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11/15/2011
Diagnostic Biosensors, LLC
Our Commitment To Your Privacy
Your privacy is important to us. To better protect your privacy the following notice explains the information we collect, how it is used, how it is safeguarded, and how to contact us if you have any concerns.
What Information Is Collected:
As part of the order process, the following information is collected from shoppers:
Name Shipping/Billing Address Email address Phone number Credit/Debit Card Information
How That Information Is Used:
We will use the information that we collect to fill orders and contact buyers with questions. In the future, we may place you on an e-mail distribution list that you can easily opt out of.
Our Commitment To The Security of Your Data
We will never intentionally sell or give away any of your private information to others without your permission. There may be exceptions to this rule including, but not exclusively, the following: disclosure required by legal authorities, or the acquisition of our company by another.
Shipping Information: Pricing: Prices shown do not include shipping or sales tax. Sales tax will be applied at time of customer Checkout. {Shipping will be arranged through the Shipping Webpage after your initial Checkout.}
Returns - preShipping: Should you choose to cancel the order AFTER paying, but before agreeing upon a shipping price, we will refund your purchase amount less a 3% transaction fee. Returns - postShipping: Diagnostic Biosensors is committed to complete customer satisfaction. For this reason, we will accept returned undamaged merchandise providing you, the customer, pay for shipping and a 15% restocking fee.
Terms and Conditions of Sale Diagnostic Biosensors, LLC 1712 Brook Avenue SE Minneapolis, Minnesota 55414 USA www.DiagnosticBiosensors.com
1. Products, Quotations and Acceptance: a. Standard or catalog products as listed on the Diagnostic Biosensors, LLC (hereafter DBS) web site will be accepted at the pricing shown on the web site at the date of receipt of the purchaser’s purchase order. b. Quotations for products or services not listed on the DBS web site (non-catalog items) are valid for sixty (60) days from the quotation date, and represent no obligation until DBS acceptance of the order. c. In the event of inconsistency between DBS and the Purchaser’s conditions, DBS’s conditions will prevail and shall be binding on DBS unless and until the variation is accepted in writing by a duly authorized person on behalf of DBS.
2. Price and Delivery: a. Unless otherwise agreed, delivery will be F.O.B. factory. All goods will be packed to normal specifications in non-returnable packaging. Requirements for other types of packaging are subject to additional pricing. Delivery methods will be arranged at the request and expense of the purchaser. If COD is requested, COD charges will be added to the price of the goods. b. Any delivery period quoted is a best estimate only beginning at the date of DBS’s acknowledgement of the Purchaser’s order. c. Unless specified otherwise DBS reserves the right to deliver more than one lot and invoice each lot separately. d. Shortages, defective or damaged goods must be reported to DBS within thirty (30) days of delivery. All goods are shipped at Purchaser’s risk and claims for goods damaged or lost in transit should be filed by the consignee directly with the carrier. e. All returned materials must have a Returned Materials Authorization (RMA) number issued by DBS. This authorization is good for 30 days from the date of issuance. This authorization applies to catalog items only and is subject to a 15% restocking fee after examination by DBS personnel. Custom products may not be returned except for quality complaints or DBS error. f. For custom products, DBS reserves the right for a shipping tolerance of 5% for each shipment and for the total order. g. Cancellation charges may be imposed for costs of existing work in progress when orders are cancelled or modified within two (2) months of the scheduled ship date.
3. Title and Risk or Loss: a. Title will pass to the Purchaser only on receipt by DBS of payment for the full value of the invoice(s). b. Risk of loss will pass to the Purchaser upon goods leaving DBS premises.
4. Payment: a. Payment shall be due thirty (30) days from the date of invoice, subject to credit approval. Payment shall not be withheld on account of any claim by the Purchaser against DBS. DBS reserves the right to charge interest at 1% per month of any sum outstanding after the due date. b. DBS reserves the right, among other remedies, either to cancel this contract or to suspend further deliveries under it in the event that the Purchaser fails to pay for any one shipment when payment becomes due. Should Purchaser’s financial responsibility become unsatisfactory, e.g. bankruptcy of the Purchaser, to DBS, cash payments or satisfactory security may be requested by DBS. c. Any additional fees of any nature, e.g. taxes, duties, imposed on this transaction by any governmental authority that requires DBS to make payment shall be paid by the Purchaser. d. Unless other arrangements have been made, all payments to DBS shall be made in US dollars by a check drawn on a prime US bank. All fees connected with this transaction are to be paid by the Purchaser.
