Buyer's Use of Products

LaCrosse Laboratories' products are intended only for laboratory use and are not to be used for other purposes, including, but not limited to, human or animal use, or a component in, a food, drug, or medical device (including in vitro diagnostic reagents) or cosmetics as defined in the Federal Food, Drug and Cosmetic Act, as amended, nor as a pesticide as defined in the Federal Insecticide, Fungicide and Rodenticide Act, as amended.  The buyer acknowledges that the products purchased hereunder have not been tested by LaCrosse Laboratories for safety and efficacy in a food, drug, cosmetic or pesticide.  The buyer expressly represents and warrants to LaCrosse Laboratories that Buyer will properly test, use, manufacture and market any products purchased from LaCrosse Laboratories and any final articles made from them in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable federal and state food, drug, device, and cosmetic and other relevant laws and regulations, now and hereinafter enacted.  The buyer further warrants to LaCrosse Laboratories that any final articles manufactured from LaCrosse Laboratories' products shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be articles which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce.

The buyer acknowledges that LaCrosse Laboratories' products are intended only for laboratory use and they may not be on the inventory of Existing Chemical Substances defined pursuant to the Toxic Substances Control Act (TSCA). LaCrosse Laboratories assumes no responsibility to assure that products purchased hereunder may be used in a commercial application as defined under TSCA.

The buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from LaCrosse Laboratories.  The buyer also has the duty to warn the buyer’s customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products.

The buyer agrees to comply with instructions, if any, furnished by LaCrosse Laboratories, relating to the use of the products and to not misuse the products in any manner.

PAYMENT TERMS

Net 30 Days of Invoice Date.

SHIPMENT

LaCrosse Laboratories uses DHL and buyer agrees to pay all costs of shipping.

RETURN SHIPMENTS

LaCrosse Laboratories will not accept return shipments without prior authorization and shipping instructions.   The situations which give rise to returns are often complicated and require special attention and handling.  Unidentified or unauthorized return shipments will be discarded without credit.  Be sure to contact us and we will do our best to resolve each situation in an equitable manner.

Charges will be imposed on catalog items returned due to your error.  A $10 restocking fee per item will be charged.

Items which are proven defective or non-conforming to our specifications will be replaced at no charge or, at our discretion, a refund will be issued upon receipt of returned goods.

All claims for replacement or credit must be made within 10 days of receipt of goods.

LaCrosse Laboratories' liability for any and all claims, losses or damages arising for any cause, including our negligence, shall in no event exceed the purchase price of the materials with respect to which the cause arose.  In no event shall we be liable for incidental or consequential damages.

TSCA/USAGE

The goods sold by LaCrosse Laboratories are research chemicals defined under TSCA, are not to be used for food, drug, household or any other applications, and should be used or handled only by or under direct supervision of “technically qualified individuals” as defined in 40CFR710.2(aa).

The hazards, physiological and toxicological properties of the goods may not have been fully investigated and/or determined.  Therefore, the goods should be handled with the utmost caution when they are used, stored or during disposal.  LaCrosse Laboratories makes no guarantee of any results and assumes no liability for damage to any person, persons or property resulting from incorrect handling, storage, usage or disposal of the goods.  Further, LaCrosse Laboratories is not responsible for conditions and actions beyond its control.

MATERIAL SAFETY DATA SHEETS (MSDS)

LaCrosse Laboratories will supply appropriate MSDS’s with the delivery of the goods sold pursuant to this Agreement.  However, the nature of new research chemicals precludes complete knowledge and Seller makes no claim as to the completeness, correctness, currency or comprehensiveness of information provided in such MSDS’s.   These goods are intended only for use by qualified professionals who are familiar with the potential hazards and have been fully trained in proper safety, laboratory and chemical handling procedures.

If the buyer needs replacement MSDS sheets, please contact us.  MSDS sheets may be reproduced as long as they are not altered except for reducing or enlarging.

HAZARDOUS MATERIAL DISPOSAL

When disposing of a chemical, careful consideration must be given to the chemical and physical properties of the compound.  The buyer agrees to follow all national, state and local laws and regulations governing chemical disposal.  All waste disposal of chemicals should be handled only by individuals who have received specific chemical education and training and who are conversant with chemical handling and safety procedures.  Since the hazards and physical properties of any chemical may not yet be fully determined, only technically qualified persons familiar with potential hazards should be responsible for their disposal.