Terms and conditions for Sale

1. General

In these conditions:

  1. “The Seller” shall mean Iris Analytical Limited or any subsidiary or associated company of either with whom the customer places their order.
  2. “Customer” shall mean any company or any subsidiary or associated company, organisation or person ordering, or accepting a quotation for The Seller’s goods or services.
  3. "Goods" means the articles to be supplied to the Buyer the Seller;
  4. "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
  5. “List Price” means the Price on list of prices of the Goods maintained by the Seller as amended from time to time

These terms and conditions cover all sales of products and services by Iris Analytical in the United Kingdom and in any other country worldwide and any information and advice given whether charged for or not. No variation in these terms and conditions will apply unless agreed by Iris Analytical in writing.

 

2. Specifications

Specifications are believed to be the latest data available and accurate at the time of publication. However, this is a changing world, and specification changes and corrections may be made at any time and without prior notice.

 

3. Quotations and offers

  1. All quotations and offers, written or verbal, are subject to these terms and conditions.
  2. The descriptions and illustrations contained in the Seller’s catalogue, price list, data sheet and advertisements shall not form part of the Contract. Design and construction of the Seller’s products are subject to variation.

 

4. Errors and omissions

Information (including specifications, designs and illustrations) given in any The Seller promotional literature or communication is believed to be accurate at the time of issue. Any typographical, clerical or other error or omission in any

communication issued by The Seller shall be subject to correction without any liability on the part of The Seller.

 

5. Transport and carriage

Despatch of goods will be made by the most appropriate method or as specified by the Customer (subject to all Health & Safety and other relevant regulations being met). A charge shall be made to cover this and the cost of packing materials, cases, etc. Any exception to these charges will be stated in the relevant communication. A charge for carriage and packing will be levied on the first shipment only where The Seller elects, at its sole discretion, to effect more than one despatch to complete the order. Deliveries made on behalf of The Seller shall be made in accordance with The Seller’s terms of delivery and carriage (available on request).

 

6. Prices

Iris Analytical honours published prices worldwide. Current prices are listed on Iris Analytical's web site, irisanalytical.us. Iris Analytical will gladly provide a formal quotation with 30-day price protection. Otherwise, all prices are subject to change without notice.

 

7. Quantity Pricing                          

Quantity pricing is available on many items for volume purchases meeting minimum quantities. Large projects may also qualify for project pricing. Send your shopping list for a guaranteed quotation. Iris Analytical meets competitors' pricing.

 

8. Special Packaging                        

Product prices do not include crating service fees or other special packaging that may be required. All additional packaging costs are indicated on quotations.

 

9. Export Control                              

Iris Analytical strictly enforces all UK laws concerning export of sensitive products. Quotes are issued and orders received with the understanding that the "Ship To" addressee and location provided by you are the final destination of these products for purposes of Department of Commerce export regulations and that you will notify Iris Analytical if there is/are any change/changes.                                

 

10. Shortage or Damage

Upon receipt of any equipment from Iris Analytical, customer shall immediately unpack and inspect for damage or shortage. The customer shall not accept a damaged package or a short shipment until the carrier makes a "damage or shortage" notation on both carrier's and customer's copy of the freight bill or delivery receipt. Service title passes when the shipment is loaded; customer is responsible for filing and collecting a freight claim. Replacement products must be ordered and paid for separately.

Generally, customers can improve the chance of collecting on a freight claim by following these procedures:

  1. Formally requesting immediately upon suspecting damage or shortage that the carrier inspect the shipment to verify condition;

  2. Notifying the carrier upon discovery of concealed damage and requesting an inspection within 15 days of receipt, both in person or phone and following up via mail;

  3. Keeping the shipment as intact as possible, including retaining original packaging material and keeping the product as close to the original receiving location as possible;

  4. In all cases, holding salvage for disposition by the carrier.

 

11. Returning Goods                                              

All returns must be approved by Iris Analytical in writing in advance. Custom items and many special order items may not generally be cancelled or returned. Items authorised for return may carry a restocking fee of 15%. All items accepted by Iris Analytical must be in original condition with original shipping containers such that the goods can be re stocked or re sold. All returns must be returned freight prepaid, FOB Iris Analytical.

Refunds may be full refunds or partial refunds and may include any deduction made for restocking fees. All refunds will be issued within 30 days, providing returned items have been received and invoices have been paid. Iris Analytical may elect to issue return credits against future orders rather than cash refunds.