5. Technical Assistance and Data a. DBS may, at Purchaser’s request, furnish technical assistance or advice with respect to the goods supplied under this Contract to the extent that such information is in the public domain. It is expressly agreed that there is no obligation to provide such information and that this information is subject to the limitation of liability contained within this document. DBS accepts no liability in contract for any damages or injury arising directly or indirectly from errors or omissions in technical data or literature.
6. Warranty: DBS (Diagnostic Biosensors, LLC) products are warranted for a period of one year from the date of shipment to the original Purchaser to be clear of title, free of defects in material and workmanship and in conformity with DSB specifications. DBS’s liability under this warranty is limited to replacing or repairing any product returned by the Purchaser, at Purchaser’s expense, during the warranty period. This warranty does not extend to non-conformities or defects resulting from misuse, neglect, improper: storage, handling, installation, repair, testing, alteration and accidents or defects due to reasonable wear and tear or fault on the part of any person other than DBS. DBS shall have the right to make final determination as to the existence and cause of a defect or nonconformity. DIAGNOSTIC BIOSENSORS, LLC MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS EVEN IF THE PURPOSE IS KNOWN TO DIAGNOSTIC BIOSENSORS, LLC. DBS makes no other warranty to patents, trademarks, copyrights or other intellectual property. Nothing contained herein shall be construed by implication, estoppel or otherwise any license to any DBS patent, trademark or any other intellectual property. Repair or replacement of the conforming product is the Purchaser’s sole remedy for breach of these warranty terms. Under no circumstances will Diagnostic Biosensors, LLC be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damage, based on any use of Diagnostic Biosensors, LLC published material including, without limitation, any lost profits, business interruption, or loss of programs or information, even if Diagnostic Biosensors, LLC has been specifically advised of the possibility of such damages.
7. Tools: In the absence of any agreement, tools made for the manufacture of goods to be supplied under the contract and the copyright therein remain DBS property notwithstanding that the Purchaser may have been debited with any sum in respect of their cost.
8. Excusable Delays: No liability shall result from delay in performance or non-performance in whole or in part if performance as agreed has been made impracticable by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid, or by the occurrence of a contingency the non-occurrence of which was a basic assumption on which this contract was made, including, acts of God, fire, flood, accident, riot, war, sabotage, strike, labor trouble or shortage or embargo. DBS inability to obtain at prices and terms deemed by it to be practicable for any raw materials, energy source, equipment, labor or transportation, or any increased costs due to capital improvements for environmental protection shall also be sufficient to relieve DBS of its obligation to perform hereunder. If any such circumstances affect only part of DBS capacity to perform, DBS shall have the right to allocate production and deliveries among all of its customers and its own requirements in a manner and at such times as DBS may determine. Quantities affected by this paragraph may, at the option of either party, be eliminated from the contract without liability, but the remainder of the contract shall remain otherwise unaffected.
9. Indemnification: Purchaser agrees to indemnify, defend and hold DBS harmless from and against that portion of any liability, cost, expense, claim, judgment, settlement or damage that DBS may be required to pay any third party (including, but not limited to, any employee of Purchaser who alleges or proves that he or she has been injured in the course of his or her employment while working with the products supplied by the DBS under this agreement), which is caused or contributed to by the negligence or fault of the Purchaser; or results from infringement of any patent, trademark or copyright related to the products (or designs and specifications thereof) supplied to Purchaser hereunder. In case the Purchaser resells the products supplied by DBS under this agreement, Purchaser will request, and if possible obtain from its purchaser an indemnification similar to the foregoing for the benefit of the Purchaser and DBS.
