Maxim Pipette Service. (hereinafter called the “Service Provider”) will provide to the Client, Pipette Calibration Services at the Client’s request as agreed to verbally or in writing, by proposal or quotation, between the Service Provider and the Client.
Timescales and Change Requests
The Service Provider will use all reasonable efforts to meet any agreed upon dates for the performance of Services and shall promptly advise the Client of any potential or actual delays. Any changes in the Services to be provided or the agreed performance dates will become effective only upon written agreement between the parties. The Client will provide to the Service Provider in a timely manner, all assistance and information and materials which the Service Provider may reasonably request for the performance of the Services. The Service Provider will not be liable for delays in performance caused by any delay or failure to provide same.
Acceptance and Payment
All prices are subject to change without prior notice.
Services will be deemed to be accepted to Client’s satisfaction upon delivery of the pipettes by the Service Provider. Charges for the Services will be as described in the relevant quotation and unless stated otherwise in the quotation will be on a time and materials basis. All payments are due within 30 (thirty) calendar days from the receipt of the invoice. The Company reserves the right to charge late fees and 5% interest charges on those balances that remain unpaid after this thirty (30) day period. Payments may be in the form of a Purchase Order# or Credit Card.
Confidential Information
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Limitation of Liability
The Service Provider shall provide the Services in a professional manner with due care, skill and competence at a level commensurate with industry standards. The Service Provider ‘s liability to the Client or any third party, for a claim of any kind arising as a result of or related to any product or Service, whether in contract, in tort (including negligence or strict liability) or otherwise, under any warranty, condition or guarantee or otherwise, shall be limited to monetary damages and the aggregate amount thereof for all claims relating to any particular Project or product provided shall in any event be limited to a sum of $400 (Four Hundred Dollars). No action, regardless of form, may be brought by Client more than one (1) year after the events which gave rise to the cause of the action.
Biohazard and Radioactive Contaminants
All pipettes submitted for service MUST be free of all hazardous substances including biological, chemical and radiological substances. Maxim Pipette Service reserves the right to delay or refuse service for pipettes suspect of hazardous contaminants.
On-Site Pipette Service Turnaround Time
Standard lab turnaround time is (1) business days upon receipt of pipettes . Orders requiring service over 100 pipettes, subject to TWO (2) business days turnaround time. Twenty- four (24) hour rush service and weekend service are available with advanced notice with no extra fee for 100 pipettes or more. Please contact us at to arrange for service. On-Site turnaround times are not a guaranteed and not subject to liability claims.
Parts and Repairs
Service Provider uses new or rebuilt parts, which in Service Provider’s reasonable judgment, are of equal performance and quality to new parts. Client will be billed for repairs that exceed $50 in value per pipette (parts and/or labor). Service Provider will notify client in advance for approval for all repairs that exceed $50.00.
Shipping and Handling Charges
Shipments are FOB Shipping Point. Unless Client elects a freight collect shipment, shipping charges plus the applicable Service Provider handling charge will be prepaid and billed as a separate item on the equipment invoice.
Warranty
SERVICE– Service Providers warrants that services will be performed in a workmanlike manner in conformity with standard industry practice. Should any nonconformity be detected within 30 days after the work is completed and prompt notification is made by Client in writing to Service Provider, Service Provider will supply the necessary service, direction or consultation to correct the nonconformity
Service Provider represents and warrants that: Pipettes Calibration will be guaranteed for 1 year from the date of service in normal use. Chemical or abuse to the pipettes will not be covered under the warranty and will be billed.
PARTS – If any part provided by Service Provider proves to be defective in material and/or workmanship within ninety (30) days from the installation date Client will immediately notify Service Provider in writing of such defect. Should any such parts be found defective Service Provider, at its option, will refund the purchase price or modify, repair or supply a replacement part, provided Client agrees to pay reasonable labor, travel time and expenses to and from a service location authorized by Service Provider. Service Provider has the option to have the part returned to it, F.O.B. its factory, or to make such adjustment at the point of installation. Service Provider will accept no responsibility if such part has been improperly operated or maintained or if Client has permitted any unauthorized modifications, adjustments and/or repairs to the part. Parts not manufactured by Company will be covered solely by the warranty of the original manufacturer, if any.
