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Midland Scientific reserves the right to change any of these Terms & Conditions at any time without notice.
No Minimum Order
Midland Scientific has no minimum order level.
Provided a completed commercial credit application has been submitted to and approved by Midland Scientific, Inc., MSI will provide Net 30 payment terms to approved customers. All charges are due no later than 30 days from the date of billing. All sums unpaid by such date shall be subject to a finance charge until paid at the rate of 1.5% per month (18% per annum) or maximum rate allowed by law, whichever is less. All sums are due and payable at the offices of Midland Scientific, Inc., in Sarpy County, Nebraska. If a credit application has not been approved, all orders must be prepaid by Visa, Master Card, American Express, cashiers check, money order, ACH, or wire transfer prior to Midland Scientific processing the order.
Placing an order is easy and convenient and may be submitted by phone, fax, mail, email, or online. Midland Scientific strives to make ordering as simple as possible. We accept orders in the format that is most convenient to the customer. For best order accuracy, please include the catalog number, quantity of each item and an item description. Catalog prices are current at the time of printing, but are subject to change without notice. Your current pricing will be furnished by your sales representative, customer service representative, or via your online account. In addition, price quotes are available by phone, email, online, or fax from your sales representative or customer service representative. Midland Scientific accepts purchase orders, check, cash, VISA, MasterCard, American Express, and Discover. All payments must be made in US Dollars.
Acknowledgment of Order
An order acknowledgment will be issued with each order. Included in the acknowledgment are the items ordered, quantities ordered, disposition (in stock, back ordered or direct shipped from the supplier), unit price, and extended price. The order acknowledgment may be faxed or emailed to you, depending on preference. Midland Scientific reserves the right to substitute equivalent items for orders unless specified by the customer. Ordered items may only be cancelled if the item has not already been shipped, either by the supplier or Midland Scientific. Made-to-Order items may NOT be cancelled.
A cancellation request must be submitted via email to [email protected]. Requesting the cancellation may not guarantee that the item can be cancelled. Midland Scientific will review the request and confirm via email whether the item may be cancelled.
Generally your order will be shipped the same day it is received. Your shipping instructions will be followed as closely as possible. However, we reserve the right to change the method for items which, when required by regulations or in our judgment, cannot be shipped by the method you specified. If special needs arise for shipping, please include instructions with your order. Otherwise, the quickest and most cost effective method will be used. Normal shipping terms are FOB shipping point. Any rush or hazardous shipments will incur additional cost. Shipments must be inspected within 24 hours of receipt and any damaged or missing merchandise must be reported within 48 hours of receipt.
Invoices for shipped product will be billed daily and emailed to the address indicated by the customer. Invoices shipped direct from the manufacturer to the customer will be billed as of the shipping date from the manufacturer. Customers who have been approved for consolidated invoicing will have invoices consolidated per PO when the PO is complete. Thirty days after the order date, if any items remain on backorder, all open invoices will be consolidated and the backordered items will be billed separately.
All returns must be requested within 30 days and must have prior authorization from our Customer Service Department. The reason for the return, the date of purchase, the purchase order number, and the invoice number must be made known prior to returning merchandise. Items cannot be returned without an issued Return Material Authorization (RMA) number. Please call Customer Service at 800-642-5263 to receive an RMA number. The RMA number must be included with return shipment. All returns are subject to a restocking fee up to 50% depending on supplier policies. Without prior authorization, all shipments for returned items will be refused. Refrigerated and sterile items are not eligible for return. Made to order and hazardous items may only be returned if stocked by MSI or if the manufacturer will take the product back. Credits issued for returned merchandise are non refundable, must be applied to future purchases, and will expire in one year if not used.
THE CUSTOMER, BY PLACING AN ORDER WITH MIDLAND SCIENTIFIC, INC., ACKNOWLEDGES THAT THE ONLY WARRANTY OF ANY KIND OR CHARACTER, EXPRESSSED OR IMPLIED, MADE BY MIDLAND SCIENTIFIC, INC., WITH RESPECT TO ANY PRODUCT IS THE WARRANTY OF TITLE. OTHERWISE, MIDLAND SCIENTIFIC, INC., MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WHATSOEVER. THE ONLY WARRANTIES, OTHER THAN THE WARRANTIES AS TO TITLE, ARE THOSE PROVIDED BY THE MANUFACTURER OF THE PRODUCT IN QUESTION. THE CUSTOMER IS SPECIFICALLY DIRECTED TO THE MANUFACTURER’S WARRANTIES AS SET FORTH IN THE LABELING AND LITERATURE WHICH ACCOMPANY THE PRODUCT FOR THEIR TERMS AND CONDITIONS. By purchasing products from Midland Scientific, Inc., buyer acknowledges that Midland Scientific, Inc., has not made, does not make and specifically negates and disclaims, any and all warranties (other than warranty of title), representations, promises, covenants, agreements and/or guarantees of any kind or character whatsoever, whether expressed, implied and/or statutory, oral or written, past, present or future. Buyer further acknowledges that Midland Scientific, Inc. is not liable or bound in any manner by any oral or written statements, representations or information pertaining to the products or their use or operation, including, but not limited to such matters that are furnished by the manufacturer. Midland Scientific, Inc., shall not be liable, either in tort or in contract, for any loss or damage, whether direct, incidental or consequential, arising out of the use, misuse and/or inability to use the products which it offers for sale, none of which are manufactured by MIdland Scientific, Inc. expressly including loss resulting in bodily injury, sickness, disease, or death. To the fullest extent permitted by law, Buyer agrees to defend, indemnify, and hold harmless Midland Scientific, Inc. and their employees, agents, successors, and assigns from and against claims, damages, loss, and expenses, including but not limited to attorney’s fees, arising out of or resulting from the goods sold to Buyer, including any claim, damage, lost or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use, resulting there from, except for those harms caused by gross negligence of Midland Scientific, Inc.
In the event that Midland Scientific, Inc. shall be prevented from completing performance of its obligations hereunder by an act of God or any other occurrence whatsoever which is beyond the control of the parties hereto, then it shall be excused from any further performance of its obligations and undertakings hereunder. If, however, performance by Midland Scientific, Inc. is not prevented but is instead interrupted or delayed by any occurrence not occasioned by the conduct of Midland Scientific, Inc. such as but not limited to an act of God or the act of conduct of any other person or entity not an agent or employee of MIDLAND Scientific, Inc., then performance shall be excused for such period of time as is necessary after such occurrence in order to remedy the effects thereof.
Sales Merger Clause
Midland Scientific, Inc. is not bound by any statement, promise, condition or stipulation not specifically set forth in this Agreement. No sales consultant, employee or agent of Midland Scientific, Inc. has authority to modify the terms of this Agreement or make any representation or agreement not contained in this Agreement, and anything to the contrary shall not be binding upon Midland Scientific, Inc.
Waiver of Defects by Retention of Possession
A retention of the goods for more than thirty days from the date of receipt constitutes a trial and acceptance, unless notice is given of a defect in the goods, and is a conclusive admission of the truth of all representations made by or for the seller, and voids all contracts of warranty, whether express or implied.
PURCHASER ACKNOWLEDGES AND REPRESENTS THAT PURCHASER HAS READ AND UNDERSTANDS THIS AGREEMENT, AND ALL ATTACHMENTS, AND THAT PURCHASER HAS NOT RECEIVED ANY REPRESENTATIONS AND IS NOT RELYING ON ANY STATEMENT, PROMISE, CONDITION OR STIPULATION NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT OR THE ATTACHMENTS.