The following are the terms (“Terms”) of a legal agreement between you and Streck LLC (“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: 04/04/2023
Streck LLC (“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 anonymized 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. Streck will only use your contact information to promote our own or third parties’ products or services with your consent. If later 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. Streck will only disclose information for third-party advertising with your consent. If you later 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 (“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.
GDPR Rights and Requests
The GDPR provides EU residents with rights regarding our use of their information. If you are an EU resident, you have right to:
- Confirm whether we process your Personal Data
- Request access to the Personal Data we processed about you regarding the purpose of the processing, the categories of Personal Data, the recipient of Personal Data, our retention period and criteria (whenever possible), the third-party source of your Personal Data if not directly collect from you, and if there is an automated decision making with respect to your Personal Data
- Request us to give your Personal Data in a structured, commonly used and machine-readable format
- Object to our processing of your data in the case that processing is carried for legitimate interest.
- Request us to rectify any inaccurate Personal Data of you
- If applicable, request us to delete your Personal Data or restrict our processing of your Personal Data
As an EU resident, You can submit a request to [email protected]. In order to respond to your request, we will need to collect additional personal information from you in order to verify your identity and residency. The Personal Data that we use to verify your identity and residency will not be used for any other purpose. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. 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. You may also make a verifiable consumer request on behalf of your minor child, but please note that we do not have actual knowledge that we collect, disclose, or sell information regarding any minor under the age of thirteen. Your request must include sufficient detail to allow us to properly understand, evaluate, and respond to it.
Deny Right to be Forgotten (“RTBF”)
We may deny your RTBF request if retaining the information is necessary for us or our service provider(s) for the purpose of:
- for exercising the right of freedom or expression and information
- for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in Streck;
- for public interests in the area of public health,
- for archiving purpose in public interest, scientific or historical, statistical purposes in so far as RTBF is likely to render impossible or seriously impair the achievement of the objectives of that processing
- for establishment, exercise, or defense of legal claims
Complaint to Supervisory Authority
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 of Purchase Order
1. DEFINITIONS: (1) “Seller” means a person or organization with whom Streck LLC, (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 (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 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 of Sale
1. General. Each order for Streck to perform services (“Services”) or supply products is described in an order acknowledgement (“Products”) issued by Streck LLC (“Streck”), and such order is accepted on and subject to only the terms of this agreement and those in the order acknowledgement (“Acceptance”). Unless and until Streck sends an Acceptance, Streck has no obligation to the entity named on the Acceptance (“Buyer”). Buyer may not cancel the order after an Acceptance has been sent. Buyer agrees that all other terms are rejected, and this agreement and the Acceptance are the entire agreement regarding Products (“Agreement”).
2. Confidential. Price, delivery and quantity of Products stated in the Acceptance shall be maintained by the parties in confidence, and are not guaranteed for any other order from Buyer.
3. Buyer’s Use Only/No Resale.Buyer has a personal and non-transferable right to use the quantity of Product as purchased for only those uses stated in the Product’s Instructions for Use, and Buyer agrees not otherwise use the Product. Notwithstanding anything to the contrary, Products: (a) will not be re-sold, transferred or otherwise made available as a stand-alone product, and if Buyer provides Products to any third party, then it will do so solely as an unmodified component in or with Buyer’s branded finished product; (b) will not be reverse engineered, analyzed, altered or evaluated; and (c) that are not used in or with Buyer’s finished product, will be disposed of or recycled solely as agreed upon by the parties, and Buyer will remove all of Streck’s identifiers on Products and ensure Products are not used for any purpose.
4. Prices/Taxes. All prices are exclusive of shipping, insurance and installation charges, sales, use, excise, value added, withholding and other taxes, all customs, duties, documentation, freight forwarder and other charges, of any nature whenever claimed or imposed by any governmental authority on the sale of Products, all of which are Buyer’s sole responsibility and will be added to Product invoice or subsequently invoiced to Buyer, including where Streck incurs on Buyer’s behalf.
5. Payment Terms. All payments shall be made in immediately available U.S. dollars net 30 days from the date of invoice, without set-off, deduction or withholding of any kind, unless otherwise agreed by Streck in writing, and may be paid by check (drawn on a U.S. bank), ACH, or wire transfer. Credit card payments my be accepted but only at the time of shipment. 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 30 days late, Streck shall have the right to suspend doing business with Buyer until all past due balances are made current.
6. Shipment and Packing. Shipping/delivery dates are approximate and may be delayed absent prompt receipt from Buyer of all necessary information. Products are shipped FCA (INCOTERMS 2020) from Streck’s premises in La Vista, Nebraska. Streck shall choose the common carrier and the method of shipment. Unless otherwise agreed to in writing by Streck, Products shall be packaged, if appropriate, for shipment and storage in accordance with standard commercial practices. Packing shall conform to carrier requirements. Buyer shall not reject installment deliveries, and each such installment shall be regarded as full performance for the installment amount. Installments invoiced separately shall each be paid as billed. All sales are final and all Products will automatically be deemed accepted upon delivery to Buyer when Products are loaded on the carrier at the Streck premises in La Vista, Nebraska.
7. Title/Risk of Loss. Unless otherwise specified, Streck title to Products and the risk of loss of or damage to Products ordered by 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. Except as stated in this Section, Streck grants no other right, title or interest in or to its tangible or intangible property, nothing to the contrary will be implied, and all such rights, titles and interests are expressly reserved.
