Terms & Conditions
Orders: Quantities of the goods to be shipped by Pacer Global LLC to Customer shall be confirmed to Customer after receipt of a purchase order from Customer and shall be shipped to Customer in accordance with the terms of this Agreement and the terms of Customer’s purchase order that pertain to quantities and types of goods ordered and delivery dates and locations, unless otherwise agreed by the parties.
Shipments: Shipment dates are based upon Pacer Global LLC’s best judgment and are subject to factory schedules and production limitations, and hence are not guaranteed.
Delivery in Installments: Pacer Global LLC reserves the right to make delivery in installments, unless otherwise expressly stipulated herein. All such installments shall be separately invoiced and paid for when due, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Customer of its obligation to accept remaining deliveries.
Risk of Loss: All shipments will be F.O.B. destination. Risk of loss of or damage to the goods passes to Customer upon delivery. Title remains with Pacer Global LLC until Pacer Global LLC receives payment for the goods.
Delays: Pacer Global LLC shall not be liable for delays in performance caused by force majeure, act of God, fire or other casualty, accident, strike, boycotts, shortage of labor or materials, governmental action or other cause beyond Pacer Global LLC’s reasonable control; and the time for Pacer Global LLC’s performance shall be extended by the period of any such delay. Pacer Global LLC reserves the right to apportion goods among its customers as it may determine.
Inspection; Claims: Customer shall examine the delivered goods upon receipt and shall notify Pacer Global LLC, in writing, of any non-conforming goods within fifteen (15) days of receipt thereof at destination. Failure to timely give such notice shall constitute an irrevocable acceptance of the goods. No claims, of any kind, by Customer shall be valid without notice, as specified. Customer shall afford Pacer Global LLC a reasonable opportunity to inspect the goods and repair or replace any goods determined by Pacer Global LLC to be non-conforming. No goods shall be returned without Pacer Global LLC’s consent.
Remedy for Non-Conforming Goods: If the goods furnished to Customer are damaged or defective or otherwise non-conforming and Customer has timely provided the notice and inspection opportunity above described, then Pacer Global LLC, at its discretion, shall, within thirty (30) days of notice of said non-conformity, issue credit for or shall replace such non-conforming goods at the original point of delivery and shall furnish instructions for the disposition of the non-conforming goods. Any transportation charges involved in such disposition shall be for Pacer Global LLC ‘s account. Customer’s exclusive and sole remedy on account of or in respect to the furnishing of non-conforming goods shall be to secure credit or replacement thereof as aforesaid. Pacer Global LLC shall not, in any event, be liable for any special, direct, indirect, incidental or consequential damages to anyone by reason of the fact that such goods are non-conforming as determined by Pacer Global LLC or as to any express or implied warranty herein.
Return Policy:
- Applies to Pacer Global LLC supplied general consumables only; chemicals and media, buffers, serums and reagents (whether standard or custom) and consumables and other goods not supplied by Pacer Global LLC are not returnable. Returns of products purchased by, but not supplied by, Pacer Global LLC are subject to the return policies of their respective suppliers. Canisters are returnable only as set forth in “Special Terms Applicable to Canisters” below.
- Customer must contact Pacer Global LLC about requests for return within 45 days of receiving item(s)
- Customer must ship item(s) within five (5) business days of speaking with customer service
- Pacer Global LLC will only accept returned items that are undamaged with unopened products
- Pacer Global LLC consumable returns will incur a 20% restocking fee
- Items must be received in sellable condition. Upon inspection, Pacer Global LLC reserves the right to reject the return due to damage. Evidence of damage will be provided to the Customer and disposition of materials will be required within five (5) business days. Should an item be deemed unsaleable, it is the responsibility of the Customer to file a claim with the carrier
- Customer is responsible for return freight cost
- Disputes may be filed if any item is deemed unsaleable (would provide proof of disposal, reason for rejection, etc.); no refund will be issued
- Returns will not be accepted for consumables or other products that were ordered offsite of the Pacer program
- If product is deemed defective, Pacer Global LLC will assume responsibility for the return and/or replacement of the product
Responsible Care: Both parties agree to handle, store, transport, and dispose of the goods in reasonable manner with appropriate regard for the safety of their employees and the general public, and agree to comply with all applicable environmental, transportation and safety regulations.
PRICES AND PAYMENT
Prices and Terms: Prices, terms and availability of goods are subject to change without notice, including but not limited to changes caused by the fluctuations in market price, availability or quality of any of the items employed in the manufacture of the goods described herein. Payment hereunder shall be due net thirty (30) days from the date of shipment. All amounts past due shall bear interest at the rate equal to the lower of (a) 1.5% per month or (b) the maximum rate allowable by applicable law. Pacer Global LLC’s obligation to produce or deliver hereunder is conditioned upon the continued good credit of Customer and upon Customer’s payment when due of any sums owing by Customer to Pacer Global LLC. Based on Pacer Global LLC’s reasonable judgment, if Customer’s financial condition at the time the goods are ready for shipment does not justify the terms specified, Pacer Global LLC reserves the right to change these terms, to require full or partial payment in advance, or to cancel pending order(s).
Taxes: Any taxes or other government levy or charge (or any increase in same) which Pacer Global LLC may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the goods, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of Customer and may, at Pacer Global LLC’s option, be added to the price of the goods shipped hereunder.
Credit Card Payments: Credit card payments on invoices will incur a 3.5% processing fee.
LIMITED WARRANTY, LIMITATIONS OF LIABILITY, INDEMNITY
Limited Warranty: EXCEPT AS SPECIFICALLY SET FORTH IN A SEPARATE WRITTEN WARRANTY PROVIDED BY Pacer Global LLC WITH RESPECT TO A SPECIFIC PRODUCT, IF ANY, Pacer Global LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No agent, employee, or representative of Pacer Global LLC has any authority to bind Pacer Global LLC to any affirmation, representation or warranty concerning the goods sold pursuant to the terms hereof, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included herein, it is not deemed part of the basis of this bargain and shall not in any way be enforceable.
Liability: Except to the extent that such is solely and directly caused by Pacer Global LLC’s breach of its obligations hereunder, Customer assumes all liability arising out of compliance with any laws, rules or regulations relating to any goods or container(s) therefor. In no event shall Pacer Global LLC be liable for incidental, consequential or other damages from alleged negligence, breach of warranty, strict liability or any other theory, whether arising from the use or handling of the goods or however and whenever otherwise caused, including, without limitation, loss of sales, revenue or profit. The sole liability, if any, of Pacer Global LLC for any claims arising out of the manufacture, use or sale of its goods shall be for the return of Customer’s purchase price. In accepting the goods described herein, Customer shall be deemed to have declared itself familiar with the nature, hazards and use of the goods and their containers and shall assume all liability resulting from or in any way connected with the unloading, discharge, storage, handling, possession, use and disposal of any goods or container(s) therefor including, without limitation, the use of such goods or container(s) alone or in combination with other substances, except to the extent that such liability results from Pacer Global LLC’s gross negligence or willful misconduct.
Indemnification: Customer shall defend, indemnify and hold Pacer Global LLC and its officers, directors, employees and agents harmless from and against any and all claims, actions, liability, expenses, costs (including, without limitation, reasonable attorneys’ fees), or losses arising from (i) Customer’s improper use or handling of the goods; (ii) Customer’s combination or use of the goods with third party goods or products; (iii) misuse of any goods by an end user; (iv) the acts or omissions of Customer hereunder; and (v) any breach by Customer of its obligations hereunder. This Section shall survive termination of this Agreement.