Before any item may be returned, you must first obtain an RMA number. No returns will be accepted without an RMA. The RMA request should include the following information:

  1. Customer's name and address as it appears on the invoice
  2. Customer's purchase number
  3. Iris Analytical invoice number
  4. Packing tracking number
  5. Quantity, description of the items to be returned
  6. Reason for return

Iris Analytical will evaluate the request and respond with an RMA or decline the request with an explanation. The RMA will specify the shipping method and special labelling and packaging requirements which must be followed to qualify for a credit. Freight collect shipments will be refused. RMAs generally provide for the customer to pay return freight. RMA's expire 15 days from the day issued. Returned goods MUST be shipped within that 15-day period. After expiration, the RMA is not valid and cannot be reissued.

 

12. Items Not Authorised for Return

Custom order items, items not purchased from Iris Analytical, products modified, painted, damaged, used improperly, repaired or carrying special ID labels or name plates and items not in original packaging are not returnable.

 

13. Warranty/Disclaimer                                     

Iris Analytical expressly disclaims all other warranties, expressed, implied or by statute, including the warranty of MERCHANTIBILITY and FITNESS FOR USE. In no event will Iris Analytical be responsible for consequential or incidental damages arising out of the purchase and use of the product concerned. The customer's sole and exclusive remedy for any cause of action arising out of the purchase and use of the product concerned is repair or replacement of the nonconforming products concerned or reimbursement of the purchase price, at the sole option of Iris Analytical Customer's claims shall be deemed waived unless made in writing within ninety (90) days of the date on which the product in question was shipped.

 

14. Country of Origin                                             

The majority of the products Iris Analytical offers are made in USA, Europe, Japan, South Korea, and China. Upon request, Iris Analytical will gladly provide country of origin for any specific product.

 

15. Goods in transit

UK Sales:

The Seller will accept no claim for credit, replacement or repair if the Customer fails to comply with the following requirements:

  1. Non-arrival: Packing notes listing consignment contents are sent with goods but The Seller do not give separate notification of despatch. Receipt of an invoice must be regarded as notification of despatch. If the goods have not been received within 14 days of invoice date The Seller (and the carrier if known) must be informed in writing so that the consignment can be traced or a claim lodged.

  2. Damage and loss: Damage and/or partial loss in transit must be reported in writing to the carriers and to The Seller within 3 days of receipt of consignment. Damaged goods and the packing must be retained in case inspection is required. Subsequently The Seller may require the Customer to return damaged goods. See also 11.

Discrepancies: Any discrepancies (shortages or errors) between goods received, packing notes and the Customer's order must be notified in writing to The Seller within 3 days of receipt.

 

Export Sales:

Unless otherwise agreed in writing the Seller’s responsibility for loss of or damage to, or for the non-arrival of goods, ceases once they are put onto ship, aircraft or other transport for onward transmission to the Customer. In a case where The Seller is not requested by the Customer to arrange insurance of the goods The Seller shall not be obliged to give the notice required by section 32(3) of the Sale of Goods Act 1979 (which relates to the giving by the seller to the buyer of notice to enable the buyer to insure goods which are to be transported).

The Customer shall inspect and test the goods immediately on their arrival and shall, within 14 days, give The Seller notice in writing of any defect or other matter or reason whereby the goods are not in accordance with the contract. If the Customer shall fail to give such notice the goods shall be deemed to be in accordance with the contract and the Customer shall be bound to accept and pay for them.

16. Returned goods

  1. General: In all cases separate notification of despatch should be sent. Until the goods have arrived safely, all liabilities, including carriage, packing and insurance, remain with the Customer for any item sent to The Seller. If the Customer has insured the goods and wishes to be informed of any damage in transit The Seller must be notified and given details of their condition on despatch. In any event all repairs effected will be charged to the Customer. The return of goods is subject to the provisions of conditions 18.b).
  2. Goods under complaint or for credit: Before goods are returned The Seller should be contacted and a Return Merchandise Authorisation (RMA) be obtained which must be quoted on documentation accompanying the goods. In some instances, unwanted and unused goods may be returned, subject to prior agreement by The Seller. Any credit given will be based on the invoice price less a re-stocking charge of not less than 15% of the invoice price and can only be given for goods which arrive in a saleable condition. The re-stocking charge will be at The Seller's discretion and will be advised when the return of goods is agreed.
  3. Goods for repair: Goods sent for repair must be accompanied by an order. Goods sent for a repair quotation must be covered by a letter. The Seller may at is discretion charge for return of the goods to the Customer whether work is carried out or not.

