- GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason
at any time.
You understand that your content (not including credit card
information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. Credit card information is always encrypted
during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express written permission by us.
The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this
site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the
Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any
modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online
through the website. These products or services may have limited quantities and
are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate - or that the image is a perfect match with the actual product. Therefore, image(s) are not necessarily representative of the individual product.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Product specifications are subject to change without prior notice.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We
may, in our sole discretion, limit or cancel quantities purchased per person,
per household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
SECTION 7 - BILLING TERMS AND CONDITIONS
Purchases may be made via Credit Card, Money Order/Cashier's
Check, or by Purchase order.
If paying by credit card, customer must enter credit card information in
checkout. Credit card will be charge immediately upon purchase. Our website
uses an SSL certified URL. For more information about security, please visit our
Money Order or Cashier's Check
Lab Pro Inc. does not accept personal checks but will accept money orders or
cashier's checks. The check in the full amount (including shipping and tax if
applicable) must be sent to us before we can process the order. Checks must be
made payable to "Lab Pro Inc." and sent to the following address:
Lab Pro Inc.
1290 Anvilwood Court
Sunnyvale, CA 94089
We accept purchase orders from customers but must first be verified at our
discretion. Customer must have a valid institution email address to place
orders with PO. PO payments are due 30 days from when the order is received.
Customer will be sent an electronic invoice to the email listed on the purchase
Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms herein. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys’ fees and costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller’s rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance if Seller believes in good faith that Buyer’s financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars.
Taxes and Other Charges
Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products, all of which taxes and duties must be paid by Buyer.
For more detail, please review our Returns Policy
Product Return Policy All returns must be authorized by Lab Pro and be packed and labeled in accordance with DOT regulations applying to transportation of hazardous materials and in a manner which will preserve the product from any damage in order to insure proper credit. To insure prompt handling, the return authorization number should be placed on the outside of the package and a detailed explanation of the defect enclosed with the Product. Lab Pro will attempt to accommodate all reasonable requests for returns; however, all returned items are subject to a restocking fee.
The following Products cannot be returned:
• Products which cannot be resold or are not in original packaging;
• Products which require refrigeration or are otherwise perishable;
• Products purchased on a Special Order Basis;
• Products not purchased directly from Lab Pro; and
• Products with an expired shelf life; and Products which have been discontinued.
Damaged Shipments - Please inspect your Lab Pro shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an inspection by the carrier. Keep all containers and packing material for inspection. If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within fifteen (14) days of delivery or you will relinquish your right to make a claim. Lab Pro reserves the right to repair a damaged product, where applicable, before replacement or credit is determined
SECTION 8 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which
we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).
We may also, in the future, offer new services and/or features
through the website (including, the release of new tools and resources). Such
new features and/or services shall also be subject to these Terms of Service.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our Service
may include materials from third-parties.
Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for
example contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, 'comments'), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
You agree that your comments will not violate any right of any
third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
Your submission of personal information through the store is
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel orders
if any information in the Service or on any related website is inaccurate at
any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of
Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for
indefinite periods of time or cancel the service at any time, without notice to
You expressly agree that your use of, or inability to use, the
service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided 'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Lab Pro Inc., our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.
Lab Pro warrants to Buyer the following:
i. All products provided to Customer pursuant to this agreement (each a "Product", and collectively, the "Products will meet the manufacturer's specifications for a term equal to the warranty period stated in the Product manufacturer's literature or sixty (60) days, whichever is longer; and
ii. Services provided, if any, will be of the kind and quality designated and will be performed by qualified personnel.
(b) If any Product or service warranted hereunder proves defective or non-conforming, Lab Pro's sole liability and Customer's sole remedy hereunder shall be for Lab Pro, to repair or, at Lab Pro's option, (i) replace (or re-perform the Service), at no cost to Customer, any such defective or non-conforming Product with a non-defective or conforming Product (as applicable) or (ii) credit Customer's account for all amounts paid with respect to the defective or non-conforming Product or Service upon Lab Pro's receipt of the defective or non-conforming Product. In the event of replacement, the replacement Product will be warranted for the remainder of the original warranty period or ninety (90) days, whichever is longer.
(c) However, in no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, or (vi) improper storage and handling of the Products. Any installation, maintenance, repair, service, relocation or alteration to or of, or other tampering with, the Products performed by any person or entity other than Seller without Seller’s prior written approval, or any use of replacement parts not supplied by Seller, shall immediately void and cancel all warranties with respect to the affected Products.
Seller’s warranty shall be limited to Products which are defective or non-conforming, which is defined as a Product which is outside of the manufacturer's defined Product specifications. A defective or non-conforming product does not include Products that fail to meet any fitness of use by Customer or any unique Customer operating conditions or applications.
(d) If you believe a Product falls within our warranty and requires repair or service, please contact Lab Pro for instructions on how to proceed.
The obligations created by this warranty statement to repair or replace a defective Product shall be the sole remedy of Buyer in the event of a defective Product. LAB PRO HEREBY DISCLAIMS ALL OTHER WARRANTIES OR GUARANTEES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Any warranties or claims, expressed or implied, by Lab Pro for its products are valid only if they are sold directly to the buyer by Lab Pro or sold through one of the US or worldwide distributors authorized by Lab Pro.
Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Lab Pro Inc. and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to
the termination date shall survive the termination of this agreement for all
These Terms of Service are effective unless and until terminated
by either you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease
using our site.
If in our sole judgment you fail, or we suspect that you have
failed, to comply with any term or provision of these Terms of Service, we also
may terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision
of these Terms of Service shall not constitute a waiver of such right or
These Terms of Service and any policies or operating rules posted
by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service
shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we
provide you Services shall be governed by and construed in accordance with the
laws of California, USA.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates and changes to
our website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
SECTION 21 - Title and Risk of Loss
Notwithstanding the trade terms indicated above and subject to Seller’s right to stop delivery of Products in transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier; provided, however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be.
(a) Severability - If any term or provision of this Agreement or any application thereof shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms and provisions shall not be affected thereby, but shall remain valid and enforceable.
(b) Applicable Law, Venue - This Agreement is made pursuant to, and shall be construed and enforced exclusively in accordance with, the laws of the State of California (and United States federal law, to the extent applicable), without giving effect to otherwise applicable principles of conflicts of law. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Agreement against any of the parties shall be brought in the courts of the State of California, or, if applicable, in the United States District Court for the Central District of California, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding. In the event of any legal proceeding between the Seller and Buyer relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury.
(c) Time Limitations- Regardless of any contrary statute or law, any suit seeking to enforce any provision of, or based on any right arising out of, this Agreement must be filed within one (1) year from the date that the cause of action arose.
(d) Enforceability - Seller’s failure to enforce, or Seller’s waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision.
(e) Assignment - This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns and designees; provided, however, neither party shall have the right to transfer, assign or delegate its rights or obligations under this Agreement or any portion thereof without the prior written consent of the other party (except that either party may assign this Agreement to a parent, subsidiary or successor corporation without such consent).
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at sales@LabProInc.com.