I. 30 DAY TRIAL PROGRAM
A. All sample products offered on B.E.M.'s thirty (30) day trial program
are offered for the convenience of potential customers so that evaluation
of B.E.M.'s product may be made. It is desired that the sample products
be tested with laboratory animals. Therefore normal wear and tear on the
sample products is to be expected. Thirty (30) days after receipt of the
goods, the sample products must be returned to B.E.M., or full payment made,
or a purchase order placed to purchase the sample products. If the sample
goods are not returned to B.E.M. within forty-five (45) days of receipt,
the sample products will become the property of the laboratory or zoo sampling
the products and B.E.M. will issue an invoice for payment of the sample
B. Only bonafide animal laboratories or zoos within the U.S.A. are eligible
for sample products offered on the thirty (30) day trial program.
II. PAYMENT TERMS
A. Payment of purchased product becomes due and payable thirty (30)
days from date of invoice.
B. An account becomes past due if payment is not received by B.E.M.
within thirty (30) days from date of invoice. All accounts having a past
due balance will be charged a monthly service charge of 1.5% per month.
C. In the event that any invoice now or hereafter due and owing by buyer
to B.E.M. is not paid when due, and Seller is required to retain an attorney
to obtain payment of any invoice, buyer shall be liable for all reasonable
attorney's and/or collection agency fees incurred in connection therewith.
All prices quoted are F.O.B. B.E.M.'s factory at Marysville, Kansas.
All orders are shipped by the least expensive surface method available unless
premium method is requested.
A. No return of purchased product will be accepted by B.E.M. without
prior authorization. You must provide B.E.M. with information regarding
the return (i.e. reason for return, quantity, name of product, invoice or
register number) and a Returned Goods Authorization (RGA) number will be
issued. The RGA number must be written on the outside of the shipping carton
alongside shipping address. Shipping cartons without discernible RGA numbers
on the outside will be refused without recourse. All returns must be accompanied
by a packing slip showing quantities, part numbers, and RGA number.
B. All returns must be carefully packed and shipped freight prepaid.
Collect shipments will not be accepted.
C. All returns, other than samples provided on our thirty (30) day trial
program, are subject to a 20% restocking charge plus reconditioning and
repacking cost if necessary.
D. We reserve the right to refuse returns in the following cases:
Special order items: This refers to any product altered or produced directly
to your specifications.
Quantity sales: If you are buying a large quantity of an item, we assume
that you have previously evaluated its suitability.
Claims for shortages in unopened cartons sealed at B.E.M.'s factory
must be reported to B.E.M. with ten (10) days from receipt of the shipment.
No claims will be allowed thereafter.
VI. CANCELLATION CHARGES
Orders for special or custom product may be canceled provided we are
reimbursed for expenses incurred. Orders for standard material may be canceled
without charge providing request is received prior to manufacturing.
VII. LIMITED WARRANTY.
Subject to the limitations of Section VIII and unless otherwise provided
herein, Seller warrants title and that all goods sold shall conform to Seller's
standard specifications or to the attached specifications, if any. SELLER
MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS
TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER
WITH RESPECT TO THE GOODS, whether used alone or in combination with other
VIII. LIMITATION OF LIABILITY.
A. Within thirty (30) days after receipt of each shipment of goods,
Buyer shall examine such goods for any damage or defect. All claims for
any cause whatsoever shall be deemed waived unless made in writing and received
by Seller within sixty (60) days after Buyer's receipt of the goods. Failure
of Seller to receive written notice of any such claim within the applicable
time period shall be deemed an absolute and unconditional waiver by Buyer
of such claims.
B. BUYER'S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND SELLER'S TOTAL
LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER
SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH
SUCH CAUSE ARISES OR, AT SELLER'S OPTION, THE REPAIR OR REPLACEMENT OF SUCH
GOODS, AND IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE.
The validity, interpretation and performance of this contract and any
dispute connected herewith shall be governed and construed in accordance
with the laws of the State of Kansas. This contract constitutes the full
understanding of the parties, a complete allocation of risks between them,
and a complete and exclusive statement of the terms and conditions of their
agreement. No conditions, usage of trade, course of dealing or performance,
understanding or agreement purporting to modify, vary, explain or supplement
the terms or conditions of this contract shall be binding unless hereafter
made in writing and signed by the party to be bound, and no modifications
shall be effected by the acknowledgment or acceptance of purchase order
or shipping instruction forms containing terms or conditions at variance
with or in addition to those set forth herein.