17. Goods on approval, sale or return, or loan

The Customer in accepting goods on approval, on sale or return, or on loan, accepts liability for all damage to or loss of such goods and agrees to recompense The Seller in full for the same. Liability extends to goods in transit if they are returned to The Seller.

Customers, if returning goods, may be requested to return any special packing which has been used, (e.g. custom-made preformed styrene). The Seller reserve the right to charge for any such packing not returned.

18. Installation, maintenance and repair by The Seller

The provision of services of a suitable type and in a suitable position, which are necessary for the installation, is the responsibility of the Customer. Equipment to be installed, maintained or repaired must, by prior arrangement, be available for working on when The Seller’s personnel arrive. Equipment for maintenance or repair must be properly decontaminated. Where services and/or equipment is not available as above The Seller reserves the right to charge expenses for time and/or travelling. This applies to any installation, maintenance or repair undertaken by The Seller whether quoted free of charge or not. The Seller will issue an invoice in respect of delivered products which, should installation be deferred at the request of the Customer, is payable.

19. Order cancellation

Cancellation or part cancellation of an order can only be accepted with The Seller's prior agreement. The Seller reserves the right to recover from the Customer any costs and expenses incurred up to the date of cancellation.

20. Limitation of liability

Except where liability relates to death or personal injury resulting from the negligence of The Seller, its employees or subcontractors or agents, The Seller's liability arising out of any breaches of contract shall be limited to the invoice value of the goods or services supplied and in no event shall The Seller be liable for the following loss or damage howsoever caused:

  1. Economic loss which shall include loss of profit, business revenue and goodwill,

  2. Damage in respect of indirect or consequential loss or damage (other than direct physical damage to tangible property of the Customer caused by the negligence of The Seller, its employees, agents or sub-contractors to the extent that The Seller is legally liable for the negligence of such person or persons),

  3. Any claim made against the Customer by any other party.

21. Infringement of patents, registered designs etc.

Where goods are supplied to special order the Customer will indemnify The Seller against any claim made as a result of using a specification or design stipulated by the Customer. Whilst all goods are supplied in good faith The Seller can give no undertaking that use or sale of goods supplied will not cause the Customer to infringe letters patent or other rights.

 

22. Health, Safety and Liability

Risk in products will pass at the time of delivery to the customer. The customer is responsible for unloading and transporting large and/or heavy items from delivery vans.

In view of the hazards of certain chemicals and apparatus the customer must ensure that the products purchased are in a safe condition and that a safe system of work is in place taking into account all available information. None of the products sold are intended for human consumption unless otherwise clearly stated.

In view of the wide range of uses of chemicals and apparatus, the customer will be solely responsible for determining the suitability and specification of products, services, information and advice for its purposes. Iris Analytical has the right, without notice, to supply product of different specifications, sources, and pack size to that published or ordered. The customer is required to ensure that that the uses of any products supplied by Iris Analytical do not infringe third party intellectual property rights.

In view of the above, liability of Iris Analytical for any loss or damage suffered by a customer and arising by reason of defects in the products or otherwise howsoever is limited to the invoice price of the products in respect of or in relation to which loss or damage is claimed. Any liability accepted by Iris Analytical under these terms and conditions is in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the products and save as provided in these terms and conditions Iris Analytical will not be under any liability, whether in contract, tort, breach of statutory duty or otherwise in respect of defects in products delivered or for any injury (other than death or personal injury caused by Iris Analytical negligence as defined in the Unfair Contract Terms Act 1977) damage or loss resulting from such defects or from any information, service or advice provided by Iris Analytical or its employees, contractors or agents. In no event shall Iris Analytical be liable for any consequential loss whether or not resulting from force majeure. The customer indemnifies Iris Analytical against any claims from its employees, contractors or agents.

 

23. Force Majeure

Neither party shall be liable for any circumstances beyond their reasonable control.

 

24. Delivery

Whilst every effort is made to adhere to delivery dates, no liability whatsoever can be accepted for lateness of non-delivery howsoever arising. Deliveries offered ex-stock are subject to goods being unsold at the date of receipt of the Buyers order. The Seller reserves the right to charge for delivery unless otherwise agreed and stated in writing in respect of individual transactions. Liability for any loss or damage in transit howsoever caused is not under any circumstances admitted to the Seller.

 

25. Delay

Whilst every effort will be made to adhere to delivery dates, delay or failure to maintain a delivery date shall not entitle the Buyer to rescind or cancel any order or withhold any payment that may be due.

 

26. Additional Charges

In view of the cost of servicing and handling small orders, the Seller reserves the right to apply a minimum order charge in its absolute discretion.