METHODS OF CORRECTION OF DEFECTS DURING WARRANTY – To correct defects Service Provider may attempt to diagnose and resolve the defect on next onsite visit. Service Provider may require return of the product to depot for service. If Service Providers determines on-site work is required, a service technician will be scheduled for on-site work. If Client gives notice of a defect to Service Provider and requests for on-site and Service Provider responds to Client’s notice of defect and no defect is found for which Service Provider is liable, Service Provider shall be entitled to compensation for any work performed and costs it has incurred as a result of Client’s request. .
Termination
Service Provider reserves the right to charge a travel charge for Cancelled Appointments without prior notice
General Provisions
(i) The Service Provider shall not be liable for failure or delay in performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to Acts of God, war, terrorist action, riot, strike, lock-outs, trade disputes, third party delay, accident, fire, flood, storm, natural disaster, shortages, power or environmental failures.
(ii) The agreement between the Client and the Service Provider is personal to both parties and shall not be assigned by one party to a third party without the prior written consent of the other party. The Service Provider undertakes to carry out personally the work defined in the proposal or quotation, and will not subcontract all or part of the work without the prior written consent of the Client.
(iii) The waiver or failure of either party to exercise in any respect any right or remedy pursuant to this Agreement shall not be deemed a waiver of any further rights or remedies.
(iv) The relationship between the Service Provider and the Client is that of independent contractors and nothing in this Agreement shall be construed (a) to give either party the power to direct or control the activities of the other party; (b) to constitute the parties as employer and employee, principal and agent, partners, joint venturers, co-owners or otherwise participants in any joint undertaking; or (c) to allow either party to create or assume any obligations on behalf of the other party for any purpose.
INDEMNITY – Service Provider agrees to indemnify Client and hold it harmless from and against any direct loss suffered and any direct liability to third parties whenever such loss or liability is directly due to bodily injury (including death) to any third party or direct damage to any third party property occurring in the course of, and caused exclusively by, any negligent act or omission by Service Provider on the premises of Client that occurs in the performance of the work contemplated herein. This indemnity shall include reasonable legal fees and settlements of claim or suit. Client shall provide prompt written notice to Service Provider of any actual or anticipated claims against it that might trigger the foregoing indemnity; failure to do so waives Client’s right to indemnification hereunder. Following such written notice, Service Provider shall have the sole and exclusive right to manage the defense of any indemnified claims and shall be authorized to settle or compromise such claims at its sole and exclusive discretion. Client shall cooperate in the defense of all indemnified claims as deemed necessary by Service Provider.
DISCLAIMER OF DAMAGES– IN NO EVENT WILL THE SERVICE PROVIDER BE LIABLE TO CLIENT OR ANY OTHER PARTY FOR ANY TYPE OF SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF OR ARE A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Such damages shall include but not be limited to loss of profits or revenues, loss of use of the equipment or associated equipment, cost of substitute equipment, facilities, down time costs, increased construction costs or claims of Client’s customers or contractors for such damages. Service Provider will not transfer, assign or lease the equipment sold hereunder to any third party without first securing from such party the protection afforded to Service Provider herein.
GATE PASSES – Service Provider[1]’s field service representatives are neither required nor authorized to sign gate passes or similar documents of Buyer’s (howsoever characterized) that include conditions which in any way impose liabilities inconsistent with the limitation of liability stated herein or otherwise modify the undertakings of Company under these terms and conditions.
INSURANCE – Upon request, Service Provider shall provide evidence of insurance in accordance with its standard coverage and limits. Service Provider does not provide third parties direct access to its insurance or give additional rights to its insurance, such as naming additional insured parties.
By scheduling your Appointment, you herby agree to these Terms & Conditions