ESBE Scientific Specific Terms & Conditions

ESBE Scientific / Customer Relationship. ESBE Scientific (ESBE) will sell to the customer (Customer) and Customer will purchase from ESBE Scientific the products described in any written and signed purchase agreement between them or contained in any order referring to a printed ESBE Scientific Price Quotation transmitted by Customer whether by telephone, fax, mail, e-mail, e-commerce or on the www.esbe.com web site subject to the following Terms & Conditions and those Terms & Conditions contained in any Purchase Agreement.

Pricing. Pricing is subject to change without notice. All prices quoted are in Canadian dollars with cost of duty included in ESBE Scientific product price but exclusive of any Provincial or Federal taxes. Printed ESBE Scientific Price Quotations are firm for 30 days with approved credit. ESBE Scientific product List Pricing is subject to change without notice, however customer specific pricing will appear on your order acknowledgement.

Orders. Orders below $75.00 are subject to a minimum order handling fee. Once accepted by ESBE Scientific, Customer orders cannot be cancelled without prior consent of ESBE Scientific Customer Service as restocking and/or other charges may apply.

Delivery. ESBE Scientific will select the most appropriate shipping method, unless otherwise stated clearly on your Purchase Order. Additional charges, including remote area delivery charges (see http://esbe.com/delivery_area.html for details) may apply and will be added to your invoice.

Please note the following conditions:

Delivery is FOB ESBE Scientific shipping warehouse. Customer is responsible for providing adequate receiving facilities for all goods. Additional charges may apply if loading dock cannot accommodate removal of goods from the transport vehicle. Customer is responsible for offloading goods and moving to final destination. Please note that all goods are delivered in original manufacturer packaging. If any damage/shortage is noted at time of delivery, your receiver must indicate on the shipper's waybill, the number of pieces damaged and/or short. Customer must notify ESBE Scientific within 48 hours of receipt of goods and Customer must retain all packing materials and containers for inspection purposes. If you do not note damage/shortage on the shipper's waybill at the time of delivery, you do so at your own risk.

Product Ownership. All goods shipped and invoiced remain the property of ESBE Scientific until paid for in full.

Returned Goods Authorization. All returns require an ESBE Scientific Return Goods Authorization number (RGA) that must be issued by ESBE Scientific Customer Service Department prior to return of any goods. Our RGA number must be requested within 60 days from the date of invoice. The ESBE Scientific RGA number must be referenced on all shipping labels. Returns must be made within 30 days of the issuance of the RGA number. Goods returned without an RGA number will be returned at the expense of the customer. Returns may be subject to a minimum 15% restocking charge.

Proof of Decontamination. Because the health and safety of our employees and customers is very important to ESBE Scientific, all goods authorized for return must be accompanied by a completed Proof of Decontamination certificate. Goods returned without a completed Proof of Decontamination certificate will be returned at the expense of the customer.

Non-returnable Goods

• Goods not originally purchased from ESBE Scientific
• Products unable to be resold due to short expiry date
• Temperature sensitive products
• Products no longer in the original condition in which they were purchased
• Custom made items produced to customer specification
• Discontinued or obsolete products
• Any sealed product which has been opened

Returned Goods Instructions & Certificate of Decontamination can be found here: http://www.esbe.com/rg_instructions.pdf

Product Specifications. Product specifications are subject to change without prior notice.

Sequestered Stock. Customers who request in writing that stock be sequestered for their use, are responsible for the purchase of all their sequestered stock within a defined period of time.

Product Availability. ESBE Scientific may become unable to continue to supply product. In all such cases, ESBE Scientific will endeavor to inform the customer of the situation but will take no responsibility or liability on any customer costs associated with this occurrence.

Payment Terms. Payment terms are 30 days from date of invoice or Visa or Mastercard credit card order transaction date.

Product Warranties. Stated product warranty to commence from the date of invoicing. Warranty on equipment shipped to locations outside of our deli very area (see http://esbe.com/delivery_area.html for details) will be Parts only.

Liability Limitations. ESBE Scientific hereby disclaims all other warranties or guarantees whether statutory, written, oral, expressed or implied including without limitation, any warranty for a particular purpose beyond the published ESBE Scientific and product manufacturer claims. ESBE Scientific warrants to the original purchaser of the goods that:

a) The liability of ESBE Scientific under this limited warranty does not extend to any products which are modified or misused by the Customer or any other persons or which become defective or non-conforming through the actions or inaction of the Customer or any outside persons.

b) If any product warranted proves to be defective or non-conforming to ESBE Scientific and product manufacturer published claims, ESBE Scientific's sole liability and the Customer's sole remedy is for ESBE Scientific to repair or at ESBE Scientific's option replace non-conforming product with a non-defective, conforming product at no cost to the Customer.

c) In no event shall ESBE Scientific have any obligation or liability for any exemplary, punitive, incidental, indirect, special or consequential damages.

d) The total liability of ESBE Scientific including its authorized subcontractors and agents if any, for damages relating to any product sold under this agreement shall be limited to the price paid for such product by the original purchaser of the goods.

Force Majeure. ESBE Scientific is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity, telephone or data service.

Controlling Terms and Conditions. Upon acceptance of a Customer order(s) by ESBE Scientific Customer Service, the Terms and Conditions contained herein shall apply. It is expressly understood and agreed that that any terms and conditions in any Customer order issued to ESBE Scientific shall be without force and effect unless authorized in writing by ESBE Scientific Customer Service.