 

27. Cancellation

The Seller shall be under no obligation to accept amendment, cancellation or rescission of any order or any part thereof, but may nevertheless agree in writing to such amendment, cancellation or rescission upon whatever terms and conditions it chooses to impose.

 

28. Warranty

Goods are only guaranteed to the extent of the guarantee (if any) given to the Seller by the actual manufacturers, all other conditions, statements and warranties, express or implied, statutory or otherwise on the part of the Seller are hereby excluded.

 

29. UK Orders

  1. Prices: All prices shown in this catalogue are net ex works exclusive of VAT. The seller reserves the right to vary such prices at any time where currency fluctuations, changes in duty or Material costs have occurred. Any typographical, clerical or other errors may be corrected without liability on behalf of the seller.
  2. Terms of Payment: Payment for all orders must be made in advance unless terms have been previously agreed.
  3. Carriage: Unless otherwise agreed and stated in writing the Seller reserves the right to charge for carriage irrespective of the mode of delivery.
  4. Cases and Containers: These, where chargeable, will be invoiced to the Buyer and will only be credited if returned in a condition acceptable to the Seller and with carriage paid to the Seller's warehouse within 30 days from receipt by the Buyer. Charges for cases and containers must not be deducted when paying invoices unless cancelled by a credit note.
  5. Damage and/or Loss in Transit: All goods conveyed by transport other than the Seller's own shall be at the risk of the Buyer and no liability for loss of or damage to goods in transit is accepted by the Seller. Any carrier and the Seller must be notified in writing of any shortages, errors, breakages, loss or damage and such other notification must be received by the Seller and any carrier within 3 days of receipt of goods by the Buyer and of non-delivery within 14 days from the date of advice of despatch, this is an absolute requirement and failure to comply with these conditions will invalidate any claim.

 

30. Export Orders

  1. Orders: No order can be accepted unless all necessary arrangements have been made to the satisfaction of the Seller regarding import and export licences and for the provision of payment.

  2. Terms of Payment: Payment for all orders must be made in advance on a proforma invoice basis.

  3. Delivery and Delay: All orders for overseas shipment are accepted in accordance with the conditions herein before contained, it being understood and agreed that delivery time is the Seller's estimate of the time by which it can have the necessary goods ready packed for shipment. The Seller cannot accept any responsibility for delays in despatch caused through non-availability of shipping space and/or other causes beyond its control.

31. Damage and/or Loss in Transit and Insurance:                                                                              

The Seller accepts no responsibility for goods shipped uninsured and shall not be obliged to claim in respect of damage or loss where, at the Buyer's request, insurance arrangements have been made other than the Seller's own open cover with its insurers for the time being.

Unless the Seller is specifically instructed otherwise, goods will be insured only against loss or damage in transit for the C.I.F. value plus 10 per cent.

The following claims procedure must be complied with by the insured or their agents when cover is arranged with the Seller's Insurers:-

  1. Report claims immediately to the Agent of the Insurer shown on the Insurance Certificate.
  2. Claim on carrier, Port Authority or any negligent party for damage or omissions.
  3. Apply immediately for survey in the docks by carrier's representative if any loss or damage is apparent at the docks.
  4. In no circumstances give a clear receipt for goods when they are in doubtful condition except under written protest to that effect which protest must be endorsed upon the receipt together with a statement to the effect that such receipt is being given without prejudice to any rights of the Seller, the Buyer or the Insurers of either party whether such rights be expressed or implied, statutory or otherwise.
  5. Give written notice to carrier's representative within three days of delivery if loss or damage was not apparent at time of delivery.
  6. Send all correspondence to carrier or other negligent parties when submitting claim to the Insurers.
  7. Extension of Cover will be necessary if the ordinary course of transit from ship to destination takes more than 60 days or if the Buyer interferes with the ordinary course of transit. The Seller's Insurers or their agents must be advised immediately in such circumstances and all additional premiums paid.

32. Import Licences

Where applicable, Buyer's order must specify the number, date of expiry and value of the Import Licence. It shall be the Buyer's responsibility to obtain all necessary Import Licences.

 

33. Bank Charges, Special Documentation, Fees & Duties

All consular and bank charges, import and customs duties and any taxes arising from or by virtue of the contract are the liability of the Buyer.

 

34. Copyright                                       

Copyright © 2015 - 2016 Iris Analytical

All rights reserved in all countries.

Copyright contents may not be reproduced in any manner without prior written permission of Iris Analytical.