10. Limitation of Liability: DBS shall not be liable on contract, tort or otherwise for any loss or damage suffered by the Purchaser whatsoever or however arising out of or in connection with the supply of goods or services by DBS other than to supply goods conforming to the original agreed specifications or at DBS option to refund to the Purchaser any monies already paid in respect of the goods. DBS liability with respect to this contract and the products purchased under it shall not exceed the purchase price of the portion of such product as to which liability arises and DBS shall not be liable for any injury, loss or damage resulting form the handling and use of the product shipped hereunder whether in manufacturing process or otherwise. In no event shall DBS be liable for special, incidental or consequential damages, including but not limited to loss of profits, capital or business opportunity; downside costs; or claims of the customer of the buyer. Failure to give DBS notice of any claim within thirty (30) days of delivery of the product concerned shall constitute a waiver of such claims by the Purchaser. Notwithstanding any applicable statue of limitations to the contrary, any action by the Purchaser relating to a claim hereunder must be instituted no later then two (2) years after the occurrence of the event upon which the claim is based. All of the foregoing limitations shall apply regardless of whether the Purchaser’s claim is based upon breech of contract, breech of warranty, negligence, strict liability or any other legal theory.
11. Termination If the Purchaser commits any breech of the terms and conditions of the contract or suffers distress, commits an act of bankruptcy or enters into an arrangement with its creditors, or is put into liquidation, or if a receiver is appointed over any part of the Purchaser’s business, DBS may, without prejudice to any rights which may have accrued to it, terminate the contract summarily by written notice.
12. Entire Agreement: Diagnostic Biosensors, LLC Proprietary Page 3 of 3 This agreement constitutes the entire contract of sale and purchase of the products from DBS. It is not assignable by the Purchaser without the written consent of DBS. No modification of these terms and conditions shall be completed without the written agreement of both parties. Further, no modification shall be affected by the acceptance of a purchase order containing other terms and conditions.
13. Governing Law: This contract shall be governed by and construed in accordance to the laws of the State of Minnesota. Any lawsuit arising out of the transactions covered shall be instituted in the appropriate court located in the city of Minneapolis, Minnesota and Purchaser further submits itself to the jurisdiction of these courts in the event that DBS elects any action in said courts. (October 2012, RS, MT, KT Source: DBSTermsandConditionsSN00301, Revision A)
Contact Us
1712 Brook Ave. SE Minneapolis, MN 55414 612 331-3584 Mark Tondra, President mark@diagnosticbiosensors.com
NOTE TO MERCHANTS: Your privacy policy has legal implications as well as implications for your business. Please research what assurances you want to make to buyers and ensure that your states policy matches with your business practices.
11/15/2011
Diagnostic Biosensors, LLC
Our Commitment To Your Privacy
Your privacy is important to us. To better protect your privacy the following notice explains the information we collect, how it is used, how it is safeguarded, and how to contact us if you have any concerns.
What Information Is Collected:
As part of the order process, the following information is collected from shoppers:
Name Shipping/Billing Address Email address Phone number Credit/Debit Card Information
How That Information Is Used:
We will use the information that we collect to fill orders and contact buyers with questions. In the future, we may place you on an e-mail distribution list that you can easily opt out of.
Our Commitment To The Security of Your Data
We will never intentionally sell or give away any of your private information to others without your permission. There may be exceptions to this rule including, but not exclusively, the following: disclosure required by legal authorities, or the acquisition of our company by another.
Shipping Information: Pricing: Prices shown do not include shipping or sales tax. Sales tax will be applied at time of customer Checkout. {Shipping will be arranged through the Shipping Webpage after your initial Checkout.}
Returns - preShipping: Should you choose to cancel the order AFTER paying, but before agreeing upon a shipping price, we will refund your purchase amount less a 3% transaction fee. Returns - postShipping: Diagnostic Biosensors is committed to complete customer satisfaction. For this reason, we will accept returned undamaged merchandise providing you, the customer, pay for shipping and a 15% restocking fee.
Terms and Conditions of Sale Diagnostic Biosensors, LLC 1712 Brook Avenue SE Minneapolis, Minnesota 55414 USA www.DiagnosticBiosensors.com
1. Products, Quotations and Acceptance: a. Standard or catalog products as listed on the Diagnostic Biosensors, LLC (hereafter DBS) web site will be accepted at the pricing shown on the web site at the date of receipt of the purchaser’s purchase order. b. Quotations for products or services not listed on the DBS web site (non-catalog items) are valid for sixty (60) days from the quotation date, and represent no obligation until DBS acceptance of the order. c. In the event of inconsistency between DBS and the Purchaser’s conditions, DBS’s conditions will prevail and shall be binding on DBS unless and until the variation is accepted in writing by a duly authorized person on behalf of DBS.
