Terms & Conditions
Terms & Conditions of Sales
These Terms and Conditions of Sale are an agreement between the Customer and Laboratory Disposable Products (LDP), which incorporates these Terms and Conditions of Sale to all Customer’s purchases of Products or Services made in accordance with any order placed on Laboratory Disposable Products (LDP) ’s website or by any other method. Laboratory Disposable Products (LDP) reserves the right to change any of these Terms and Conditions of Sales at any time without notice.
Definition of Products & Services
Products are defined as the goods that Laboratory Disposable Products (LDP) provides to the Customer and is comprised of Manufactured/Assembled Products, Sourced Products and/or Third-Party Items:
- Manufactured/Assembled Products means those products that are assembled or manufactured by Laboratory Disposable Products (LDP) to the written specifications relating to the components, raw materials, manufacture, testing, storage, handling, labeling, packaging, and/or shipping of the product provided by Customer and agreed upon by Laboratory Disposable Products (LDP).
- Sourced Products means those products from third party suppliers with whom Laboratory Disposable Products (LDP) has an established supply chain agreement generally covering delivery terms, warranty, pricing, and stocking.
- Third Party Items are those products from third party suppliers that are not Sourced Products or products not covered under the established supply chain agreements referenced in the definition of Sourced Products.
- Services are defined as work performed by employees or contractors of Laboratory Disposable Products (LDP) for which is an act of supporting the customer without supplying physical products which may include: delivery services; laboratory supply procurement; vendor managed inventory; kit assembly and supply chain management.
Placing Orders
Placing an order with Laboratory Disposable Products (LDP) may be submitted by phone, fax, mail, email, online or other methods. Laboratory Disposable Products (LDP) strives to make ordering as simple as possible and accept orders in the format that is most convenient for the customer. For best order accuracy, please include the catalog number, quantity of each item and an item description. Catalog prices are current at the time of printing but are subject to change without notice. Your current pricing will be furnished by your sales representative, customer service representative, or via your online account. In addition, price quotes are available by phone, email, online, or fax from your sales representative or customer service representative. Laboratory Disposable Products (LDP) accepts purchase orders, check, cash, VISA, MasterCard, American Express, and Discover. All payments must be made in US Dollars unless agreed to prior to payment provided.
Acceptance of Orders
Laboratory Disposable Products (LDP) reserves the right to accept, reject, cancel, or modify any order, in its sole discretion, at any time for any reason. Receipt by customer of a Laboratory Disposable Products (LDP) quotation, price list, or catalog does not constitute an offer to sell. Changes are effective immediately upon posting the updated Terms and Conditions if an effective date is not provided. Customer is responsible for checking these Terms and Conditions periodically for updates. All sales are subject to these Terms and Conditions. Customer will be deemed to have accepted these Terms and Conditions by issuing a purchase order or by any other statement (including via e-mail), act, including failure to object in writing to these Terms and Conditions within a reasonable time or by acceptance of and/or payment for the products or services. Any additional and/or inconsistent terms and conditions set forth in any acknowledgment, purchase order, acceptance documents, or similar order instruments provided by customer are expressly rejected. Neither Laboratory Disposable Products (LDP) ‘s delivery of the products nor provision of the services nor any other action, conduct, or performance shall constitute acceptance of terms or conditions different from these Terms and Conditions.
Order Acknowledgement and Expected Ship Date
An order acknowledgment will be issued with each order. Included in the acknowledgment are the items ordered, quantities ordered, disposition (in stock, back ordered or direct shipped from the supplier), unit price, and extended price. The order acknowledgment may be faxed or emailed to you, depending on preference. Laboratory Disposable Products (LDP) shall use commercially reasonable efforts to provide an accurate expected ship date for all orders. The expected ship dates do not constitute a guarantee that the product or service will be shipped by that date provided. Laboratory Disposable Products (LDP) may decide for any reason not to allocate their inventory or a portion of their inventory to a customer order.
Order Shipment
Your shipping instructions will be followed as closely as possible. However, we reserve the right to change the method for items which, when required by regulations or in our judgment, cannot be shipped by the method you specified. If special needs arise for shipping, please include instructions with your order. Otherwise, the quickest and most cost-effective method will be used. Normal shipping terms are FOB shipping point. Any rush or hazardous shipments will incur additional cost.
Shipment Inspection
Shipments must be inspected within 24 hours of receipt and any damaged or missing merchandise must be reported within 48 hours of receipt or the Customer waives any claim to the related Products. All visible damage to the package must be noted on both the Customer’s and Carrier’s delivery receipt prior to the Customer signing as acknowledgement of receipt. Customer must keep all containers, boxes and packing material for inspection. On all shipments that are arranged by Laboratory Disposable Products (LDP) on our carrier accounts the Customer must cooperate fully for arrangements necessary from the carrier for their claim inspection process. When the customer arranges the shipment the Customer shall have no claim against Laboratory Disposable Products (LDP) and is limited to filing its own claim with the carrier.
Shelf-life policy is: 45 days for products with over 90 days shelf life from time of manufacture, 15 days for anything under 90 days.
Cancellation of an Item or Order
Orders or individual items may only be cancelled if the item has not already been shipped, either by the supplier or Laboratory Disposable Products (LDP) . Made-to-Order items may NOT be cancelled.
A cancellation request must be submitted via email to mail@labdisposable.com Requesting the cancellation may not guarantee that the item can be cancelled. Laboratory Disposable Products (LDP) will review the request and confirm via email whether the item may be cancelled.
