The following are the terms (“Terms”) of a legal agreement between you and Streck, Inc. (“Streck”). By accessing, browsing and/or using this website (“Site”) in Streck’s family of sites, you acknowledge that you have read, understand and agree to be bound by these Terms.
Restrictions on use of site
The information, documents and related graphics published on this Site (the “Information”) are the sole property of Streck. Permission to use the Information is granted, provided that (1) the above copyright notice appears on all copies, (2) use of the Information is for informational and non-commercial or personal use only, (3) the Information is not modified in any way, and (4) no graphics available from this Site are used separate from accompanying text.
All product names are trademarks owned by or licensed to Streck. No use of any Streck trademarks, trade names, trade dress and products in this Site may be made without the prior written authorization of Streck, except to identify the product or services of the company. All third party trademarks referenced by Streck remain the property of the respective owners.
The products, technology and/or processes described in this Site may be the subject of intellectual property rights reserved by Streck or other third parties. Nothing contained herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of or to any intellectual property right of Streck or third party.
Each user assumes full responsibility and all risks arising from use of this Site. The Information is presented “AS IS” and may include technical inaccuracies or typographical errors. Streck reserves the right to make additions, deletions, or modifications to the Information at any time without any prior notification.
Streck makes no representations or warranties of any kind or nature with respect to the Information. Streck hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall Streck be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of this Site and/or the Information, regardless of whether Streck has been advised as to the possibility of such damages.
No confidential relationship shall be established in the event that any user of this Site should make any oral, written of electronic response to Streck (such as feedback, questions, comments, suggestions, ideas, etc.). Such response and any information submitted therewith shall be considered non-confidential, and Streck shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Streck is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary rights.
Unless otherwise noted, product names, descriptions and labeling are of U.S. origin. Products may not be available in all countries or may be available under a different name or for different indications. Streck is not engaged in rendering medical advice or services.
Last modified: 06/19/2020
Streck, Inc. (“We” or “Streck”) respects your privacy and is committed to protecting it. This Privacy Notice (this “Notice”) describes the types of information we may collect from you or that you may provide when you visit the website(s) on which this Notice is posted (each a “Website” and, collectively, the “Platform”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Notice applies to information we collect:
- On the Platform.
- In email, text, and other electronic messages between you and Streck.
- When you interact with our advertising and applications on third-party websites and services.
- From our distributors or customers.
Children Under the Age of 18
Our Platform is not intended for children under 18 years of age. No one under age 18 is authorized to provide any Personal Information using the Platform, and no one over the age of 18 is authorized to provide any Personal Information about a child under the age of 18 except as provided under Californian Personal Information Sales Opt-Out and Opt-In Rights below. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use this Platform. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you have reason to believe that we might have any information from or about a child under 18, please contact us as described under Contact Information below.
Information We Collect About You
We collect several types of information from and about users of our Platform, including information:
- by which you may be personally identified, such as name, mailing address, e-mail address, payment information, or telephone number (“Personal Information”);
- about your internet connection, the equipment you use to access our Platform, and usage details (“Device Information”); or
- that is about you but does not independently identify you, such as your pseudonymized purchase or browsing history, or that is not attributable to any individual user (“Other Information”).
Information You Provide to Us
The information we collect on or through our Platform may include:
- Information that you provide by filling in forms on our Platform. This includes information provided when you subscribe to our mailing lists. We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with our Platform.
- Records and copies of your correspondence (including email addresses, phone numbers, and other contact information), if you contact us.
- Any responses to surveys that we ask you to complete for research purposes.
- Details of transactions between you and Streck or any of our affiliates, subsidiaries, or distributors. This information may include financial information, shipping addresses, your name, and other Personal Information.
- Your search queries on the Platform.
- Information that you disclose to any chat bot on our Platform.
Information We Collect Automatically
As you navigate through and interact with our Platform, we may use automatic data collection technologies to collect Device Information and Other Information, such as:
- Details about your visits to our Platform, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Platform.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services.
