TERMS AND CONDITIONS OF USE
BIOtech Products, LLC requires that each visitor
(the "User") to the web site ("www.biotech-products.net"
the "Site") comply with BIOtech Products, LLC.
terms and conditions of use. By accessing this
Site, the User acknowledges his, her or its
acceptance of and agreement to these terms and
conditions ("Terms").
GENERAL TERMS AND CONDITIONS
Legal Agreement - Product Sales Terms and
Conditions. The following terms and conditions
apply to your purchase of products from BIOtech
Products, LLC., and supersede all previous
communications, representations or agreements,
either verbal or written, between the parties
hereto with respect to the subject matter
hereof. By placing your order, you agree to be
bound by these terms and conditions, which
constitute the entire agreement between you and
BIOtech Products, LLC., regarding the products
purchased. If these terms are not acceptable,
you should notify Bio-Tec Environmental at once.
Any different or additional terms and conditions
proposed in a purchase order or otherwise are
hereby rejected by BIOtech Products, LLC.and
shall not be incorporated into this agreement.
This Agreement may be amended or supplemented
only by a written document signed by a duly
authorized officer of BIOtech Products, LLC.
Ordering. Your order is subject to
acceptance by BIOtech Products, LLC. and may be
refused for any reason, including credit
concerns, restricted product, unusual volumes or
shipping addresses. Offers to purchase goods or
provide services can be accepted only by an
authorized representative of BIOtech Products,
LLC. Once accepted, BIOtech Products, LLC. may
make partial shipments if some items are on
backorder. By placing the order, you agree that
BIOtech Products, LLC. may make partial
shipments and charge you for any items shipped.
Prices. Prices are based on the quantity
ordered. If you receive a discounted price based
on the quantity ordered and such quantity is
reduced by any subsequent cancellations, returns
or other means, then BIOtech Products, LLC., may
increase the price to reflect the reduced
quantity.
Taxes and Tariffs. You are responsible
for all taxes and tariffs due on any order
including, but not limited to, Value Added Tax,
gross receipts, sales, use, excise or any direct
or indirect tax imposed by any governmental
entity (federal, state or local). If BIOtech
Products, LLC. is required to collect and pay
over any tax, you shall reimburse BIOtech
Products, LLC., for the full amount.
Cancellations. An order may not be
cancelled after it has been processed.
Payment. Terms of payment shall be in
accordance with BIOtech Products, LLC, invoice
and shall be subject to change by BIOtech
Products, LLC, in the same manner as changes in
price. BIOtech Products, LLC, may cancel
deliveries of products if you fail to make any
payment when due. If payment is not made in
accordance with BIOtech Products, LLC’s terms of
payment, you shall pay to BIOtech Products, LLC,
all reasonable costs of collection, including
reasonable attorney’s fees. You are responsible
for any additional credit card charges,
including merchant costs.
Shipping and Title. All orders are
shipped F.O.B. BIOtech Products, LLC’s warehouse
unless otherwise indicated. Title to all goods
passes to you upon delivery of the goods to the
carrier.
Delays. Delivery will be made on or about
the date indicated by BIOtech Products, LLC.
BIOtech Products, LLC, will not be liable for
any delay in the performance of this agreement,
or in the delivery or shipment of goods, or for
any damages suffered by you by reason of such
delay, when such delay is directly or indirectly
caused by, or in any manner arises from, fires,
floods, accidents, riots, acts of God, war or
insurrection, governmental interference or
embargoes (whether by priorities, rationing or
otherwise), strikes, labor difficulties,
shortages of labor, fuel, power, materials or
supplies, transportation delays or any other
cause (whether or not similar to any of the
foregoing) beyond BIOtech Products LLC’s
control. BIOtech Products, LLC, shall have the
additional right if any of the above-mentioned
contingencies occur, at BIOtech Products, LLC’s
option, to cancel in whole or in part, this
agreement without any resulting liability and to
allocate production and deliveries among
customers.
Returns and Restocking Fees. All returns
must be made within 15 days of receipt of goods.
A 20% restocking fee will be applied to all
returns for refund. Shipping charges are
non-refundable.
Limited Warranty. BIOTECH PRODUCTS, LLC,
GIVES NO WARRANTY AS TO MERCHANTABILITY OR AS TO
FITNESS FOR ANY PURPOSE. The sole and exclusive
warranty provided herein is that the goods sold
are warranted to be free from defects in
material or workmanship as established by
BIOtech Products, LLC standards of acceptable
quality.
Limitation of Remedies and Liability. THE
REMEDIES PROVIDED HERE ARE YOUR SOLE AND
EXCLUUSIVE REMEDIES FOR BREACH OF THIS AGREEMENT
BY BIOTECH PRODUCTS, LLC. IN NO EVENT WILL
BIO-TEC ENVIRONMENTAL BE LIABLE TO YOU FOR ANY
DAMAGES, INCLUDING INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR INDIRECT DAMAGES. IN NO EVENT WILL
BIOTECH PRODUCTS, LLC LIABILITY TO YOU EVER
EXCEED THE TOTAL AMOUNT OF MONEY PAID BY YOU TO
BIOTECH PRODUCTS, LLC FOR THE PRODUCTS
PURCHASED.
Proprietary Rights. BIOtech Products, LLC
retains exclusive rights in and to any
proprietary information, data and materials
related to the goods sold hereunder, as well as
rights to all discoveries, inventions, patents
and other proprietary rights that BIOtech
Products, LLC may develop in the course of
manufacturing the goods. You shall not �reverse
engineer� any goods sold by BIOtech Products,
LLC or otherwise attempt to obtain any
proprietary rights of BIOtech Products, LLC.
Governing Law and Venue. This agreement
shall be construed and enforced in accordance
with the laws of the State of New Jersey.
Exclusive venue for any legal action or
proceeding with respect to this agreement shall
be in Morris County. BIOtech Products, LLC is
not responsible for any typographical errors.
BIOtech Products, LLC reserves the right to
change these terms or the prices charged at any
time, so please check each time you purchase.
Severability. If any part of this
Agreement is deemed unreasonable, invalid,
illegal or unenforceable, such part shall be
severable from the remainder of this Agreement,
which shall be enforced according to its terms
irrespective of the enforceability of the
unreasonable part.
Waiver. No term or provision hereof will
be considered waived by BIOtech Products, LLC
and no breach excused by Bio-Tec Environmental,
unless such waiver or consent is in writing
signed a duly authorized officer of BIOtech
Products, LLC. No consent to, or waiver of, a
breach by BIOtech Products, LLC, whether express
or implied, will constitute a consent to, waiver
of, or excuse of any other, different, or
subsequent breach by BIOtech Products, LLC.