These Terms & Conditions shall govern the sale of all Newomics products (the “Products”) between Newomics and its customers. The Customer is deemed to agree to these terms and conditions of sale and delivery upon placing an order for Products. Orders can be placed with a purchase order (PO) via phone or e-mail. Please include shipping and billing addresses, your phone number, quantity ordered, and all applicable Newomics catalog numbers. Confirmation will be provided within 1-3 business days of order receipt. Please review this confirmation closely, as goods returned due to errors in ordering may be subject to a 15% restocking fee.
Prices
Newomics’ prices are in U.S. Dollars and are subject to change at any time without prior notice. Please call or e-mail to confirm current pricing with Newomics. All prices (excluding shipping and taxes) quoted by Newomics or its representatives are valid for thirty (30) days, unless otherwise stated in writing. All shipping and handling charges will be reflected on the invoice upon the delivery of the product. Shipping and handling charges will vary according to the weight of the package and the shipping options. Please contact Newomics directly for current shipping and handling estimates. Newomics’ prices quoted are net prices; sales tax will be included where applicable. All shipments to California destinations are subject to California State sales tax unless Newomics has a resale certificate on file.
Shipping & Delivery
Our standard shipping is via Federal Express. Actual shipping charges apply. All deliveries take place at the Customer’s risk. The transfer of risk occurs on the handing over of the goods to the carrier or shipper. The course of delivery method is at the discretion of Newomics with exclusion of any and all liability.
Payment Terms
For established customers, payments must be made within 30 days of the invoice date. Invoices not paid within the designated terms are subject to a 10% late fee of the initial balance. Failure to make payment within 60 days will result in credit-hold. Newomics accepts only US currency in the form of company checks and electronic funds transfer. Please contact us for bank account details when submitting remittance by bank wire transfer. All funds must be withdrawable from a US bank account; foreign bank accounts and foreign currency will not be accepted as appropriate payment. Please make checks payable to Newomics, Inc.
Warranty
Newomics warrants that the Products will meet the claimed product specifications and be free of defects in materials and workmanship for the period of time set forth in the product documentation, published specifications or package inserts. If the period of time is not specified in Newomics’ product documentation, published specifications or package inserts, the warranty period shall be twelve (12) months from the date of shipment of the applicable Product (instruments and apparatus, including MnESI sources), or ninety (90) days from the date of shipment of the applicable Product (consumables, including M3 emitters and MEA chips). Any Product believed to be defective within the meaning of the foregoing sentence shall be returned to Newomics, and if found to be defective by Newomics, shall be either repaired or replaced with conforming Product of like kind. Replacements shall be shipped to the Customer or end-user at Newomics’ expense. The remedy stated in this Warranty section constitutes the sole and exclusive remedy of Newomics and any Customer, as well as their successors and assigns, for any defect or nonconformity in the Products. Newomics shall have no other liability or obligation with respect to Products alleged to be defective.
Disclaimer. THE WARRANTY STATED IN THESE TERMS & CONDITIONS IS NEWOMICS’ SOLE AND EXCLUSIVE WARRANTY PERTAINING TO THE PRODUCTS, AND NEWOMICS HEREBY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NEWOMICS BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF DELIVERY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING LANGUAGE, NEWOMICS IS FOUND LIABLE FOR DAMAGES BASED ON ANY DEFECT OF NONCONFORMITY IN THE PRODUCTS, ITS TOTAL LIABILITY FOR EACH DEFECTIVE PRODUCT SHALL NOT EXCEED THE PRICE OF SUCH DEFECTIVE PRODUCT.
Return Policy
Product returns will not be accepted by Newomics without prior written authorization and labeled with a valid RMA (Return Merchandise Authorization) number. Please contact Newomics to receive an RMA number prior to returning any merchandise. Unauthorized returns will be refused and returned to the sender. For incorrectly ordered items, merchandise must be returned within 90 days in unopened, like-new, 100% saleable condition and in original manufacturers packaging. Product that is returned will be inspected and a credit will be issued, less 15% restocking and shipping charges. If returned merchandise is not in resaleable condition or is beyond the 90-day warranty period, no credit will be issued, and the merchandise will be returned to the customer. DO NOT DISCARD PRODUCT THAT HAS FAILED. If you experience difficulties or suspect that you have received defective product, you must return suspected product to Newomics for inspection before warranty replacement can be made. A detailed report will be provided to the customer with information regarding replacement, should it be determined that product was defective. Newomics inspects each and every product thoroughly before shipment. Damages due to handling by customers are not considered to be manufacturing defects.
Indemnification
Customer agrees to defend, indemnify and hold harmless Newomics (and its employees, representatives and agents) from and against all claims, liabilities, losses, damages, penalties, fines and sanctions of any kind (including, without limitation, interest, attorneys’ fees and expenses, customs duties, fines, taxes, penalties or any other governmental sanctions of any kind) resulting from or arising out of Customer’s use of Newomics’ goods or services, a breach of any provision of this Agreement or any third party claim for infringement of patent rights, trademark, copyrights or misuse of trade of secret information.
Export Restrictions
Customer acknowledges that each Product, including technical information supplied by Newomics or contained in documents (collectively “Items”), is subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations the (“EAR”) of the U.S. Department of Commerce, which may restrict or require licenses for the export of Items from the United States and their re- export from other countries. Customer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Customer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Newomics reserves the right to stop shipping or providing goods if Newomics has reason to believe that any shipment or sale of goods may violate any export control law.