The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information that we collect in other ways or receive from third parties. We use those data to more effectively market our products and services, to improve our Platform, and ultimately to deliver a better, more personalized service to our customers and distributors. For example, these data allow us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Platform according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Platform.
Information We Collect Through Cookies
We use the following types of cookies on our Platform to collect Personal, Device, and Other Information:
- Strictly Necessary Cookies. These cookies are essential in order to facilitate certain functionality on the Platform, such as logging into login-only areas.
- Non-Necessary Cookies.
- Performance Cookies. These cookies help us improve the Platform by collecting information about your usage of the website.
- Preference Cookies. These cookies “remember” preferences that you set as you use the Platform in order to deliver a customized experience during any subsequent visits.
- Marketing Cookies. These cookies are used to improve the relevance of advertisements that we deliver to you.
For more information about cookies, and how to disable cookies, you may visit http://www.allaboutcookies.org. Please note that this link is provided for your convenience only and is neither monitored nor updated.
Information We Collect Through Other Automatic Data Collection Technologies
Other technologies we use for this automatic data collection may include:
- Log Files. These files record actions that occur when users access our Platform, which may include your IP address, browser type, Internet service provider, referring or exit pages, and date and time information.
- Web Beacons. Our Platform pages or e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, or single-pixel gifs) that permit Streck to count users who have accessed those resources, and perform other related statistical functions such as measuring the popularity of certain website content, verifying system and server integrity, or measuring trends in user behavior by geographical origin.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information:
- To present our Platform and its contents to you;
- To provide you with information, products, or services that you request from us;
- To fulfill any orders you place through the site;
- To fulfill any other purpose for which you provide it;
- To screen our orders for potential risk or fraud;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To communicate with you about changes to our Platform, or about any of the products or services we offer or provide though it;
- To allow you to participate in interactive features on our Platform;
- In any other way we may describe when you provide the information; or
- For any other purpose with your consent.
We or our distributors may also use your information to contact you about our own or third-parties’ goods and services that may be of interest to you with your consent. For more information, see Choices About Your Information below.
Disclosure of Your Information
We may disclose Other Information to any party for any purpose or no purpose, except as may be prohibited by applicable law.
We may disclose Personal Information or Device Information:
- To our subsidiaries and affiliates.
- To distributors, contractors, service providers, and other third parties that we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Streck’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Streck about our Platform users is among the assets transferred.
- To an agency, court, or other governmental entity of competent jurisdiction.
We may disclose your Personal Information or Device Information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes.
- To protect the rights, property, or safety of Streck, our customers, our affiliates, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- To improve or facilitate our Platform’s functionalities.
- To fulfill a transaction between you and Streck or any of its affiliates, subsidiaries, or distributors.
- To fulfill any other purpose for which you provide it.
- To fulfill any other purpose disclosed by us when you provide the information.
- With your consent, which you may freely revoke at any time as described herein.
Choices About Your Information
We strive to provide you with choices regarding the Personal Information and Device Information you provide to us.
- Promotional Offers from Streck. If you do not wish to have your contact information used by Streck to promote our own or third parties’ products or services, you can opt-out by contacting us as provided under Contact Information below. If we have sent you a promotional email, you may request to be omitted from future emails by sending us a return email or pressing the button provided. This opt out will not apply to information provided to Streck as a result of a product purchase, warranty registration, product service experience or other transactions.
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting us as provided under Contact Information below.
- Third-Party Tracking Technologies and Advertising. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. We do not control third parties’ collection or use of your information to serve interest-based advertising, but certain third parties may provide you with ways to choose not to have your information collected or used in this way. For example, you may be able to opt out of receiving targeted ads at the following links.
- Some of these advertisers adhere to one or more of the following targeted advertising frameworks. Opting out of targeted advertising using these frameworks will inform the advertisers that adhere to them that you do not wish to be tracked.
