The following information represents the Terms and Conditions between Nycote® Laboratories Corporation (“Seller”) and all Customers (“Buyer”). In the purchasing of any Nycote® products, the Buyer agrees to all Terms and Conditions inclusively and without exception. Buyer’s purchase order received by the Seller is evidence that the Buyer is familiar with and agrees to all Terms and Conditions.
In order to purchase any Nycote® products, the Buyer must furnish to the Seller a valid purchase order. This purchase order must contain the following information:
Buyer’s name, complete billing address, phone number and contact information
A designated Purchase Order Number for the order
A complete ‘ship to address’ including company name, address, phone number and contact information
A complete and correct listing of the type of Nycote® product to be purchased
Buyer must list a quantity and size of container to be purchased
The correct, and current pricing of the quantity and size of the product to be purchased
Listed on the purchase order must be the Buyer’s listing of the shipper they wish to use and Buyer’s account number with that shipper
If purchase order material is to comply with a specification, that specification number must be listed on the purchase order by the Buyer
Buyer is responsible to correct any errors or omissions on the purchase order when informed by the Seller. Should the Buyer not correct any purchase order errors, Seller reserves the right not to process the purchase order and return same to Buyer.
Seller reserves the right to alter all pricing at any time without notice being given to the Buyer.
Buyer agrees to furnish to the Seller all information required by the Seller to establish payment terms. Once payment terms are established, should Buyer not comply with the terms, Seller has the right to:
Change the Buyer’s terms of payment with Seller notification to the Buyer of the change
Demand that all past due payments are made prior to processing any further orders for the Buyer
Choose not to sell any Nycote® products to the Buyer
Quantity discounts for approved purchase orders are applicable only if entire order is delivered to the same location on the same date.
Notification of Non-Conforming Product
After receipt of any Nycote® order, should the Buyer suspect that the product is non-conforming to, or deviates from, Nycote® specifications, Buyer must notify Seller in writing within 48 hours of this non-conforming condition.
This notification must include:
Packing List Number
Lot or Batch Number
Date of Manufacture (DOM)
Date of Expiration (DOE)
Photographs of the container showing details (two to four above) and of the Nycote® liquid in the container
Documentation as to storage location of the product and temperature within that location
An explanation as to why the Buyer believes the Nycote® product is non-conforming.
After review of the information provided by the Buyer, the Seller agrees that the product shipped does not conform to Nycote® specifications, the Seller will accept the returned material and replace it with conforming product.
Control of Purchased Product
Buyer understands that they have control of the purchased product and as such acknowledges that they will maintain an environment conducive to meeting all specified requirements to include, but not limited to: storage temperature, shelf life limits, and appropriate usage.
Right of Entry
Seller shall be permitted to review the Buyer’s facilities, with the Buyer’s permission, to ensure proper procedures for product protection.
Should Buyer resell any portion of any purchase order of a Nycote® product to an end user, Buyer agrees to furnish the name of the end user to the Seller if requested. If requested by the Seller and not furnished by the Buyer, the Seller reserves the right not to furnish the Nycote® products to the Buyer. Before any resale, Buyer must confirm that a sale of Nycote products to the resale purchaser does not violate any U.S. export or anti-bribery regulations. The resale purchaser must also be notified that the sale and use of the product must be in accordance with U.S. law. Buyer is liable for any violations of U.S. law resulting from any such resales.
Buyer is responsible for all the cost of shipping unless specific agreements have been made directly with the Seller. Once Seller distributes the product order to the shipper designated by the Buyer, the order becomes the property and responsibility of the Buyer. Any problems or issues with the order must be handled by the Buyer. Seller agrees to assist the Buyer whenever possible. Buyer acknowledges that they are responsible for all Seller charges on all orders, regardless of problems that may occur during shipping, this includes but is not limited to self insuring shipments, damages by the shipper, etc.
If Buyer requests shipment of their order by air travel, Buyer is responsible for IATA Fee charged by the Seller. With the Buyer requesting this type of shipment, Buyer acknowledges the acceptance of this fee. If Buyer requests that the Nycote product be shipped to a non-U.S. location, Buyer must verify to Seller that it has all licenses, permits and authorizations that are legally necessary or commercially advisable to import the product into the desired delivery location. For such shipments, Seller may also be required to procure U.S. export licensing and/or authorization, and reserves the right to delay or cancel the purchase if it cannot ship the Nycote product to the non-U.S. location or a non-U.S. customer in accordance with U.S. law.
If Buyer refuses delivery of their shipped order, Buyer agrees to pay all shipping cost to return the order to the Seller and a restocking fee of 50 percent of the orders’ invoiced amount.
Seller, at its own discretion, may elect to furnish a sample(s) to new customers for testing. These samples may be furnished free of charge to the Buyer. Buyer requesting such samples acknowledges and agrees that all other costs required to send the sample, e.g., freight, IATA Fee, etc., are their responsibility.
Seller will not to accept returned material once it has been shipped to the Buyer unless Buyer can verify, to the satisfaction of the Seller, that the product shipped was a non-conforming product.
If the Buyer chooses to return product to the Seller for any reason, Buyer must first request a RMA (Return Material Authorization) from the Seller. Seller, at its own discretion, will determine if any refund is due to the Buyer for the returned items.
Seller agrees to Buyers total confidentiality of all Buyer information, to include but not limited to: contact information, details of orders, specifications, drawing references, part numbers, and accounting information, etc.