Invoices
Invoices for shipped product will be billed daily and emailed to the address indicated by the customer. Products shipped direct from the manufacturer to the customer will be billed as of the shipping date from the manufacturer. Customers who have been approved for consolidated invoicing will have invoices consolidated per PO when the PO is complete. Thirty days after the order date, if any items remain on backorder, all open invoices will be consolidated, and the backordered items will be billed separately.
Payment
Provided a completed credit application has been submitted to and approved by Laboratory Disposable Products (LDP), Net 30 payment terms shall be granted. All payments are due no later than 30 days from the date of billing. All sums unpaid by such date shall be subject to a finance charge until paid. All sums are due and payable at the offices of Laboratory Disposable Products (LDP), Inc., in New Jersey. If a credit application has not been approved, all orders must be prepaid by Visa, Master Card, American Express, cashier’s check, money order, ACH, or wire transfer prior to Laboratory Disposable Products (LDP) processing the order. There might be a charges for Wire transfer or Credit cards payments.
Returns/Credits
All returns must be requested within 30 days of the delivery date and must have prior authorization from our Customer Service Department. Laboratory Disposable Products (LDP) reserves the right to reject any return requests. The reason for the return, the date of purchase, the purchase order number, and the invoice number must be made known prior to returning merchandise. Items cannot be returned without an issued Return Material Authorization (RMA) number. Please call Customer Service at 1- 800-332-LAB1 to receive an RMA number. The RMA number must be included with return shipment. All returns are subject to a restocking fee that vary depending on supplier policies. Without prior authorization, all shipments for returned items will be refused. Made-To-Order, Sterile, and Refrigerated items are not eligible for return. Hazardous, non-stock and high dollar items are subject to review. When hazardous materials are authorized by Laboratory Disposable Products (LDP) for return to our facility or a manufacturer or supplier’s facility the customer is responsible for packing, labeling, and shipping according to Applicable law and regulations.
In the event of an unauthorized return the customer will be responsible for the removal of the unauthorized returned product from the Laboratory Disposable Products (LDP) facility immediately. The customer may be responsible for any handling, storage, and/or disposal fees. Credits issued are nonrefundable, must be applied to future purchases, and will expire in one year if not used.
Warranty
The customer, by placing an order with Laboratory Disposable Products (LDP), acknowledges that the only warranty of any kind or character, expressed or implied, made by Laboratory Disposable Products (LDP) , with respect to any product is the warranty of title. Otherwise, Laboratory Disposable Products (LDP) makes no warranties or representations, expressed or implied, whatsoever. The only warranties, other than the warranties as to title, are those provided by the manufacturer of the product in question. The customer is specifically directed to the manufacturer’s warranties as set forth in the labeling and literature which accompany the product for their terms and conditions. By purchasing products from Laboratory Disposable Products (LDP), buyer acknowledges that Laboratory Disposable Products (LDP) , has not made, does not make and specifically negates and disclaims, any and all warranties (other than warranty of title), representations, promises, covenants, agreements and/or guarantees of any kind or character whatsoever, whether expressed, implied and/or statutory, oral, or written, past, present or future. Buyer further acknowledges that Laboratory Disposable Products (LDP) , is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the products or their use or operation, including, but not limited to such matters that are furnished by the manufacturer. Laboratory Disposable Products (LDP) shall not be liable, either in tort or in contract, for any loss or damage, whether direct, incidental or consequential, arising out of the use, misuse and/or inability to use the products which it offers for sale, none of which are manufactured by Laboratory Disposable Products (LDP) , expressly including loss resulting in bodily injury, sickness, disease, or death. To the fullest extent permitted by law, Buyer agrees to defend, indemnify, and hold harmless Laboratory Disposable Products (LDP) , and their employees, agents, successors, and assigns from and against claims, damages, loss, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the goods sold to Buyer, including any claim, damage, lost or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use, resulting there from, except for those harms caused by gross negligence of Laboratory Disposable Products (LDP).
Force Majeure
In the event that Laboratory Disposable Products (LDP) shall be prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of the parties hereto, then it shall be excused from any further performance of its obligations and undertakings hereunder. If, however, performance by Laboratory Disposable Products (LDP) is not prevented but is instead interrupted or delayed by any occurrence not occasioned by the conduct of Laboratory Disposable Products (LDP) such as but not limited to an act of God or the act of conduct of any other person or entity not an agent or employee of Laboratory Disposable Products (LDP) then performance shall be excused for such period of time as is necessary after such occurrence in order to remedy the effects thereof.
Sales Merger Clause
Laboratory Disposable Products (LDP) is not bound by any statement, promise, condition, or stipulation not specifically set forth in this Agreement. No sales consultant, employee or agent of Laboratory Disposable Products (LDP) has authority to modify the terms of this Agreement or make any representation or agreement not contained in this Agreement, and anything to the contrary shall not be binding upon Laboratory Disposable Products (LDP).
Waiver of Defects by Retention of Possession
A retention of the goods for more than thirty days from the date of receipt constitutes a trial and acceptance, unless notice is given of a defect in the goods and is a conclusive admission of the truth of all representations made by or for the seller, and voids all contracts of warranty, whether express or implied.
PURCHASER ACKNOWLEDGES AND REPRESENTS THAT PURCHASER HAS READ AND UNDERSTANDS THIS AGREEMENT, AND ALL ATTACHMENTS, AND THAT PURCHASER HAS NOT RECEIVED ANY REPRESENTATIONS AND IS NOT RELYING ON ANY STATEMENT, PROMISE, CONDITION OR STIPULATION NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT OR THE ATTACHMENTS.