Please note that these links are provided for your convenience only; we do not monitor or update them and do not represent or warrant that these advertisers will respond to your request in any particular manner.
Personal Information Requests
You may contact us as provided under Contact Information below to request that we allow access to, restrict our processing of, cease to process, transfer to a third party, correct, or delete any or all of your Personal Information. We may choose not to accommodate your request if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or affect the integrity of other data in our systems.
We have implemented industry-standard technical and organizational measures designed to safeguard the confidentiality, integrity, and availability of your Personal Information in conjunction with this Platform and across our enterprise. Unfortunately, the transmission of information via the Internet is never completely secure, and we cannot guarantee the security of your Personal Information transmitted in this way. We are not responsible for the circumvention of any privacy settings or security measures contained on the Platform by any third party unless the circumvention was the result of our gross negligence or willful misconduct.
We store your Personal Information for no longer than is necessary in order to fulfill the purpose for which we collected it, manage our relationship with you, comply with our own backup policies, or comply with applicable law.
Email: [email protected]
7002 S. 109th Street
La Vista, NE 68128, United States
European Privacy Rights
Some of Streck’s affiliates, subsidiaries, or distributors are located in the European Economic Area (“EEA”). Streck may process personal data within the meaning of the General Data Protection Regulation (“GDPR”) in connection with this Platform or with these affiliates, subsidiaries, or distributors. Each of those entities is responsible for its own compliance with GDPR. To the extent that Streck exports data from the EEA to the United States, it will do so pursuant to the Standard Contractual Clauses promulgated by the European Commission.
The lawful basis for which Streck processes your information may vary depending on the context, but is normally one of the following:
- Your consent (which may be withdrawn at any time).
- Our performance of a contract to which you are a party.
- Our compliance with a legal obligation.
- Our legitimate interests in operating the Platform and our business, except where such interests are overridden by your interests, rights, or freedoms under applicable law.
If you are a resident within the EEA, you may have a right to complain to your supervisory authority with respect to Streck’s processing of your personal data. Contact information for each supervisory authority is available from the European Commission here. Please note that this link is provided for your convenience only and may not be up to date.
California Privacy Rights
This Section applies solely to users of the Platform who reside in the State of California (“Californians”), and is adopted pursuant to the California Consumer Privacy Act (“CCPA”).
Information We Collect
The Platform has collected, disclosed for a business purpose, and sold the following categories of Personal Information, Device Information, and Other Information from its Californians, within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a Californian’s interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other Personal Information.
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Californians’ Rights and Choices
You have the right to request that Streck disclose certain information to you about our collection and use of your information over the past 12 months. Once we receive and confirm your verifiable request (see Exercising Californian Access, Data Portability, and Deletion Rights), we will disclose to you any of the following data that were designated in the verifiable request:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling any Personal Information.
- The categories of third parties with whom we share Personal Information.
- The specific pieces of Personal Information we collected about you.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Californians’ Deletion Request Rights
You have the right to request that Streck delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another Californian to exercise their free speech rights, or exercise another right provided for by applicable law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that we reasonably believe would be aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Californian Access, Data Portability, and Deletion Rights
To exercise the Californian access, data portability, and deletion rights described above, please submit a verifiable request to us as described under Contact Information above. Only a Californian, or a person registered with the California Secretary of State that a Californian has authorized to act on his or her behalf, may make a verifiable request related to his or her Personal Information. Parents of Californians may also make a verifiable request on behalf of their minor Californian child.
You may only make a verifiable request for access or data portability twice within a 12-month period. The verifiable request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable request does not require you to create an account with us. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.
Verifiable Request Response Timing and Format
We endeavor to respond to a verifiable request within 45 days of its receipt. If we require more time (up to either 45 or 90 days, depending on complexity), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Californian Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your Personal Information at any time. We do not sell the Personal Information of Californians we actually know are less than 16 years of age, unless we receive affirmative authorization from either the Californian who is between 13 and 16 years of age, or the parent or guardian of a Californian less than 13 years of age. Californians who are opted into Personal Information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:
If you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. You may opt back in to Personal Information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us as provided under Contact Information above.
