Terms and Conditions
1. Acceptance-Buyer's placement of this order shall create a contract subject to and expressly limited by these terms and conditions. Acceptance may only be made on the exact terms and conditions hereof and if additional or different terms are proposed by Buyer, such response shall constitute a counteroffer. THE TERMS OF THIS CONTRACT SHALL SUPERSEDE ANY CONFLICTING TERMS CONTAINED ON BUYERS PURCHASE ORDER OR ANY DOCUMENT OR INSTRUMENT SUBMITTED BY BUYER.
2. Prices, Taxes and Payment - All prices are firm unless otherwise agreed to in writing. Wyvern Scientific Inc. (“Wyvern”) reserves the right to change the prices and specifications of its Products at any time without notice. Any tax, duty, custom or other fee of any nature imposed upon this transaction by any federal, state or local governmental authority shall be paid by Buyer in addition to the price quoted or invoiced. In the event Wyvern is required to prepay any such tax, Buyer will reimburse Wyvern. Payment terms shall be net 30 days after shipment. An interest charge equal to 1 1/2% per month (18% per year) will be added to invoices outstanding beyond 30 days after shipment. In addition Wyvern reserves the right to require C.O.D. payment terms from any Buyer whose account is overdue for a period of more than 60 days or who has an unsatisfactory credit or payment record. Wyvern may also refuse to sell to any person until overdue accounts are paid in full.
3. Delivery and shipment - Wyvern will make every effort to ship the Products or provide the services hereunder in accordance with the requested delivery date, provided, that Wyvern accepts no liability for any losses or for general, special or consequential damages arising out of delays in delivery. Shipment of all Products shall be F.O.B. point of distribution by Wyvern; identification of the Products shall occur when they leave Wyvern’s point of distribution, at which time title and risk of loss shall pass to Buyer.
CLAIMS OF LOST OR DAMAGED PRODUCTS IN TRANSIT SHALL BE FILED BY THE CUSTOMER DIRECTLY TO THE CARRIER.
All shipment costs shall be paid by Buyer and if prepaid by Wyvern the amount thereof shall be reimbursed to Wyvern.
Shipment costs are subject to adjustment by Wyvern Staff before order processing. Buyers will be notified of, and accept, any changes to shipping costs before order is processed.
4. Inspection - Buyer shall be responsible for inspecting all Products shipped hereunder prior to acceptance, provided, that if, Buyer shall not have given Wyvern written notice of rejection within 30 days following shipment to Buyer, the Products shall be deemed to have been accepted by Buyer.
5. Wyvern’s Standard Warranty
Wyvern Scientific Inc. (“Wyvern”) warrants its products will meet their applicable published specifications when used in accordance with their applicable instructions for a period of one year from shipment of the products. WYVERN MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The warranty provided herein and the data, specifications and descriptions of Wyvern products appearing in Wyvern’s published catalogues and product literature may not be altered except by express written agreement signed by an officer of Wyvern. Representations, oral or written, which are inconsistent with this warranty or such publications are not authorized and if given, should not be relied upon.
In the event of a breach of the foregoing warranty, Wyvern’s sole obligation shall be to repair, replace or give credit, at its option, the applicable product or part thereof, provided the customer notifies Wyvern promptly of any such breach. If after exercising reasonable efforts, Wyvern is unable to repair or replace the product or part, then Wyvern shall refund to the customer all monies paid for such applicable product or part. WYVERN SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR ANY OTHER DAMAGES RESULTING FROM ECONOMIC LOSS OR PROPERTY DAMAGE SUSTAINED BY ANY CUSTOMER FROM THE USE OF ITS PRODUCTS.
6. Returned Goods - No Products shipped under this contract may be returned without the express prior authorization of Wyvern. All returns of Products are subject to a 25% restocking charge and must in the original un-opened packaging. All authorized returned goods must be shipped prepaid by the customer FOB our warehouse. No returns will be authorized after 30 days following shipment to Buyer.
7. Agents, etc. - No agent, employee or other representative has the right to modify or expand Wyvern’s standard warranty applicable to the Products or to make any representations as to the Products other than those set forth in Wyvern’s 's product literature and any such affirmation, representation or warranty, if made, should not be relied upon by Buyer and shall not form a part of this contract.
8. Error and Omissions : Wyvern offers no warranty and will not assume liability for typos or out dated information including pricing on any printed or web materials. Since our vendors are subject to change pricing without prior notice we must also reserve this rights.
9. Governing Law - This contract shall be governed by and construed in accordance with the laws of the Province of Ontario.