Terms and Conditions
Acceptance All sales are subject to and expressly conditioned upon and conditions contained herein, and upon buyer’s assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an office or other authorized representative of seller.
Terms and Prices All prices are in U.S. dollars. Current standard published shipping charges and the handling charges (packages included) will be added to the invoice unless otherwise specified by the customer. We can also ship freight collect, if desired. Customers may also provide your carrier account number, which will be used by carrier to charge your taxes and duties. Please specify if you want to have delivery charged to this account or added to the invoice.
Shipping Annker uses all major carriers including DHL, FedEx, TNT, UPS and EMS. If you have an account with a carrier and would like us to ship collect, please provide your account number for that carrier when you place your order.
Quality All purity definitions for our products are indicative and therefore subject to change.
Certificates of Analysis for your specific lot, are available our website or on request.
Claims for Lost or Damaged Shipments The Buyer please inspect all packages immediately upon the receipt of any goods shipped hereunder. Any claims of damage, shortage, or defect should be reported in writing to our Customer Service Department as soon as possible. Claims for these discrepancies must be made within 10 days of your receiving the materials. If Buyer fails to report such of claim in 10 days to Seller, such goods shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by the Buyer.
All products are sold FOB seller's shipping point unless otherwise noted. Delivery of goods to the carrier at seller's plant or to other loading point, shall constitute delivery to Buyer, and regardless of shipping terms, Buyer shall bear all risk of loss or damage in transit. Seller reserves the right, in its discretion, to determine the exact method of shipment.
The Buyer should download and fill the form we provided for the claims. Should you need assistance in filing a claim, please call our Customer Service Department.
Orders and Returns First time buyers please call for setup of your initial order.
Any order cancellations should be done in writing by email, fax or mail.
Return shipments will NOT be accepted unless we have given prior permission and complete shipping instructions. Returns will not be accepted after sixty days from the original ship date.
Payment Terms Payment of the price is due and payable in full without deduction or withholding within 30 days from the date of invoice unless stated otherwise on the order.
We reserve the right to amend any errors or omissions contained in a quotation and charge the then current price as at the date of dispatch.
In the event of default by Buyer in the payment of the purchase price or otherwise, of this or any other order, Seller, at its option, without prejudice to any other of Seller's lawful remedies, may defer delivery, cancel this Contract, or sell any undelivered products on hand for the account of Buyer and apply such proceeds as a credit, without set-off or deduction of any kind, against the contract purchase price, and Buyer agrees to pay the balance then due to Seller on demand. Buyer agrees to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by Buyer in any of the terms hereof.
Patents Annker products may be covered by use or application patents. Annker products does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patent or patent application covering the product itself or the use thereof in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from his use of our products.
Warranties Buyer warrants that it shall use all products ordered herein in accordance with legislation in force at the time, and that any such use of products will not violate any law or regulation. Buyer agrees to indemnify and hold harmless Seller, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur as a result of any claim against Seller based upon negligence, breach of warranty, strict liability in tort, contract, or any other theory of law brought by Buyer, its officers, agents, employees, successors or assigns, by Buyer's customers, by end users, by auxiliary personnel (such as freight handlers, etc.) or by other third parties, arising out of, directly or indirectly, the use of Seller's products, or by reason of Buyer's failure to perform its obligations contained herein. Buyer shall notify Seller in writing within fifteen (15) days of Buyer's receipt of knowledge of any accident, or incident involving Seller's products which results in personal injury or damage to property, and Buyer shall fully cooperate with Seller in the investigation and determination of the cause of such accident and shall make available to Seller all statements, reports and tests made by Buyer or made available to Buyer by others. The furnishing of such information to Seller and any investigation by Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by Seller.
TSCA Buyer acknowledges that Annker products are sold solely for research and development, and that he will use the products in accordance with all applicable government regulations, including but not limited to those described herein.
Buyer acknowledges that he is familiar with the provisions of the Toxic Substances Control Act exemption for research and development found in 40 CFR 720.
Buyer agrees to notify Annker in writing if his use of Annker's products is for manufacturing as defined in the Toxic Substances Control Act. Buyer further agrees not to use Annker's products in manufacturing unless and until buyer and Annker have ascertained that the product is listed in the TSCA Inventory List or that a pre-manufacturing notification has been filed and approved by the United States Environmental Protection Agency.
Taxes and other charges Any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such tax, fee or charge, Buyer shall reimburse Seller therefore; or, in lieu of such payment, Buyer shall provide Seller at the time the order is submitted an exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
Miscellaneous Seller's failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of Seller's right to strictly enforce such terms or conditions or exercise such right thereafter. All rights and remedies under this order are cumulative and are in addition to any other rights and remedies Seller may have at law or in equity. Any waiver of a default by Buyer hereunder shall be in writing and shall not operate as a waiver of any other default or of the same default thereafter. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. The paragraph headings herein are for convenience only; they form no part of the terms and conditions and shall not affect their interpretation. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.