Terms and Conditions of Purchase Order
1. DEFINITIONS: (1) “Seller” means a person or organization with whom Streck, Inc., (Streck) has contracted for the purchase of material, equipment, items or services (hereinafter “items”) and (2) “Buyer” means Streck, its subsidiaries and affiliates.
2. ACCEPTANCE: Unless otherwise noted on this purchase order, this purchase order is deemed to be “accepted” by (1) written acknowledgment of this order confirming prices and delivery or (2) shipment of any part of the items ordered by Buyer. By accepting this order, Seller agrees to all of the terms and conditions (hereinafter “terms”) hereof. These terms can be varied only by a writing signed by Buyer.
3. INCORPORATION INTO AGREEMENTS: This purchase order is limited to the terms and conditions specified on the face of this purchase order, this document, any attachments, and any written agreement between Seller and Buyer. In the event of any conflict between the terms of this purchase order and terms of any such written agreement, the terms of the written agreement between Seller and Buyer shall govern and control. Any other statement or writing of Seller shall not alter, add to, or otherwise affect these terms.
4. PRICE: Buyer shall not be billed at prices higher than stated on this order unless authorized by a Purchase Order Change Notice issued and signed by Buyer. Seller represents the price charged for the items covered by this order is the lowest price charged by the Seller to buyers of class similar to Buyer under conditions similar to those specified in this order and that prices comply with applicable government regulations in effect at the time of quotation, sale or delivery. Seller agrees that any price reduction made to others within such class in items covered by this order subsequent f this order will be applicable to this order. Except as may be otherwise provided, this contract price includes all applicable direct, federal, state and local taxes in effect on the contract date. The cash discount period available to Buyer shall commence on the date of receipt of the merchandise or on the date of the receipt of the invoice, whichever maybe later.
5. WARRANTY: Seller represents and warrants that all items it manufactures for Buyer shall meet all product specifications; be of good and merchantable quality and fit for their intended use during their dating period, and have been manufactured and sold in compliance with all applicable state and federal laws.
6. CHANGES: Additions, deletions, or changes to any order except by the authorized Buyer are not acceptable and are provided at Seller’s risk and may be returned at Seller’s expense.
7. PACKING AND SHIPPING: All items furnished by Seller shall be packaged in containers that conform to all shipping regulations. No items shall be repackaged from original containers or relabeled or contain any effacement reducing its value without the Buyer’s express written consent; and Seller shall indemnify and hold Buyer harmless from any and all damages or claims resulting from any such actions with or without Buyer’s consent. Seller shall present to Buyer a packing slip with proper certification (if applicable) upon delivery of items. Information to be contained on these documents shall include, but is not limited to, date of shipment, description of items, quantities shipped, purchase order number, item number and Buyer part number (if applicable). Buyer reserves the right to require a performance bond from Seller at no additional cost to Buyer. Seller also agrees to and shall provide required Material Safety Data Sheets as required by federal, state or local law and Certificates of Analysis for all chemical items.
8. SHIPMENT OR DELIVERY: Seller shall furnish only those brands specified in its proposal or in subsequent contract addenda and shall not be allowed to furnish alternate or substitute brands to Buyer without receiving prior written approval of buyer. All risk of damage to, or loss of, items shall be assumed by Seller until deliveries are made to, and accepted by, Buyer. Seller shall, on or before delivery of such items, furnish to Buyer a certificate of insurance evidencing contractual liability and product liability coverage with minimum limits of $1,000,000. The insurance shall not be canceled or changed without providing Buyer with 30 days prior written notice.
9. REJECTION: In the event of Seller’s failure to deliver as and when and where specified, Buyer reserves the right to cancel this order or any part thereof without prejudice to its other rights, and seller agrees that Buyer may return part or all of any shipment so made and may charge Seller with any loss or expense sustained as a result of such failure to deliver.
