TERMS AND CONDITIONS
NOTE: ALL SALES OF POLYMER AND POLYMER-BASED PRODUCTS ARE SUBJECT TO THESE TERMS AND CONDITIONS. OUR ACCEPTANCE OF YOUR PURCHASE ORDER OR REQUEST IS CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY TERMS AND CONDITIONS CONTAINED IN ANY PURCHASE ORDERS (OR OTHER INSTRUMENTS) THAT YOU PROVIDE US WHICH ARE IN ADDITION TO OR INCONSISTENT WITH THESE TERMS AND CONDITIONS SHALL NOT BE BINDING ON US AND SHALL NOT APPLY TO THIS TRANSACTION.
All prices quoted herein are for immediate payment by credit card, F.O.B. West Lafayette, IN, and do not include taxes and custom duties. In some cases, purchase may be subject to credit approval. Akina Inc. retains the right to change or withdraw credit terms without notice and to terminate any order when invoices for work done thereon have become delinquent
2. Minimum Order
Minimums will be established on an order by order basis..
The specified delivery date is a good faith estimate of when the product will be shipped based on laboratory/manufacturing loads. We assume no liability for loss, damage or consequential damages due to delays.
All shipments are F.O.B. West Lafayette, IN U.S.A.
Additional charges will be applied to the order to cover costs accrued through shipping, handling, and packaging on an order by order basis.
We assume no responsibility for damage, delay, or spoilage after delivery has been made to the carrier agent.
All claims for damages, etc. should be made to the responsible carrier.
International Shipments: The products will ship from USA to your country. Akina, Inc. is not responsible for duties and taxes. Our sales department will send international customers a required Duties & Taxes Form to be filled out and emailed back to Akina, Inc., that will be attached to the outside of the shipment for customs to review. The order will be delayed to ship until our sales department receives this document. Starting from October 1, 2017, Akina does not accept international checks as a form of payment. Credit card orders require card approval prior to shipping.
Fulfillment of your order entitles you to receive the materials ordered and, when applicable, an accompanying certificate of analysis. Unless otherwise agreed to in writing by us, you are not entitled to any proprietary information relating to the products purchased hereunder or their manufacture thereof, including without limitation analytical methods, manufacturing batch records, or intellectual property. No rights or licenses to any of our intellectual property rights are granted hereunder expressly or by implication.
6. Customer Request Terms
Customers may request a new item and if authorized may ask for it to be made as a "customer request" item.
Item generated will be
7. Custom Synthesis
For a custom synthesis of any item to proceed you must submit a non-refundable deposit of 50% of the net cost for the intended purchase quantity. Akina shall then in good-faith attempt to generate the desired item, note that successful synthesis can not be guaranteed in terms of yield/qualities/ and other parameters. Once item is generated this deposit will be credited towards your purchase of this item. If you opt not to purchase the generated item Akina retains the deposit to cover development/synthesis costs. Other materials not listed on the catalog and for which either the material will not be listed as a new product or where the customer requires exclusivity can be generated under custom synthesis. Terms for custom synthesis will be determined on a case-by-case basis but will generally be treated as a research project in which the generated material, of a pre-designated theoretical batch yield, will be provided in its entirety as the batch regardless of yield. Payment will be 50% down and remaining payment in full prior to delivery.
8. Contracted Synthesis
For a contracted synthesis, Akina, Inc. will work with the customer to generate a protocol which the customer has the right to either approve, refuse, or request changes. Once the customer approves the final protocol, the work is purchased with 100% non-refundable down payment. Akina, Inc. then proceeds, with best efforts, to perform the contracted protocol notifying the customer in situations of a required deviation. As applicable, the resultant material and analytical results will be sent to the customer. The purchase is for the work itself and there are no returns or refunds on contracted reactions regardless of material generated.
9. Terms of Payment
Payment must be made in U.S. Dollars, payable to Akina, Inc. and must indicate the invoice number being paid. Akina, Inc. accepts Visa, MasterCard, Discover, American Express, PayPal, ACH and Wire Payments. For international orders, we require prepayment (by PayPal, wire transfer or credit card) before orders are shipped. Credit Card payments can be taken by telephone and saved securely into the customer account. Customers are required to send a W-9 form, DUNS Number and 3 credit references to set up a Net 30 account. Prices are subject to change without notice. If your account with us shows past due amounts, the account will be put on “credit hold” and no further orders will be processed until full payment of past due balances is received.
10. Warranty; Disclaimer
We warrant that our products will meet the applicable specifications when it is shipped. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL OTHER WARRANTIES INCLUDING MERCHANTABILITY, QUALITY, FITNESS FOR PURPOSE, OR NON-INFRINGEMENT.
