Terms and Conditions
ATTENTION: PLEASE READ THESE TERMS & CONDITIONS (“TERMS”) CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE. SUBMITTING AN ORDER INDICATES THAT YOU ACCEPT THESE TERMS & CONDITIONS.
- These outlined conditions regarding sale and delivery from Ocean Nanotech, LLC (“Ocean Nanotech”), apply to all contracts of supply between Ocean Nanotech and our customers.
- The Customer is deemed to agree to these terms and conditions of sale and delivery upon placing an order.
- Any rights awarded to the Customer arising during the course of business with Ocean Nanotech are not transferable.
- Any amendment to the conditions of sale and delivery, or any recognition of the Customer’s conflicting purchase conditions must be confirmed in writing by Ocean Nanotech.
- Ocean Nanotech’ prices are subject to change without prior notice. Please call, fax, or e-mail to confirm current pricing with Ocean Nanotech.
- All shipping and handling charges will be reflected on the invoice upon the delivery of product. Shipping and handling charges will vary according to the weight of the package and the shipping options. Please contact Ocean Nanotech directly for current shipping and handling prices.
- Ocean Nanotech’ prices quoted in the catalog are net prices; sales tax will be included where applicable. All shipments to California destinations are subject to California State sales tax unless Ocean Nanotech has a resale certificate on file.
Delivery, Title and Ordering
- Once you have placed your order, any change(s) to your order(s) may be made only with advance approval of Ocean Nanotech and such changes may require different terms, including a change in the price and/or time of delivery.
- We will try to meet the delivery dates specified in your order, depending on availability and any lead times that may apply. Sometimes we deliver orders in installments. If we do, we may send you a separate invoice for each delivery.
- All our products are sold FOB our facility. Products are delivered when we load them onto the commercial carrier at our facility. At this point you become responsible for risk of loss and damage. If any product is lost or damaged while it is being transported, we will try to help you deal with the issue with the carrier. We do not clear products for import into your country. Doing so is your responsibility. Title to products will pass to you upon our delivery of the products to the carrier.
- All direct international orders are subject to the same Terms & Conditions that are outlined in Ocean Nanotech basic policy except for the following:
- i. Direct international orders must be pre-paid. Customers can pre-pay via bank wire transfer or credit card (Visa, MC, AMEX).
- ii. Customer is responsible for filing any claims with the courier.
- For established customers, payments must be made within 30 days of delivery.
- Invoices not paid within the designated terms are subject to a 10% late fee of the initial balance and a 1.5% per month (18% annum) interest fee.
- Failure to make payment within 120 days will result in credit-hold, and may result in legal and collection proceedings upon expiration of the payment period without further warning.
- Ocean Nanotech accepts only US currency in the form of company checks, cashier checks, money orders, AMEX, VISA or MasterCard payments. All funds must be withdrawable from a US bank account; foreign bank accounts and foreign currency will not be accepted as appropriate payment. Please make checks payable to Ocean Nanotech.
- For all other customers (including International), prepayment via wire fund, credit card (VISA, MasterCard or American Express), or a check in US dollars is required.
- If Ocean Nanotech’ conditions of payment are not met, or if “justifiable concerns” exist with regard to the Customer’s ability or willingness to pay, Ocean Nanotech is entitled to deem any contract with the Customer null and void and demand the return of the delivered goods in the condition in which they were shipped. The cost of this return of delivery will be the responsibility of the Customer. In addition, all outstanding claims the Customer may have with Ocean Nanotech will become due.
"Justifiable concerns" referred to the above include, but are not restricted to: initiation of insolvency or bankruptcy proceedings, deterioration of financial circumstances, and default of payment for any other reason.
Product Use and Restrictions:
You must use our products in accordance with our instructions. You are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies. You must obtain all necessary approvals and permissions you may need. It is solely your responsibility to make sure the products are suitable for your particular use.
- The Customer agrees that Ocean Nanotech liability, if any, for damages (including liability, arising from physical or mental harm, caused by any product liability, arising out of contract, negligence, strict liability or tort) shall not exceed the cost of the product, which the Customer purchased from Ocean Nanotech.
- The Customer agrees to indemnify and to hold harmless, Ocean Nanotech and all other parties involved, including their owners, officers, affiliates, associates, and employees for any and all damages incurred as a result of the products used. These parties shall not be liable under any circumstances.
- By ordering any products from Ocean Nanotech, the Customer acknowledges the above terms, conditions, and disclaimers, included but not limited to the above disclaimers and any additional warnings and cautions. The Customer agrees to carefully abide by these terms, conditions, and disclaimers.
- Delivery dates and times are estimates only and we will not be liable (in contract, delist, tort or otherwise) for any losses, expenses, claims or damages caused by a late delivery.
- Unless a different written warranty is included with product literature, we warrant that each consumable will meet its specifications stated in our published catalogs and associated Supplementary Terms. This warranty lasts from the time we deliver the consumable until either the consumable’s expiry or “use by” date or its specified number of uses. If we do not specify the expiry date or number of uses, the warranty will last for 12 months from the date we deliver the consumable.
- Ocean Nanotech shall not be liable for any damages or injuries to persons or property arising from the use of its products. Ocean Nanotech is not liable for a product that has been misused or has been rendered unusable due to improper storage or handling.
- Ocean Nanotech products are not permitted for re-sale without written authorization from Ocean Nanotech.
- When you ask us to manufacture a custom product, we may decline the design or manufacture of such custom product, at any stage of the design or manufacture process, if the custom product is unsuitable or commercially impractical to be synthesized in that way. If that is the case, we will notify you as soon as possible and you will not be obligated to pay any fees for any expenses incurred by us in connection with a declined product.
- By submitting an order for a custom product you represent and agree that you have provided us with all information that you are aware of regarding any biological, radiological and chemical hazards associated with the handling, transport, exposure or other usage of the materials you supply to us.
Catalog products may not be returned for credit without the express prior written authorization of Ocean Nanotech. A Restocking Fee will be applied to returns in which the purchaser is at fault. A Restocking Fee of $50 or 15% of the purchase price will be applied, whichever is greater. For product returns to be considered, customer must certify that product was maintained under recommended storage conditions while in its possession, and will be packaged and delivered back to Ocean Nanotech according to the same conditions as the original shipment. Final acceptance of returned product is at the sole discretion of Ocean Nanotech. No returns will be accepted for custom product orders. No return will be accepted without a written return-authorization number issued by Ocean Nanotech.
This Web site may contain typographical errors or inaccuracies and may not be complete or current. Oceannanotech.com therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
The Contract and performance under it will be governed by the laws of the State of California, USA, without regard to provision on the conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Contract.