10. TERMINATION: Buyer reserves the right to cancel any purchase order by giving 30 days written notice. Buyer may cancel this order at any time by giving written notice if Seller and/or Seller’s representatives or agents do not comply with the terms of this purchase order and may return items after notice of cancellation at Seller’s expense.
11. INDEMNITY: Seller agrees to and shall indemnify and hold Buyer harmless from any and all claims, actions, costs, expenses and damages, including attorney’s fees and expenses arising out of: (1) any actual or alleged, patent, trademark or copyright infringement in the use, sale, advertising or packaging of the items; (2) any breach of the warranties or guarantees set forth in this Guaranty; (3) the sale or use of items where such liability results from the act or omission of Seller (whether for breach of warranty, strict liability in tort, negligence or otherwise). Seller’s obligation to indemnify shall not be limited by the amount of insurance coverage provided for in paragraph 7 hereof.
12. CONFIDENTIALITY: Seller shall keep confidential all designs, processes, drawings, specifications, reports, data and other technical or proprietary information furnished or disclosed to the Seller by Buyer in connection with this purchase order. Seller shall use such information, and the features thereof, only in the performance of this purchase order.
13. EQUAL EMPLOYMENT OPPORTUNITY: Buyer and Seller shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualifi ed individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability.
14. GENERAL: Seller agrees not to use the name of Buyer or to quote the opinion of Buyer employees in any advertising without Buyer’s prior written consent. The obligations and rights of this purchase order may not be assigned without prior written consent of both parties. Buyer may at any time insist upon strict compliance with these terms notwithstanding any previous custom, practice, or course of dealing to the contrary. This order shall be construed, interpreted and applied in accordance with the laws of the State of Nebraska.
Terms and Conditions of Sale
1. Conditions. If you have signed a formal written agreement between you and Streck, Inc. (“STRECK”) or are in possession of a STRECK extended warranty agreement, those agreements shall govern your purchases. In the absence of such agreements, these Terms and Conditions (“Conditions”) apply to your purchase.
2. General. STRECK is delivering these goods and products (“Products”) and/or performing services (“Services”) subject to these Conditions. Buyer will be deemed to have assented to these Conditions upon Buyer’s placement of order or acceptance of a Product price quote. Notwithstanding the above, failure of STRECK to object to provisions contained in any purchase order or other form or document from Buyer shall not be construed as a waiver of these Conditions nor an acceptance of any such provision.
3. Buyer’s Use Only/No Resale. The purchase of Products only conveys to Buyer the non-transferable right for only the Buyer to use the quantity of Products and components of Products purchased in compliance with the applicable intended use statement, limited use statement or limited label license, if any, in STRECK catalogs or on the label or other documentation accompanying the Products (all such statements or licenses being incorporated herein by reference as if set forth herein in their entirety). Buyer has no right to resell the Products, or any portion of them to a third party outside Buyer’s corporate organization, and any such purchase by a reseller for the purpose of resale is strictly prohibited unless STRECK first accepts and approves a purchase order and acknowledges in writing that the Products may be resold by Buyer and the terms of such resale.
4. Prices/Taxes. All prices are quoted for delivery to Buyer when goods are loaded on the carrier at STRECK’s premises in La Vista, Nebraska, USA exclusive of shipping, insurance and installation charges, all of which are Buyer’s sole responsibility. All prices are exclusive of all sales, use, excise, value added, withholding and other taxes, all customs, duties, documentation charges, and freights forwarder charges and charge of any nature now or hereafter claimed or imposed by any governmental authority upon the sale of the Products or performance of the Services. Any such charges will be added to the product invoice or subsequently invoiced to the Buyer. In the event STRECK is required to pay any such tax, duty or charge, Buyer will promptly reimburse STRECK.
