TERMS AND CONDITIONS OF USE
Please read the following terms and conditions.
We will remind you to accept them on the checkout page when you place your order. Please understand that by using this website, you are considered to be bound by all the following terms and conditions. By accessing or using the Cymnootropics.com website and/or placing an order through Cymnootropics.com, you agree to and accept the following Terms and Conditions:
Access to My Page function is available to all customers. Access to online purchasing capabilities (the “Service”) is available only to qualified independent researchers, research institutions, and/or businesses and their authorized employees, agents and/or contractors who register with Cymnootropics.com (hereinafter sometimes called “Cymnootropics” or “Seller”).
Member Account, Password, and Security
The copyrights and other rights to the information contained in this website belong to Cymnootropics.com. These copyrights are protected under the copyright laws of various countries, various conventions and other laws, and you are not allowed to use them beyond the legally permissible extent or beyond your personal usage. In addition, all copyrights to the contents of electronic mails that Cymnootropics.com will send to you belong to Cymnootropics.com, and you are not allowed to transfer or reprint them in any manner whatsoever without the prior written consent of Cymnootropics.com.
The information on this website may be subject to change without notice. In addition, the operation may be subject to interruption or suspension without notice. Under no circumstances shall Cymnootropics.com be liable for any damage that may result from any changes in information, interruptions, or suspensions of this website. Cymnootropics.com pays careful attention in posting the information on this website, but Cymnootropics.com does not guarantee the accuracy, utility, or safety of the information in any way or manner whatsoever. Other websites of third parties to whom links may be established from this website are managed by such third parties, and under no circumstances Cymnootropics.com guarantee their contents.
If you wish to establish a link to this website, you are requested to contact our Company. Please understand in advance that we reserve the right to refuse any links from such websites that may libel or defame our Company or such websites that may contain any adult contents. In addition, we reserve the right to refuse any links that use such techniques as frame linking to obscure the fact that these pages are produced by our Company. Trademarks The product names and company names used on this website represent the trade names, registered trademarks, or brand names of relevant companies. If you have questions, comments or suggestions regarding this website, please contact us.
TERMS AND CONDITIONS OF SALE
All prices are shown in U.S. Dollars. Every effort will be made to maintain pricing for the catalog time period, but prices are subject to change without notice. Prices will be confirmed at the time of order entry.
Methods of Shipment
Every attempt will be made to process and ship orders within 24 business hours.
We will not accept return shipments without prior authorization and shipping instructions. The situations which give rise to returns are often complicated and require individual attention and special 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 may be imposed on catalog items returned due to your error. Items which are proven defective or non-conforming to our specifications will be replaced at no charge or, at our discretion, credit issued upon receipt of returned goods. All claims for replacement or credit must be made within 10 days of receipt of goods. Our 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.
High quality is a requirement for every Cymnootropics.com product. All the chemicals listed in our catalog have been rigorously tested in our suppliers in-house facilities. The purity and physical constants stated with the product listing are typical values, and may vary slightly from lot to lot. If additional information is needed regarding purity, please contact our support.
Most products offered on this website or in our catalog are for research purposes only. These products are in no way to be used for food, drug, household or any other applications. These chemicals are research chemicals as defined under TSCA. As such they should be used or handled only by or under direct supervision of “Technically qualified individuals” as defined in 40 CFR § 720.3 (ee): “Technically qualified individual means a person or persons (1) who, because of education, training, or experience, or a combination of these factors, is capable of understanding the health and environmental risks associated with the chemical substance which is used under his or her supervision, (2) who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting a research and development activity.” By using our website and making a purchase, you (the Buyer) are representing to us that you are a Technically qualified individual meeting the above definition, who is over 21 years of age. You (the Buyer) are acknowledging that the hazards, physiological and toxicological properties of most of our chemicals have not yet been fully investigated and/or determined. Therefore, all of our chemicals should be handled with the utmost caution when they are used, stored or during disposal. Cymnootropics.com makes no guarantee of any results, and assumes no liability for damage to any person, persons or property resulting from incorrect handling, storage, usage, improper human or animal exposure to, or disposal of our products. Cymnootropics.com is not responsible for conditions and actions which are beyond our control.
Hazardous Material Disposal
When disposing of a chemical, careful consideration must be given to the chemical and physical properties of the compound. It is imperative all national, state and local laws and regulations governing chemical disposal be observed and followed. 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.
Many chemicals in this catalog have been made on a research basis only. Their chemical, physiological, and toxicological properties and hazards have not yet been fully investigated or determined. When possible, hazard class, Merck Index, Chemical Abstract and RTECS Numbers may be provided for some chemicals. Cymnootropics.com does not accept any responsibility for this information’s correctness, completeness, or that it may fully provide all hazardous properties of each chemical. Chemicals may be extremely toxic or otherwise hazardous. The absence of warning as to these conditions cannot and should not be interpreted as an indication of safety. All products should be handled only by individuals familiar with their potential hazards and who have been fully trained in proper safety, laboratory, and chemical handling procedures. SDS will be provided as required by OSHA’s Hazard Communication standard.
