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CR Scientific


Please read this entire page carefully.  These are the Terms of Sale for merchandise, and the Terms of Use for this website.


SUMMARY

1.) Merchandise is provided on condition that the sole remedy in any case shall be refund of purchase price.

2.)  You assume full responsibility for anything that may happen in connection with use of merchandise and/or information provided by CR Scientific LLC and/or its representatives.

3.)  You also voluntarily give up certain legal rights you may otherwise have had.  

The full Terms of Sale / Use are detailed below.  Please read them carefully.


Terms of Sale / Use

Please check back here periodically for updates, amendments, and revisions. 


I. Definitions:  The following definitions shall apply throughout these Terms:

"Company" shall mean CR Scientific LLC, whether or not doing business under that name or other name(s).

"Laboratory item(s)" shall include any item whose ostensible use is for scientific, technical, analytical, industrial, and/or laboratory purposes.  Examples include but are not limited to:  glassware, tubing, support stands, clamps, jack stands, hot plates, pipettes, burettes, beakers, flasks, retorts, microscopes, centrifuges, magnifiers, rock / mineral / fossil specimens, and epoxy adhesives.

"Claim(s)" shall mean any type of demand, action, or suit brought against the Company for any reason, whether brought on behalf of the User, any third party, multiple parties, or any combination of these.


II. Provisions & Applicability:


1. Limitation of Warranty;  Disclaimer;  Remedies: 

1a.) Information, Procedures, & Articles:  Although the information on this website is thought by its author(s) to be correct according to the best of his/her/their current knowledge, it is not guaranteed to be free of errors or to be suitable for a particular use.  All information is provided strictly on an as-is and as-available basis.  Some of the procedures on this website can lead to injury, death, and/or loss if they are carried out improperly. 

In any case , the sole remedy available shall be to refrain from accessing this website and from using the information available on this website. 

You furthermore agree to hold harmless, indemnify, and otherwise shield Company (according to the section "Indemnity", below) from any and all Claims.

Derivative Works / Mirror Sites:  The Company accepts no responsibility for information which appears on websites or in other sources not controlled or owned by the Company, even if such information is in some way based on, connected with, referenced by, or partly or wholly identical to information that is provided by the Company or appears on the Company's website(s). 


1b.) Merchandise, Products, & Tangible Items:  Laboratory items, glassware, mineral specimens, and any other tangible goods for sale on this website are sold on an as-is, as-available basis and are not warranted to be suitable for any particular use, except in such case as the manufacturer of that particular item already offers an explicit warranty.  Where a manufacturer has made an explicit warranty, that manufacturer alone shall be responsible for all obligations or claims regarding merchantability and/or fitness of the item(s) for a particlar use.

Any purported use(s) expressed or implied by the Company are merely examples of how the item(s) might be used by qualified personnel wearing proper safety gear and operating under carefully-controlled laboratory conditions in such a way as to shield without harm or otherwise negate any and all potentially harmful outcomes. 

To the extent permitted by law, we hereby disclaim any implied or expressed warranties regarding merchantability or fitness for a particular use, with sole exception being manufacturer-supplied warranties, as mentioned above.   The sole remedy available to the User shall be refund of the purchase price of the item(s) bought by the User.

For all items, misuse (sections 4a. and 4b., below) shall in any case void any and all Claims that may otherwise have been made against the Company.



2.  Indemnity

By using this website and/or purchasing any goods offered or made available by CR Scientific LLC or its member(s), agent(s), or representative(s), You agree to indemnify the Company and its member(s), agent(s), and representative(s), and hold said parties harmless, from & against any claim, expense, demand, suit, or loss arising in connection with use or misuse of the Company's web site(s), information contained on the Company's web site(s), and/or merchandise obtained from or offered by the Company. 

This indemnity shall extend to any claim, expense, demand, suit, or cause of action arising from act(s), error(s), and/or omission(s) in relation to merchandise and/or information that is or was at any time obtained from the Company, its website, and/or its agent(s), employee(s), or representative(s).

Negligence and/or oversight on the part of the Company and/or its agent(s), member(s), or representative(s) shall not invalidate, negate, diminish, or void your agreement to the Indemnity provisions described above.


3.  Children's Use & Classroom Policy :  The articles, procedures, and laboratory items made available by the Company are intended for adults who are competent in laboratory techniques and who are able to evaluate scientific / technical information and check it for errors.  