5. Payment Terms. All payments shall be made in immediately available U.S. Dollars net thirty (30) days from the date of invoice for qualified accounts, without set-off, deduction or withholding of any kind, unless otherwise stated by STRECK in writing and may be paid by check (drawn on a U.S. bank), wire transfer or major credit card. Any amounts not paid when due will accrue interest at the rate of 10% per annum, or the maximum amount allowed by law, if lower. In the event that any payment is more than thirty (30) days late, STRECK shall have the right to suspend doing business with Buyer until all past due balances are made current.
6. Return Policy. Any claim for credit or return of Products, excluding instruments, must be made within ten (10) days of shipment of the Product. No credit will be issued or Product returned without the authorization of STRECK. All Products that are approved for return will be assessed a 15% restocking fee. Any claim for credit or return of instruments for any reason must be made within 30 days of receipt of the instrument. Returns executed within 30 days of receipt will result in an automatic reassignment of the instrument title back to STRECK. The Buyer will be responsible for return freight charges on all Buyer-initiated instrument returns. All instruments approved for return will be subject to a $100 return fee.
The Buyer must repackage the instrument(s) in its original packaging to ensure that the components do not shift during shipment. Repackaging instructions are available in the Resources section on the specific instrument page.
The Buyer must contact their STRECK Sales Representative to obtain a return authorization number, which must be clearly marked on the outside of the package.
7. Delays In Performance. STRECK shall not be liable for any delay in performance hereunder due to unforeseen circumstances or due to circumstances beyond its control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, delays in customs clearance and delays in delivery or inability to deliver by STRECK suppliers.
8. Shipment and Packing. All Product prices exclude costs of shipping and handling and insurance, in accordance with delivery terms designated by STRECK. Unless otherwise agreed in writing, such costs will be paid by the Buyer and will appear as a separate item on STRECK invoice. STRECK shall ship in accordance with STRECK standard practices. STRECK shall choose the common carrier and the method of shipment. Unless otherwise agreed to in writing by STRECK, all Products shall be packaged, if appropriate, for shipment and storage in accordance with standard commercial practices. All packing shall conform to carrier requirements.
9. Title/Risk of Loss. Unless otherwise specified, STRECK title to the Products and the risk of loss of or damage to the Products ordered by the Buyer will pass to Buyer at time of STRECK delivery of Products to the carrier. The carrier shall be deemed Buyer’s agent, and any claims for damages in shipment must be filed with the carrier. STRECK is authorized to designate a carrier pursuant to STRECK standard shipping practices unless otherwise specified in writing by Buyer.
10. Intellectual Property Rights. Title to and ownership of the documentation, and any improved, updated, modified or additional parts thereof, and all copyright, patent, trade secret, trademark and other intellectual property rights embodied in the Products, shall at all times remain the property of STRECK or STRECK licensors. Buyer shall not reverse engineer, chemically analyze or perform any other evaluation of the Products.
11. Acceptance. All sales are final and all Products shall automatically be deemed accepted upon delivery to Buyer when goods are loaded on the carrier at the STRECK premises in La Vista, Nebraska, USA. Failure to provide written notice to STRECK of any shortages, defects, or damages relating to the Products within ten (10) days after receipt shall conclusively deem that the Products conform to the terms set forth in these Conditions. Buyer may not return any Products to STRECK except as provided for by STRECK warranty or as provided herein.
12. Product Warranties. STRECK warrants that Products will meet STRECK’s specification upon delivery, and for instruments only, also for a period of twelve (12) months from the date of shipment of any instrument, unless prolonged by a STRECK extended warranty. Instruments sold hereunder will be free from material defects in materials and workmanship. This limited warranty extends only to Buyer as original purchaser unless otherwise agreed upon in writing by STRECK.
EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, STRECK MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY SERVICES, PRODUCTS OR OTHER PRODUCTS PROVIDED IN CONNECTION WITH THESE CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.
STRECK SPECIFICALLY DISCLAIMS ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE OR LOST PROFITS) WHICH MAY RESULT FROM THE USE OF PRODUCTS OR SERVICES PURCHASED HEREUNDER, AS FURTHER SET FORTH IN SECTION 13 OF THESE CONDITIONS.