No change by Seller of any term or condition of this contract or any of Seller’s rights to remedies hereunder shall be binding on Seller, nor shall the order hereby acknowledged be canceled or changed by Buyer, unless Seller shall expressly consent hereto in writing by Seller’s authorized officer. There are no representations, agreements, promises or understandings between Buyer and Seller that are not expressed herein
Delivery, Claims, Delays, Returns
Unless specified in writing, all sales are FCA Seller’s shipping point. In its discretion, Seller reserves the right to determine the exact method of shipment. Delivery of goods to the carrier at Seller’s plant or other loading point shall constitute delivery to Buyer and regardless of shipping terms, all risk of loss or damage in transit shall be borne by Buyer. Seller reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries. Immediately upon Buyer’s receipt of any goods shipped hereunder, Buyer shall inspect the same and shall notify Seller in writing of any claims for shortages, defects or damages and shall hold the goods for Seller’s written disposition. If Buyer shall fail to so notify Seller within 10 days after the goods have been received by Buyer, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer. Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond Seller’s reasonable control, including without limitation, unsuccessful reactions, act of Buyer, embargo or other governmental act regulation or request affecting the conduct of Seller’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power. Goods may not be returned for credit except with Seller’s written permission, and then only in strict compliance with Seller’s return of shipment instructions.
Allocation of Goods
If Seller is unable for any reason to supply the total demands for goods specified in Buyer’s order, Seller may allocate its available supply among any or all buyers on such basis as Seller may deem fair and practical, without liability for any failure of performance which may result.
Taxes and Other Charges
Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any government authority, on or measured by the transaction between Seller and Buyer shall be paid by the Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge. Due to special handling requirements and the hazardous nature of products sold, additional charges for hazardous packaging and transportation may be added to the invoice.
BUYER’S USE OF PRODUCTS
Seller’s products are intended primarily for laboratory use and, unless otherwise indicated on Seller’s invoice, other writings, or on product labels, are not to be used for other purposes, including, but not limited to as, 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. Buyer acknowledges that the products purchased hereunder have not been tested by Seller for safety and efficacy in a food, drug, cosmetic or pesticide unless otherwise stated by Seller in writing furnished to Buyer. Buyer expressly represents and warrants to Seller that Buyer will properly test, use, manufacture and market any products purchased from Seller 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. Buyer further warrants to Seller that any final articles manufactured from Seller’s 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. Buyer acknowledges that Seller’s products are intended primarily for laboratory use and they may not be on the inventory of Existing Chemical Substances defined pursuant to the Toxic Substances Control Act (TSCA). Seller assumes no responsibility to assure that products purchased hereunder may be used in a commercial application as defined under TSCA. 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 Seller. Buyer also has the duty to warn Buyer’s customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by the seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled, or used as starting material or components of other products, Buyer will verify Seller’s assay of the products. Buyer agrees to indemnify and hold Seller harmless from and against any and all losses, damages and expenses (including attorney’s fees and other costs of defending any action) that Seller may sustain or incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort or other theory of law, by Buyer, its officers, agents or employees, its successors or assigns, and its customers, whether direct or indirect, in connection with the use of Seller’s products, or by reason of Buyer’s failure to perform the obligations herein contained. Buyer shall notify Seller within 15 days of Buyer’s receipt of knowledge of any accident involving Seller’s products resulting in personal injury or damage to property, and Buyer shall fully cooperate with seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others. The furnishing of such information to Seller and any investigation by Seller shall not constitute an assumption of any liability by Seller.
Unless specified differently in writing, Seller warrants that its products shall conform to the description of such products as provided in the Seller’s catalog, or other literature, if furnished to Buyer. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Seller’s warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer has misused the products in any manner or has failed to use the products in accordance with instructions, if any, furnished by the Seller. “Seller’s sole and exclusive liability and Buyer’s exclusive remedy with respect to products provided to Seller’s satisfaction to be defective or non-conforming shall be, in Seller’s sole discretion, (1) the replacement of such products without charge or (2) refund of the purchase price upon the disposition of such products in accordance with Seller’s instructions. BUYER AGREES TO ABIDE BY ALL REQUIREMENTS OF 40 CFR SUBCHAPTER R. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LAW WITH RESPECT TO GOODS SOLD OR TECHNICAL SERVICES RENDERED BY SELLER, OR WITH RESPECT TO ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR CONTINGENT DAMAGES.”