11. Limitation of Liability
WE WILL NOT BE RESPONSIBLE TO YOU IN TORT OR CONTRACT OR UNDER ANY OTHER THEORY OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR SOLE LIABILITY TO YOU ARISING FROM ANY ASPECT OF OUR PERFORMANCE OR SALE OF OUR PRODUCT TO YOU SHALL BE LIMITED TO THE AMOUNTS THAT YOU HAVE PAID US WITH RESPECT TO THE PRODUCT AT ISSUE.
You hereby agree to indemnify, defend and hold harmless us, our directors, officers, representatives, agents and employees from and against any and all actions, demands, damages, claims or losses whatsoever. This includes our attorneys’ fees and costs, arising out of your testing or use of any product(s) purchased hereunder or the testing, sale, manufacture or use of any of your products which incorporate any product purchased hereunder, including without limitation any claims, etc. due to damage to property, injuries or death to persons or infringement of the intellectual property rights (including patents) of any person.
13. Returned Goods Policy
No returned merchandise will be accepted for store credit without prior written authorization from us. Our products will be accepted for return only under the following listed conditions:
A. The incorrect quantity or material(s) is shipped due to our error. Written authorization to return merchandise must be requested within 30 days of receipt of shipment.
B. The merchandise does not meet the specifications provided. Written authorization to return merchandise must be requested within 60 days of receipt of shipment.
Any returned merchandise will be subject to inspection, and if found to not meet the warranty, it will be replaced or credited.
C. All returned goods must have all transportation charges prepaid, and should be addressed to Akina, Inc. —Returned Goods Department with a detailed explanation of the reason for return and a copy of our authorization for the return.
D. We do not accept returns of perishable products.
You will be responsible for any and all taxes (other than due to our income) due to the sale of the products hereunder, including export, import, excise, use taxes etc.
These terms and conditions shall be governed by the laws of Indiana without regard to any applicable conflicts of laws principles. You will be solely responsible for compliance with all laws and regulations with respect to any actions you take or use you make with respect to the products purchased hereunder including without limitation those regarding manufacture, import, use, export or disposal. These terms may not be modified or waived (including by course of performance or dealing) except in writing signed by an authorized representative of us. If any of these Terms and Conditions are held invalid or unenforceable for any reason, that provision is fully severable and will be deemed severed from the remainder of the Terms and Conditions so that the remainder will be construed to be valid and enforceable.
16. Extra Handling
Orders of 3 or more different products in which each of the products have a unit price of $20 or less per gram and the order is for less than 5 g of each item will have an additional bottling surcharge added to the order of $8/separate bottle of products in addition to the original 2 bottles. (e.g. An order for 1 g quantities of AP01, AP02, AP03 would have an additional $8 bottling charge, AP01, AP02, AP03, AP04 would have an additional $16 bottling charge) Upon request, Akina can provide special bottling of product(s) aliquoted or separated out into a series of containers at the same rate of $8/separate bottle. Customer-specified special handling considerations are also available on request and the fee for special packaging/handling considerations will be quoted depending on the request that is made. This surcharge will be added to the handling fee.
17. In-Store Credit Expiration
Effective starting March 3rd, 2014 12:00AM EST, in-store credit issued by Akina, Inc. for any reason will be applicable for a period of 5 (five) years starting from the date that the credit was issued. Any credit not redeemed within this time period will expire at the end of five years. This does not apply to store credit issued prior to March 3rd, 2014.
18. Conflict Minerals
Seller shall not provide any tantalum, tin, tungsten or gold (the “minerals”) mined from Democratic Republic of the Congo, Angola, the Republic of the Congo, Uganda, Rwanda, Burundi, Tanzania, Zambia, South Sudan and the Central African Republic (the “covered countries”) that contribute to armed conflict or human rights abuses. Upon request, Sellers shall provide country of origin information for the minerals. If the Buyer has reason to believe the minerals originated in the covered countries and contribute to armed conflict or human rights abuses, the Buyer shall immediately discontinue such procurement activity with said Seller. Any such Seller will be placed on a watch list and, should further sales of minerals by any such Seller be made or attempted, the Buyer may discontinue all procurement activity.
19. No Discrimination
Akina, Inc. provides products and services to customers regardless of race, religion, color, sex, age, national origin or ancestry, marital status, parental status, sexual orientation, gender identity, disability, or veteran status.
20. No Resale
The materials provided by Akina, Inc. are for research use only. Distribution, transfer, or resale of the materials requires written permission from Akina, Inc. and may only be performed in accordance with local laws.
All content included on all Akina, Inc. sites, such as text, graphics, logos, button icons and images are the property of Akina Incorporated and protected by United States trademark and copyright laws. The content on these sites may be used as a shopping and/or research resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on any Akina, Inc. site is strictly prohibited.