8. Product Warranty & Disclaimer. Streck warrants that Product will meet Streck’s specification for Product upon delivery, and for Products that are instruments only, also for a period of 12 months from the date of shipment of the instrument, unless prolonged by a Streck extended warranty agreement (“Warranty”). The Warranty extends only to Buyer as original purchaser, is non-transferable unless otherwise agreed upon in writing by Streck, and is null and void if Buyer does not evidence that the Products were used solely as described in Product’s Instructions For Use, stored in appropriate storage facilities in accordance with Streck’s recommendations, and in accordance with all applicable laws and regulations. EXCEPT FOR THE WARRANTY SET FORTH IN THIS SECTION, STRECK MAKES NO OTHER AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITH RESPECT TO ANY SERVICES OR PRODUCTS PROVIDED, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE, OR FOR BUYER’S OR THIRD PARTY PRODUCTS OR SERVICES. STRECK WILL HAVE NO LIABILITY FOR BUYER’S USE OF PRODUCTS.
9. Non-Conforming Goods. Failure to provide written notice to Streck of any shortages, defects, or damages relating to Products (excluding instruments) within ten days after receipt will conclusively deem that Products conform to the terms set forth in this Agreement. Any claim for credit or return of Products that are instruments must be made within 30 days of receipt of the instrument and result in an automatic reassignment of the instrument title back to Streck without the need for an additional writing. Buyer will be responsible for return freight charges on all Buyer-initiated instrument returns.
Buyer must repackage the instrument(s) in its original packaging to ensure that the components do not shift during shipment. Repackaging instructions, if any, may be found in the Resources section on the specific instrument page. Buyer may not return and no credit will be issued without the authorization of Streck. Buyer must contact their Streck Sales Representative to obtain a return authorization number, which must be clearly marked on the outside of the package. Products returned will be assessed a 15% restocking fee, and if instruments subject to an additional $100 return fee. Return or replacement, as elected by Streck, are Buyer’s sole and exclusive remedies for Products failing to meet the Warranty.
10. Indemnification & Limitation of Liability. Buyer will indemnify, defend and hold harmless Streck and its officers, directors, employees, independent contractors and agents from and against all liabilities, losses, costs and damages, including attorneys’ fees (“Loss”) arising out of or relating to: (a) use of Products, including product liability regarding products included in or provided with Product, except to the extent of the Loss that is ascribed to Streck’s breach of the Warranty; (b) use of Buyer’s products and/or services, including Products in or with Buyer’s finished products and/or services, including if infringing or being alleged to infringe the intellectual property rights of any third party; and/or (c) Buyer’s breach, negligence, willful malfeasance and/or failure to comply with applicable laws and regulations in connection with this Agreement and/or use of Product. Buyer will carry insurance sufficient to ensure its obligations hereunder. 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, LOSS OF USE, DATA OR BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING THE USE OF PRODUCTS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE). Streck’s TOTAL AND CUMULATIVE LIABILITY ARISING OUT OF OR relating to THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PURCHASE PRICE PAID BY BUYER TO STRECK UNDER THE applicable ACCEPTANCE.
11. Severability. Any provision of this Agreement that is invalid, unenforceable or illegal shall be, where invalid, unenforceable or illegal, separable and non-applicable and shall not affect any other provision. The Parties shall cooperate to mitigate the effects of any such provision.
12. Assignment. Buyer shall not assign or transfer this Agreement or any rights or obligations hereunder, whether voluntary or by operation of law, without the prior written consent of Streck. Streck may assign or transfer this Agreement to any successor by way of merger, acquisition or sale of all or substantially all of the assets relating to this Agreement. Any assignment or transfer in contravention of the terms hereof shall be null and void. This Agreement shall be binding on the parties and their respective successors and assigns and shall inure to the benefit of the parties and their respective successors and permitted assigns.
13. Force Majeure. 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, mobilization, civil disturbance, riots, embargoes, domestic or foreign regulations, laws, orders, fires, floods, strikes, insurrection, sabotage, lockouts or other labor difficulties, failure or delay in delivery by Streck’s suppliers or subcontractors, transportation difficulties, customs clearance, shortage of energy, raw materials or equipment, shortages of or inability to obtain materials, shipping space or transportation, pandemics, including any associated recommended health measures, whether related to COVID-19 or another pandemic, and/or Buyer’s actions or inactions. 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.
14. Governing Law and Venue. This Agreement and performance by the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware. Each party consents exclusively to subject matter and in personal jurisdiction and venue in the United States, District Court of Delaware or in a state court of competent jurisdiction in New Castle County, Delaware, and agrees not to plead or claim in such court that any such lawsuit or action has been brought in an inconvenient forum. In an action to enforce the terms of this Agreement the prevailing party(ies) is entitled to seek reimbursement of its reasonable attorneys’ fees.
15. Entire Agreement. This Agreement takes precedence over and supersedes Buyer’s terms, to which notice of objection and rejection is hereby given. This Agreement is the entire agreement of the parties pertaining to the subject matter of the Acceptance and supersedes all prior communications, transactions, and understandings, whether oral or written regarding such subject matter. Nothing in this Agreement affects or amends any other signed written agreement of the parties. No modification, addition or deletion, or waiver of any of the terms of this Agreement shall be binding on either party unless made in a signed writing by a duly authorized representative of each party. The delay or failure to assert a right or to insist upon compliance with any term of this Agreement shall not constitute a waiver, or excuse a similar or subsequent failure to perform any such term.