2. Price and Delivery: a. Unless otherwise agreed, delivery will be F.O.B. factory. All goods will be packed to normal specifications in non-returnable packaging. Requirements for other types of packaging are subject to additional pricing. Delivery methods will be arranged at the request and expense of the purchaser. If COD is requested, COD charges will be added to the price of the goods. b. Any delivery period quoted is a best estimate only beginning at the date of DBS’s acknowledgement of the Purchaser’s order. c. Unless specified otherwise DBS reserves the right to deliver more than one lot and invoice each lot separately. d. Shortages, defective or damaged goods must be reported to DBS within thirty (30) days of delivery. All goods are shipped at Purchaser’s risk and claims for goods damaged or lost in transit should be filed by the consignee directly with the carrier. e. All returned materials must have a Returned Materials Authorization (RMA) number issued by DBS. This authorization is good for 30 days from the date of issuance. This authorization applies to catalog items only and is subject to a 15% restocking fee after examination by DBS personnel. Custom products may not be returned except for quality complaints or DBS error. f. For custom products, DBS reserves the right for a shipping tolerance of 5% for each shipment and for the total order. g. Cancellation charges may be imposed for costs of existing work in progress when orders are cancelled or modified within two (2) months of the scheduled ship date.
3. Title and Risk or Loss: a. Title will pass to the Purchaser only on receipt by DBS of payment for the full value of the invoice(s). b. Risk of loss will pass to the Purchaser upon goods leaving DBS premises.
4. Payment: a. Payment shall be due thirty (30) days from the date of invoice, subject to credit approval. Payment shall not be withheld on account of any claim by the Purchaser against DBS. DBS reserves the right to charge interest at 1% per month of any sum outstanding after the due date. b. DBS reserves the right, among other remedies, either to cancel this contract or to suspend further deliveries under it in the event that the Purchaser fails to pay for any one shipment when payment becomes due. Should Purchaser’s financial responsibility become unsatisfactory, e.g. bankruptcy of the Purchaser, to DBS, cash payments or satisfactory security may be requested by DBS. c. Any additional fees of any nature, e.g. taxes, duties, imposed on this transaction by any governmental authority that requires DBS to make payment shall be paid by the Purchaser. d. Unless other arrangements have been made, all payments to DBS shall be made in US dollars by a check drawn on a prime US bank. All fees connected with this transaction are to be paid by the Purchaser.
5. Technical Assistance and Data a. DBS may, at Purchaser’s request, furnish technical assistance or advice with respect to the goods supplied under this Contract to the extent that such information is in the public domain. It is expressly agreed that there is no obligation to provide such information and that this information is subject to the limitation of liability contained within this document. DBS accepts no liability in contract for any damages or injury arising directly or indirectly from errors or omissions in technical data or literature.
6. Warranty: DBS (Diagnostic Biosensors, LLC) products are warranted for a period of one year from the date of shipment to the original Purchaser to be clear of title, free of defects in material and workmanship and in conformity with DSB specifications. DBS’s liability under this warranty is limited to replacing or repairing any product returned by the Purchaser, at Purchaser’s expense, during the warranty period. This warranty does not extend to non-conformities or defects resulting from misuse, neglect, improper: storage, handling, installation, repair, testing, alteration and accidents or defects due to reasonable wear and tear or fault on the part of any person other than DBS. DBS shall have the right to make final determination as to the existence and cause of a defect or nonconformity. DIAGNOSTIC BIOSENSORS, LLC MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS EVEN IF THE PURPOSE IS KNOWN TO DIAGNOSTIC BIOSENSORS, LLC. DBS makes no other warranty to patents, trademarks, copyrights or other intellectual property. Nothing contained herein shall be construed by implication, estoppel or otherwise any license to any DBS patent, trademark or any other intellectual property. Repair or replacement of the conforming product is the Purchaser’s sole remedy for breach of these warranty terms. Under no circumstances will Diagnostic Biosensors, LLC be liable to any person or business entity for any direct, indirect, special, incidental, consequential, or other damage, based on any use of Diagnostic Biosensors, LLC published material including, without limitation, any lost profits, business interruption, or loss of programs or information, even if Diagnostic Biosensors, LLC has been specifically advised of the possibility of such damages.
7. Tools: In the absence of any agreement, tools made for the manufacture of goods to be supplied under the contract and the copyright therein remain DBS property notwithstanding that the Purchaser may have been debited with any sum in respect of their cost.
