Terms and Conditions
Invoices are due net 30 days from the date of shipment, unless other arrangements are made in advance of the purchase. Payment is due in US dollars. A late charge will be applied to all invoices which are more than 30 days past due. The late fee will be calculated at the rate of 2% per month of the invoice price.
AthenaES™ (Athena Environmental Sciences, Inc.) accepts payment by credit card or purchase order number online or by phone. Online orders placed with credit cards will be charged when the order is processed.
Orders with credit cards that are denied will not be processed further. Order processing will resume upon receipt of a valid credit card number provided by the customer.
Shipping charges are prepaid and added to the invoice. Shipping is via FedEx or UPS unless otherwise requested. Shipping charges include but are not limited to the estimated shipping cost charged by either FedEx or UPS, handling fees, and ice fees should the product purchased require special shipping conditions.
Taxes and Other Charges
Any use tax, sales tax, excise tax, duty, inspection or testing fee, or any other tax, fee or charge imposed by any governmental authority, on or measured by the transaction between us shall be paid by the purchaser in addition to the prices quoted or invoiced. If AthenaES™ is required to pay any such tax, fee or charge, the purchaser shall reimburse AthenaES™ or provide an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
Exclusive Terms of Sale
AthenaES™ does not agree to and is not bound by any other terms or conditions unless those terms and conditions have been expressly agreed to in writing by a duly authorized officer of AthenaES™. Prices are subject to change without notice.
AthenaES™ warrants that the products will meet the specification stated on the product label. AthenaES™ agrees to replace the product free of charge if the product does not conform to the specifications. Notice for replacement must be given within 60 days of opening the product. Unused product must be returned at purchaser’s expense to receive a replacement or credit. In consideration of the above promises by AthenaES™, the buyer agrees to and accepts the following conditions: That this warranty is in lieu of all other warranties, expressed or implied; That all warranties of merchantability or of fitness for a particular purpose are hereby excluded or waived; That the buyer’s sole remedy shall be to obtain replacement of the product free of charge from AthenaES™; and That this remedy is in lieu of all other remedies or claims for damages, consequential or otherwise, which the buyer may have against AthenaES™.
There are certain products which require user-registration by which the end-user will have to acknowledge having read and agreed to the terms and conditions regarding the licensed products, which are separate from these terms and conditions. Under conditions where the purchaser is a commercial entity and not a non-profit or academic entity, there will also need to be signed documentation regarding the licensing agreement. These products include currently, but are not limited to future additions, the ACES™ YebF Protein Export Kit, the ACES Signal Sequence Kit, the pAES40 vector and the pAES30 through pAES35 series of vectors. If an order is placed for one of these products (or another future listed product) and the purchaser is not a registered user, then the order will not be processed further until the required registration of the end-user has taken place. Further terms and conditions for licensed products are delineated on the products’ licensing pages and registration pages.
Except as otherwise agreed in writing by our authorized representative, the purchase of goods only conveys to you the non-transferable right for only you to use the quantity of goods and components of goods purchased in compliance with the applicable license restrictions or the below listed regulations. Unless otherwise authorized, no right to resell the goods, or any portion of them, is conveyed hereunder.
The products in our catalog are intended for research use only unless purchased under a GMP compliant supply contract, and are not to be used for any other purposes including, but not limited to, unauthorized commercial purposes, therapeutic purposes, investigational use, in foods, drugs, devices or cosmetics of any kind, or for consumption by or use in connection with or administration or application to humans or animals. They are intended for research and laboratory purposes and are to be handled by qualified persons.
You acknowledge that products received from us are subject to U.S. export control laws and regulations. You represent and warrant to us that you will not, directly or indirectly, (1) sell, export, reexport, transfer, divert, or otherwise dispose of any products or technology (including products derived from or based on such technology) received from us to any destination, entity, or person prohibited by the laws or regulations of the United States, or (2) use the product for any use prohibited by the laws or regulations of the United States and/or your local jurisdiction, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.