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Delivery

Delivery Policy

Unless otherwise agreed in writing:

  •  all Products will be delivered to the address specified by the Customer;

  • ChemDiv will be responsible for arranging loading, carriage, transport, unloading and for clearing the Products for export;

  • ChemDiv will be responsible for paying all costs relating to loading, carriage, transport, unloading and export of the Products (subject to reimbursement); and

  • risk in the Products will pass from ChemDiv to the Customer when the Products are dispatched to the Customer (whether dispatched by ChemDiv or by a third party).

Unless otherwise agreed in writing, the Customer will be responsible for clearing the Products for import into the destination jurisdiction, and for paying (directly to the relevant authorities) any applicable import taxes and duties. 

If the parties agree, or if Product availability means that a single delivery is in ChemDiv's opinion impractical or undesirable, the delivery of the Products under a Contract will be by instalments. In these circumstances, each instalment will constitute part of a single Contract, and not separate contracts. A delay in the delivery of any part of a Contract's Products will not relieve the Customer of its obligation to accept each delivery. 

ChemDiv shall aim to delivery Products to the Customer on or around the estimated delivery date or dates specified by ChemDiv during the checkout process or quotation process, but does not guarantee that the Products will be delivered on that date or those dates.

  • Compounds for small selections (<100 items) are shipped on the next business day upon the confirmation of Customer’s Purchase Order (PO). Any larger selection of Compounds will be shipped within 1-3 weeks after the confirmation of the Customer’s Purchase Order.

  • Unless otherwise agreed by ChemDiv and Customer, all shipments of Compounds shall be DAP Moscow via international courier service or DAP San Diego via US domestic courier service, to the Customer's specified delivery location. Freight for DAP delivery will be added to invoices. Freight, insurance, EX-IM duties, and a handling fee will be added to invoices. Handling fees depend on the format and shipping containerage required. Any deviation from these INCOTERMS requires explicit written acceptance of alternative terms by ChemDiv.

  • ChemDiv will supply the Customer with analytical and electronic inventory data with each shipment.

  • All Compounds shall be packaged with plastic foam for each plate/box of vials. Each plate/box of vials shall be sealed separately, bar coded and labeled according to the Customer requirements. Each box in the shipment will be labeled with the Customer and ChemDiv address and proper handling marks (TOP, BOTTOM, FRAGILE, HANDLE WITH CARE).

  • After dispatch of shipments, ChemDiv will notify the Customer of the courier tracking number, total number of shipped samples, number of boxes and other relevant information for each particular shipment.

Inspection and returns

Within 10 days following the delivery of Products, the Customer must inspect those Products and notify ChemDiv in writing of any shortage or defects in, or damage to, those Products. If the Customer fails to notify ChemDiv of any such matter within this 10 day period, the Products shall be conclusively deemed to conform to the terms of the Contract, and to have been irrevocably accepted by the Customer.

If Products do not comply with any warranty given by ChemDiv under a Contract, and the Customer has notified ChemDiv within 10 days, the Customer may with the prior agreement of ChemDiv return those Products to ChemDiv or dispose of those Products in accordance with ChemDiv' instructions, for (at the option of ChemDiv):

  • replacement Products;

  • a credit note in respect of the price of the Products (including charges paid by the Customer to ChemDiv in respect of the delivery and handling of the Products) (such credit note to be offset against future purchases from ChemDiv); or

  • a refund of the price of the Products (including charges paid by the Customer to ChemDiv in respect of the delivery and handling of the Products), plus, where the Products are returned to ChemDiv with the prior agreement of ChemDiv, a full credit of the reasonable costs of returning the Products. 

Products returned must be:

  • properly packed by the Customer in accordance with ChemDiv's instructions;

  • sent by appropriate delivery means in accordance with ChemDiv's instructions; and

  • returned to the address and in accordance with any timetable specified by ChemDiv (or, if no timetable is specified, within 10 days following ChemDiv consenting to the return of the Products).

Any Products returned in contravention of the provisions this Clause 9 will not be the subject of any credits or replacements or other remedies, and where applicable the Customer will continue to be liable for payment of the price of such Products.

For the avoidance of doubt, the "Guarantee" document published on the ChemDiv website does not apply to the sale of Products directly by ChemDiv.

Product Liability Claims

The Customer will:

  • promptly notify ChemDiv upon becoming aware of any accident involving the Products or any incident involving the Products that may give rise to a Product Liability Claim;

  • promptly notify ChemDiv upon becoming aware of a Product Liability Claim; and

  • provide to ChemDiv all reasonable assistance in relation to any actual or potential Product Liability Claim, including making available to ChemDiv all statements, reports and tests made by the Customer or made available to the Customer by a third party.

 

Limitations and exclusions of liability

  • limit or exclude the liability of a party for death or personal injury resulting from negligence;

  •  limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party;

  • limit any liability of a party in any way that is not permitted under applicable law; or

  • exclude any liability of a party that may not be excluded under applicable law.

The limitations and exclusions of liability set out and elsewhere in these Terms:

  • are govern all liabilities arising under the Contract or in relation to the subject matter of the Contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

  • ChemDiv will not be liable in respect of any loss of profits, income, revenue, use, production or anticipated savings.

  • ChemDiv will not be liable for any loss of business, contracts or commercial opportunities.

  • ChemDiv will not be liable for any loss of or damage to goodwill or reputation.

  • ChemDiv will not be liable in respect of any loss or corruption of any data, database or software.

  • ChemDiv will not be liable in respect of any special, indirect or consequential loss or damage.

  • ChemDiv will not be liable for any loss or damage resulting from incorrect handling, storage, usage or disposal of the Products.

  • ChemDiv will not be liable for any losses arising out of a Force Majeure Event.


Force majeure

Where a Force Majeure Event gives rise to a failure or delay in ChemDiv performing its obligations under a Contract, those obligations will be suspended for the duration of the Force Majeure Event.

Where ChemDiv becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under a Contract, ChemDiv will notify the Customer.

ChemDiv will take reasonable steps to mitigate the effects of the Force Majeure Event.

For the avoidance of doubt, the Customer will have no right to terminate a Contract on the grounds that its performance has been delayed by a Force Majeure Event.

 

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