee in full for the product/s exported as well as the shipping fees for the import of the product/s of the refused package back to HAworks.
4. Use of Products:
All products are sold for laboratory research use only. All products are NOT intended for in vitro diagnostics, in foods, drugs, cosmetics, or medical devices for humans or animals or for commercial purposes. Purchaser acknowledges that the products have not been tested by HAworks for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use. No products purchased from HAworks shall be considered to be foods, drugs, or cosmetics. Purchaser warrants to HAworks that purchaser will properly test, use, and market any products purchased from HAworks and/or materials produced with products purchased from HAworks in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. Purchaser expressly represents and warrants to HAworks that products will be handled by professional staff or qualified individuals experienced in handling potentially hazardous chemicals. The purchaser may be asked to provide a written assurance that products not be purchased/resold for an improper use. Purchaser realizes that, since HAworks’s products are intended for research purposes, they may not be on the Toxic Substances Control Act (TSCA) list. Purchaser assumes responsibility to assure that the products purchased from HAworks are approved for use under TSCA, if applicable. Purchaser has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from HAworks. Purchaser further represents and warrants that any use of products will not violate any law or regulation. Purchaser acknowledges that he is familiar with the provisions of the Toxic Substances Control Act exemption for research and development found in 40 CFR 720. Purchaser agrees to notify HAworks in writing if use of products is intended for manufacturing as defined in the Toxic Substances Control Act. Purchaser further agrees not to use HAworks’s products in manufacturing unless and until Purchaser and HAworks have confirmed that the product is listed in the TSCA Inventory List or that a pre-manufacturing notification has been filed and approved by the United States Environmental Protection Agency.
5. Claims and Return Policy:
Any claim and/or claim for credit or return of goods request must be made within ten (10) days of receipt of the product. Products may be returned by the purchaser within 10 days of receipt, provided that the vial(s) have not been opened, broken or otherwise altered. When the returned product is received by HAworks, the purchaser will be credited for 80% of the product's price. The purchaser should send the product/s back using his courier account and bare/responsible for any imposed customs and/or taxes that might be. The Purchaser will contact HAworks prior to shipping to receive the specific shipping information.
6. Limited Warranty:
The Data Sheet for the product, which is attached to the product, reflects its specifications, applications and conditions for use of the product. HAworks reserves the right to supply products with a Data Sheet which differs from the published Data Sheet on website due to different batch numbers. HAworks reserves the right to change the content of the Data Sheet without prior notification. Each batch has its own characteristics. All products supplied by HAworks are warranted to meet the published specifications published in the Data Sheet provided with the product and when used under normal conditions in an adequate laboratory.
Purchaser agrees that purchaser has the responsibility to fully determine the accuracy and completeness of any technical data concerning any product or use. At purchaser’s request, HAworks may, at HAworks’s discretion, furnish technical assistance and information with respect to HAworks’s products. HAworks makes no warranties of any kind of nature, express or implied, including implied warranty of merchantability or fitness for any particular purpose, with respect to technical assistance or information provided by HAworks. Any suggestions or advices by HAworks regarding use, selection, application or suitability of the products shall not be construed as an express warranty.
7. Remedies and Limitations:
Should any product fail to perform as warranted or for any other claims arising from or related to the purchase of HAworks’s products, HAworks’s liability and the purchaser’s remedy are strictly limited to the purchase price or replacement, at HAworks's sole discretion, of the product.
The above referred remedy shall be the sole and exclusive remedy to the exclusion of any and all other remedies including, without limitation, claims for indirect or consequential damages.
The purchaser agrees to indemnify, defend and hold HAworks, its directors, officers, shareholders, employees, representatives and assignees (collectively, "Affiliates") harmless from and against any and all costs, liabilities, losses, and expenses resulting from any claim, suit action, or proceeding brought by any third party against HAworks or its Affiliates alleging or arising from or related to any breach of these Terms & Conditions by the purchaser.
9. Patent Disclaimer:
HAworks does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patent or patent application covering the product itself or the use thereof in combination with other products or in the operation of any process. The purchaser is solely responsible for any patent infringement resulting from use of products.
10. Choice of Law and Jurisdiction:
All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of New Jersey including its conflict of laws principles.
These Terms and Conditions reflect the entire understanding and agreement between HAworks and the purchaser with respect to the purchase of the product(s).