Website Terms And Conditions

By doing business with ChemPoint.com, Company agrees to the following ChemPoint.com Terms and Conditions, which govern the use of the Site and orders placed through it. Please read them.

Agreement to Deal Electronically Obligation for Orders Placed with Company's Password License to Use Site Orders Subject to Company Consent to Purchase Agreement Terms & Conditions Warranties & Warranty Disclaimer Regarding Product Acquired at the Site and Information Provided in Connection with Orders Security & Privacy Exclusive Remedy; Damage Exclusions & Limitations Company Representations & Warranties Indemnity Links to Third Party Sites Washington Law and Washington (King County) Forum Feedback Offers to Order, Subject to Availability, Shipping & Cancellation Payment; Credit for Refunds & Pricing Geographical & Export Restrictions Changes to these Terms & Conditions Miscellaneous; Entire Agreement
This is a legal agreement between ChemPoint.com and the company placing orders on this Site ("Buyer", "Company"). Company's activities and acquisitions at this Site are governed by these Term & Conditions and the conditions, notices and consents that are provided or obtained in connection with the Site (collectively "Agreement"). BY USING THE SITE OR BY PLACING AN ORDER THROUGH IT, COMPANY AGREES AS FOLLOWS:

1. Agreement to Deal Electronically

Transactions at the Site are conducted electronically and Buyer agrees that ChemPoint.com may deal with Buyer electronically for all aspects of use of the Site, including sending Buyer electronic notices and other disclosures. However, delivery of electronic notices is not infallible, so if Company is uncertain or needs information about the Site or a transaction - please contact ChemPoint.com. Buyer agrees to keep all records relating to its transactions and to print or make an electronic copy of this Agreement. Except as prohibited by law, Buyer waives any law requiring different communication methods in connection with any transaction initiated electronically at the Site. ChemPoint.com reserves the right to deliver notices and disclosures to Company by other means such as postal mail. [ top ]

2. Obligation for Orders Placed with Company's Password

If an order is placed at the Site with Buyer's password, ChemPoint.com will assume that it has either been placed by Buyer or by someone authorized by Buyer to place the order. Buyer agrees that ChemPoint.com may make that assumption and that it will be obligated for that order. [ top ]

3. License to Use Site

ChemPoint.com hereby grants Company the right to view and use the Site solely for the purpose of placing orders in accordance with this Agreement. ChemPoint.com reserves the right to suspend or deny, in its sole discretion, Company's access to all or any portion of the Site with or without notice. [ top ]

4. Orders Subject to Company Consent to Purchase Agreement Terms & Conditions

ChemPoint.com is a reseller of chemicals. ALL ORDERS ARE SUBJECT TO COMPANY's CONSENT TO ANY PURCHASE AGREEMENT TERMS & CONDITIONS AND SPECIAL INSTRUCTIONS DELIVERED WITH ANY ORDER. If Company does not agree to those terms once Company has received them, Company may return the product within thirty (30) days of the date the order is delivered. [ top ]

5. WARRANTIES & WARRANTY DISCLAIMER REGARDING PRODUCTS ACQUIRED AT THE SITE

ChemPoint.com may provide a manufacturer's warranty for certain products but not all products come with a warranty. For example, ChemPoint.com does not provide any warranties for products that it does not manufacture. UNLESS COMPANY IS PROVIDED WITH A LIMITED WARRANTY THAT APPLIES TO THE PARTICULAR PRODUCT ORDERED, ALL PRODUCTS ARE SUPPLIED AS IS, WITHOUT WARRANTY OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. ChemPoint.com provides no warranties for the Site, including without limitation any information accessible on the Site, which is provided AS IS, AS AVAILABLE and with ALL FAULTS. ChemPoint.com disclaims all other implied warranties and common law duties including but not limited to any (if any) implied warranties of merchantability or quality, fitness for a particular purpose, accuracy or completeness of information, reasonable care or workmanlike effort to achieve any particular purpose, or lack of negligence or viruses, all with respect to the Site. Also, there is no warranty of title or against interference with Company's enjoyment of the Site, including without limitation any information available on it, or against infringement in connection with the Site. [ top ]

6. Security & Privacy

This Site uses SSL and other technology to help keep the transactions on this Site secure. ChemPoint.com may use the information collected at this Site to operate the Site, to complete the transactions conducted at the Site, to create and maintain records in connection with those transactions, to enforce or investigate contracts and legal claims arising in connection with those transactions, for marketing and promotional purposes and any other use permitted by law. [ top ]

7. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS

Company's exclusive remedy against ChemPoint.com in connection with any order placed on the Site is limited to replacement or refund with respect to the product in question, at ChemPoint.com's option and subject to applicable law. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, COMPANY WILL ONLY BE ENTITLED TO THE DIRECT DAMAGES THAT ACTUALLY INCURRED IN REASONABLE RELIANCE, UP TO THE AMOUNT OF A REFUND OF THE PRICE (PLUS SALES TAX) PAID FOR ANY PRODUCT ORDERED. COMPANY WILL NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF CHEMPOINT (OR ANY SUPPLIER), OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF CHEMPOINT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. [ top ]

8. Company Representations & Warranties

Company represents and warrants that all information submitted to the Site is true, accurate and current and that it will not use the Site for any unlawful purpose. [ top ]

9. Indemnity

Company agrees to defend, indemnify, and hold ChemPoint.com, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Company's breach of any representation, warranty or covenant in connection with this Agreement. [ top ]

10. Links to Third Party Sites

As a convenience, ChemPoint.com may provide links to third party web sites from the Site. ChemPoint.com does not control any third party web site and is not liable for any technological, legal or other consequences that arise out of Company's visit or transactions there. Any transaction conducted will be between ChemPoint.com and the third party site chosen - at Company's own risk. This means that ChemPoint.com is not Company's agent and will not be a party to any Company contract with a third party site. ChemPoint.com does not recommend or endorse any third party site. [ top ]

11. WASHINGTON LAW AND WASHINGTON (KING COUNTY) FORUM

This Agreement is governed by the law of the state of Washington, U.S.A. The parties consent to jurisdiction of and venue in the courts in King County Washington, U.S.A. in all disputes arising out of or in connection with this Agreement. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. ChemPoint.com's performance of this Agreement is subject to existing laws and legal process, and Company agrees that ChemPoint.com may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. [ top ]

12. Feedback

Any comments or information that Company provides to ChemPoint.com, for example feedback or ideas in response a survey regarding the Site, suggestions, ideas, concepts, or other information (collectively, the "Submissions"), are hereby deemed the property of ChemPoint.com. None of the Submissions are subject to any obligation of confidence on the part of ChemPoint.com, and ChemPoint.com will not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, ChemPoint.com will exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and will be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions. [ top ]

13. Offers to Order, Subject to Availability, Shipping & Cancellation

All offers made by Company to purchase products via the Site are subject to availability and are only available for acquisition and shipment in the U.S. All prices and availability of products are subject to change without notice. ChemPoint.com reserves the right to reject any and all offers. Subject to applicable law, ChemPoint.com reserves the right to deliver products acquired as part of Company's order at different times in the event that they are not available for shipment at the same time. All orders placed through this Site are shipment contracts, not destination contracts. Shipping and handling charges may or may not reflect actual costs and may be amended by ChemPoint.com from time to time. Company may cancel all or any part of an order prior to designation on the Site that the product has been "Picked" on the Order History Details page. [ top ]

14. Payment; Credit for Refunds & Pricing

Unless Company has been approved for a credit-line with ChemPoint.com pursuant to a credit application approved by ChemPoint.com, only valid credit cards acceptable to ChemPoint.com may be used for orders placed at the Site. By submitting an offer for processing, Company authorizes ChemPoint.com to charge Company's credit line or credit card (as applicable) for each order (including taxes, shipping, handling and any amounts described on the Site before order submission). If Company's credit line has been suspended or the credit card cannot be verified, is invalid, or is not otherwise acceptable, Company's order may be suspended or cancelled automatically. Company agrees to update credit card information to keep it current at all times. Company must resolve any problem with its credit-line or credit card (as applicable) before ChemPoint.com will process any order. [ top ]

15. Geographical & Export Restrictions

Products obtained from ChemPoint.com may only be shipped to customers who reside in the United States. Company represents and warrants that all products obtained from ChemPoint.com, and any accompanying documentation or technical information, is subject to applicable export control laws and regulations of the United States Government. Company agrees not to export any product ordered via this Site directly or indirectly, to any country not permitted by United States export restrictions. [ top ]

16. Changes to these Terms & Conditions

This Site is like a store: every time a customer enters a store the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at this Site, Company is bound by the version of this Agreement that is in effect on the date of the visit or order. The terms of this Agreement may change from time to time and Company is advised to review them each time it places an order. [ top ]

17. Miscellaneous; Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect. The Agreement (including any related consents or agreements that Company provides during a visit to the Site) together with any Purchase Agreement Terms & Conditions delivered in connection with any product acquired via the Site, constitutes the entire agreement between Company and ChemPoint.com with respect to the Site and that product, and supersedes all other (prior or contemporaneous) communications, displays or proposals, whether electronic, oral or written, between Company and ChemPoint.com regarding the Site and any order Company places through it. [ top ]