The following are the terms (“Terms”) of a legal agreement between you and Streck, Inc. (“Streck”). By accessing, browsing and/or using this Web site (“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.
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.
Policy current as of September 23, 2004.
At Streck, we are committed to protecting your privacy and safeguarding your personal information. Our privacy statement addresses the type of information we collect on our Web site and the measures we take to secure that information.
The information we collect includes IP (Internet protocol) address, browser type, operating system, ISP (Internet Service Provider), time stamps, and other similar types of data. We use the information collected to track and analyze usage and volume statistics, including page requests and form requests. This information may also be used to provide technical support or improve the services we provide to customers.
We may also collect personal data provided as part of an order for products or services, or through registration or completion of forms or e-mails.
Any information you provide will be used for authorized purposes only. We will not sell or otherwise provide this information to third parties without your consent, unless we are legally required to do so.
We have taken steps to protect your personal information, including the use of SSL (Secure Socket Layer) technology. We use firewalls, passwords and other measures to prevent unauthorized access to our databases. No security system is absolutely impenetrable; therefore, we are continually reviewing, refining and upgrading our security procedures.
By accessing, browsing and/or using this Web site, you acknowledge that you have read, understand, and agree to be bound by the terms outlined in our Legal Statement and this Privacy Statement.
Streck reserves the right to change its Privacy Statement at any time. In the event of a change, a revised Privacy Statement will be posted on our Web site.
If you have questions regarding this Privacy Statement, contact Customer Service by phone at (800) 228-6090, or by e-mail at [email protected].
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 for a period of twelve (12) months from the date of shipment of any instrument, unless prolonged by a STRECK extended warranty, the 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.