Notwithstanding anything herein to the contrary, STRECK makes no warranty with respect to any third party products provided under these Conditions. Buyer’s sole remedy with respect to such third party products shall be pursuant to the original manufacturer’s or licensor’s warranty, if any, to Buyer, to the extent permitted by the original manufacturer or licensor.
13. Limitation of Liability. IN NO EVENT SHALL STRECK, ITS LICENSORS OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS OR THESE CONDITIONS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE). STRECK TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED BY BUYER OR SERVICES PERFORMED BY STRECK ON BEHALF OF BUYER HEREUNDER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY BUYER FOR SUCH PRODUCTS OR SERVICES.
14. Severability. Any provision of these Conditions that in any way contravenes the law of any state or country in which these Conditions are effective shall, in that state or country, to the extent the law is contravened, be considered separable and non-applicable and shall not affect any other provision or provisions of these Conditions. Parties shall cooperate to mitigate the effects of any such contravening clause/term.
15. Export Control. Buyer acknowledges and agrees that the Products purchased under these Conditions or Services performed by STRECK may be subject to restrictions and controls imposed by the United States Government and the regulations thereunder. BUYER WARRANTS THAT IT WILL NOT EXPORT OR RE-EXPORT ANY PRODUCTS PURCHASED WITHOUT PRIOR WRITTEN NOTIFICATION AND APPROVAL OF STRECK.
16. Assignment. Buyer shall not assign or transfer these Conditions or any rights or obligations under these Conditions, whether voluntary or by operation of law, without the prior written consent of STRECK. STRECK may assign or transfer these Conditions to any successor by way of merger, acquisition or sale of all or substantially all of the assets relating to these Conditions. Any assignment or transfer of these Conditions made in contravention of the terms hereof shall be null and void. Subject to the foregoing, these Conditions shall be binding on and inure to the benefit of the parties’ respective successors and permitted assigns.
17. Entire Agreement. These Conditions take precedence over Buyer’s additional or different terms and conditions, to which notice of objection is hereby given. Acceptance by Buyer is limited to STRECK Conditions. Neither STRECK commencement of performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions. These Conditions supersede all prior communications, transactions, and understandings, whether oral or written, and constitute the sole and entire agreement between the parties pertaining to the referenced quotation or purchase order, provided that: (1) these Conditions shall not, without STRECK prior written consent, supersede any conflicting terms of: (a) prior written agreements duly executed by STRECK, or (b) governmental purchase orders, terms of purchase, requests for quotation or acquisition regulations relative to governmental purchasers; and (2) to the extent not in conflict with any such prior or governmental terms, these Conditions shall supplement them. No modification, addition or deletion, or waiver of any of the terms and conditions of these Conditions shall be binding on either party unless made in a non-preprinted agreement clearly understood by both parties to be a modification or waiver, and signed by a duly authorized representative of each party.
18. Force Majeure. Shipping/delivery dates are approximate and may be delayed absent prompt receipt from Buyer of all necessary information. STRECK shall not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to Acts of God, government actions, war, civil disturbance, insurrection, sabotage, labor shortages or disputes, failure or delay in delivery by STRECK suppliers or subcontractors, transportation difficulties, customs clearance, shortage of energy, raw materials or equipment, or Buyer’s fault or negligence. In the event of any such delay the date of delivery shall, at the request of STRECK, be deferred for a period equal to the time lost by reason of the delay.
19. Governing Law and Venue. These Conditions and performance by the parties hereunder shall be governed by and construed in accordance with the laws of the State of Nebraska. Each party consents exclusively to subject matter and in personam jurisdiction and venue in the United States, District Court of Nebraska or in a state court of competent jurisdiction in Sarpy County, Nebraska, and agrees not to plead or claim in such court that any such lawsuit or action has been brought in an inconvenient forum.