Where any article, procedure, item, and/or piece of merchandise is described or implied as being suitable for children, supervision by a competent adult is still required.

The Company will not fill an order if there is reasonable and direct evidence that the would-be buyer is a non-qualified person (e.g., a minor acting without suitable adult supervision).  However, it shall be the sole responsibility of the parent(s) or guardian(s) of underage person(s) to prevent such person(s) from placing unsupervised order(s) with the Company, engaging in unsupervised use of merchandise sold by the Company, and gaining unsupervised access to the Company's web site.  Failure of parent(s) or guardian(s) to exercise this prevention and/or supervision may be grounds for legal action by the Company and may furthermore constitute criminal offense on the part of said parent(s) and/or guardian(s).

Though a number of procedures and items available on the Company's website carry special warnings designed to discourage minors or unqualified adults, the lack of such warnings does not absolve you from failure to exercise caution, scientific/technical competence, and good judgement.

3a.)  Classroom Demonstrations:  Any use of the information available on this website or of the merchandise offered on this website in situations where minors are necessarily present, as in a classroom demonstration, must occur only under the most rigorously-supervised conditions.  However, it is still up to You to avoid doing, suggesting, or allowing any procedure which is too dangerous to perform when minors are present. 

You assume any and all responsibility for what may happen. The perceived need or desire to perform a classroom demonstration in no way absolves you of said responsibility.


4. Misuse:  

4a.)  Examples of "Misuse":
Examples of misuse include but are not limited to the following:

Use of laboratory items for food, household, drug, and/or cosmetic purposes.

Failing to wear laboratory safety goggles at all times during use, cleaning, and/or handling of laboratory equipment. 

Failure to prevent access to laboratory items and/or chemical reagents by intruders, animals, unsupervised or improperly-supervised minors, and/or persons who are untrained, uninformed, intoxicated, impaired, mentally incompetent, and/or lacking full motor control.

Failing to conduct all experiments, work, and/or procedures in an appropriate laboratory.

Failing to employ proper techniques and safety gear in such a manner as to prevent injury.  Chemistry and related sciences, though they involve certain dangers, can be done safely. 

Allowing bystanders to be nearby during the use, handling, or cleaning of laboratory glassware.

Heating glassware with a direct flame without using an appropriate method to diffuse the heat (e.g., a "sand bath").

Using laboratory items and/or chemicals in an area in which incompatible materials are stored together or in close proximity to each other (e.g., strong acids near strong bases;  water-reactive chemicals near water or moisture;  strong oxidizers near reducing agents; etc.) shall also be considered misuse.

Using laboratory items in a facility that lacks an emergency eye wash station, an emergency deluge shower, and a laboratory fume hood, depending on additional circumstances. Failing to maintain and use these safety devices where appropriate shall in every case be considered misuse.

Using laboratory items while under the influence of alcohol, narcotics, muscle relaxants, tranquilizers, stimulants, and/or medications which impair judgment, sensory perception, and/or motor control.

Attempting to saw, grind or pulverize radioactive or poisonous materials without proper safety equipment and/or in a manner that causes particles to become airborne or to enter the body.

Producing or attempting to produce explosives, pathogens, illegal drugs, or chemical warfare agents.



4b.) Misuse Policy:  Laboratory items are not intended for anyone who will subject them to misuse or otherwise handle them in a negligent or irresponsible fashion, including (but not limited to) any fashion that causes injury to any person(s). 

You agree to assume the full burden of proof to demonstrate that misuse did not take place in any circumstance that may come into question at any time.

Laboratory items that have been misused not eligible for refund or exchange.  





5.  Availability of Goods;  Refusal of Service:   The Company makes no guarantee that goods offered for sale on this site will be in stock or otherwise available within the timetable requested by the User or any third party.  The Company shall not be liable for any consequence(s) of failure of goods to arrive within the timetable specified, requested, and/or insisted upon by the User and/or any third party, except to the extent of refunding the purchase price to the User upon the User's return of goods to the Company. 

The Company shall not be reponsible for errors in estimating shipment dates or reporting available stock quantities of merchandise. 

Even if the Company provides written estimate or guarantee of delivery date to the User, in no case shall the Company's failure to deliver within specified timetable incur liability beyond refund of the purchase price of the goods ordered.

The Company reserves the right to refuse service and/or cancel order(s) to anyone, at any time and for any reason, without explanation the sole remedy being refund of purchase price.  The Company shall not be required to make any of its web pages or articles unavailable to any specific User(s);  the sole remedy for the User(s) is to refrain from accessing the Company's web site(s).