8. Excusable Delays: No liability shall result from delay in performance or non-performance in whole or in part if performance as agreed has been made impracticable by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid, or by the occurrence of a contingency the non-occurrence of which was a basic assumption on which this contract was made, including, acts of God, fire, flood, accident, riot, war, sabotage, strike, labor trouble or shortage or embargo. DBS inability to obtain at prices and terms deemed by it to be practicable for any raw materials, energy source, equipment, labor or transportation, or any increased costs due to capital improvements for environmental protection shall also be sufficient to relieve DBS of its obligation to perform hereunder. If any such circumstances affect only part of DBS capacity to perform, DBS shall have the right to allocate production and deliveries among all of its customers and its own requirements in a manner and at such times as DBS may determine. Quantities affected by this paragraph may, at the option of either party, be eliminated from the contract without liability, but the remainder of the contract shall remain otherwise unaffected.
9. Indemnification: Purchaser agrees to indemnify, defend and hold DBS harmless from and against that portion of any liability, cost, expense, claim, judgment, settlement or damage that DBS may be required to pay any third party (including, but not limited to, any employee of Purchaser who alleges or proves that he or she has been injured in the course of his or her employment while working with the products supplied by the DBS under this agreement), which is caused or contributed to by the negligence or fault of the Purchaser; or results from infringement of any patent, trademark or copyright related to the products (or designs and specifications thereof) supplied to Purchaser hereunder. In case the Purchaser resells the products supplied by DBS under this agreement, Purchaser will request, and if possible obtain from its purchaser an indemnification similar to the foregoing for the benefit of the Purchaser and DBS.
10. Limitation of Liability: DBS shall not be liable on contract, tort or otherwise for any loss or damage suffered by the Purchaser whatsoever or however arising out of or in connection with the supply of goods or services by DBS other than to supply goods conforming to the original agreed specifications or at DBS option to refund to the Purchaser any monies already paid in respect of the goods. DBS liability with respect to this contract and the products purchased under it shall not exceed the purchase price of the portion of such product as to which liability arises and DBS shall not be liable for any injury, loss or damage resulting form the handling and use of the product shipped hereunder whether in manufacturing process or otherwise. In no event shall DBS be liable for special, incidental or consequential damages, including but not limited to loss of profits, capital or business opportunity; downside costs; or claims of the customer of the buyer. Failure to give DBS notice of any claim within thirty (30) days of delivery of the product concerned shall constitute a waiver of such claims by the Purchaser. Notwithstanding any applicable statue of limitations to the contrary, any action by the Purchaser relating to a claim hereunder must be instituted no later then two (2) years after the occurrence of the event upon which the claim is based. All of the foregoing limitations shall apply regardless of whether the Purchaser’s claim is based upon breech of contract, breech of warranty, negligence, strict liability or any other legal theory.
11. Termination If the Purchaser commits any breech of the terms and conditions of the contract or suffers distress, commits an act of bankruptcy or enters into an arrangement with its creditors, or is put into liquidation, or if a receiver is appointed over any part of the Purchaser’s business, DBS may, without prejudice to any rights which may have accrued to it, terminate the contract summarily by written notice.
12. Entire Agreement: Diagnostic Biosensors, LLC Proprietary Page 3 of 3 This agreement constitutes the entire contract of sale and purchase of the products from DBS. It is not assignable by the Purchaser without the written consent of DBS. No modification of these terms and conditions shall be completed without the written agreement of both parties. Further, no modification shall be affected by the acceptance of a purchase order containing other terms and conditions.
13. Governing Law: This contract shall be governed by and construed in accordance to the laws of the State of Minnesota. Any lawsuit arising out of the transactions covered shall be instituted in the appropriate court located in the city of Minneapolis, Minnesota and Purchaser further submits itself to the jurisdiction of these courts in the event that DBS elects any action in said courts. (October 2012, RS, MT, KT Source: DBSTermsandConditionsSN00301, Revision A)
Contact Us
1712 Brook Ave. SE Minneapolis, MN 55414 612 331-3584 Mark Tondra, President mark@diagnosticbiosensors.com
NOTE TO MERCHANTS: Your privacy policy has legal implications as well as implications for your business. Please research what assurances you want to make to buyers and ensure that your states policy matches with your business practices.