6. Severability :  If any provision or subsection of these Terms of Use or its application to any person or circumstance is legally negated or otherwise held invalid and/or inapplicable, such condition shall not take away from, negate or render invalid any other provisions or applications which can still be given effect or continue to exist in the absence of the negated provision(s);  thus, the provisions of these Terms of Use are severable. 

In the event that any provision(s) or part(s) of any provision is/are severed, there shall in lieu, at the Company's option, be added a provision as similar in terms to such invalid, stricken, unenforceable, and/or illegal provision(s) or part(s) as possible while still being valid, enforceable, and legal.


7. Amendment & Revision :  The Company may amend, add to, or revise the Terms of Use at any time.  It shall not be necessary for Company to notify you of amendments or revisions.  You must check on these Terms of Use periodically to stay informed of amendments and revisions.


8. Consent & Agreement:  By receiving goods and/or acting on any of the information contained on this website, you signify consent and agreement to these Terms of Sale and Terms of Use


9. Jurisdiction, Venue, and Governing Law:  For purposes of this section, all sales shall be deemed to have occurred in the state where the Company is physically located.  To the extent required by law, this shall determine jurisdiction by court(s) and/or arbitrator(s) over any action, claim, proceeding, or demand which may arise against the Company and / or its founder(s), member(s), officer(s), sales representative(s), or employee(s).  You hereby consent that any disputes, proceedings, actions, and/or claims will be handled by a legal venue of the Company's choosing, unless directly prohibited by statute.

You hereby waive any objection to or choice in the selection of venue or jurisdiction, regardless of what venue or choice of jurisdiction may otherwise have been available to You.

By using this website or accepting delivery of any goods from the Company, you consent to binding arbitration in lieu of court proceedings if the Company so chooses and is not prohibited by statute.  YOU HEREBY EXPRESSLY AND KNOWINGLY WAIVE CERTAIN RIGHTS THAT YOU MAY OTHERWISE HAVE HAD, TO WIT:  THE RIGHT TO BRING LITIGATION THROUGH A COURT OR IN FRONT OF A JUDGE AND / OR JURY;  TO FILE OR PARTICIPATE IN CLAIMS OR SUITS BROUGHT IN AGGREGATE AGAINST THE COMPANY;  TO FILE / PARTICIPATE IN LAWSUITS AND/OR TORT CLAIMS AGAINST THE COMPANY.   THESE RIGHTS ARE HEREBY REPLACED IN WITH BINDING ARBITRATION IF THE COMPANY SO CHOOSES. In addition to the possibility of handling or evaluating any claim, demand, dispute, or complaint brought by the User or any third party against the Company, the arbitration forum chosen by the Company may furthermore settle any question of appropriateness of arbitration.

The Company shall have the right to dismiss immediately and at any time any proceedings which do not conform to the requirements set forth in this section (i.e., "9. Jurisdiction, Venue, and Governing Law").  No action taken by the Company in answering, defending, counter-claiming, or disputing any demand(s), complaint(s), claim(s), or action(s) made against it shall constitute a waiver of this right to dismissal.  If you and/or any third party bring any action, suit, complaint, or proceeding against the Company, you shall be liable to the Company for any attorney fees, transportation and lodging costs, and expenses associated with dismissing the action, suit, or proceeding and/or with transferring it to a venue of the Company's choosing. 


10.  No Assignment or Transfer 
You may not assign or transfer rights or obligations under these Terms to any third party without prior written consent from the Company.


11.  Privacy Policy;  Shipping and Return Policy:   The Company's Privacy and Security Policy is available at http://www.crscientific.com/privacy.html;  the Company's Shipping / Return Policy is available at http://www.crscientific.com/orderinfo.html.  Both of these shall be considered part of the Terms of Sale / Terms of Use agreement;  in other words, by using this website or any merchandise offered for sale on it, you also agree to the Privacy Policy and the Shipping / Return Policy.


12.  Entirety:  The provisions delineated above, together with the Privacy Policy (www.crscientific.com/privacy.html) and the Order Information page (www.crscientific.com/orderinfo.html) shall constitute the entire Terms of Sale and Terms of Use for this web site, for any information available on it, and for any merchandise offered for sale by the Company.  These Terms shall take precedence over all other forms of communication between the Company and You.




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