Standard Terms and Conditions
The following are the terms and conditions under which Lab 308 LLC (the “Company”) products and services are sold to customers. The term “customer” shall mean the Dealer, Distributor or End User as applicable and the term “Agreement” shall mean the Dealer, Distributor or End-User Agreement as applicable
Pricing and Payment
All quoted prices are in US dollars, unless otherwise explicitly stated, and are valid for thirty (30) days. Product prices are exclusive of, and Customer shall be responsible for the payment of, all shipping charges, costs of freight, taxes, import fees, insurance, duties, value added taxes, and the like. If at any time, Customer (i) is liquidated, dissolved, ceases to do business or otherwise terminates its business operations; (ii) becomes insolvent; (iii) makes a general assignment for the benefit of creditors; (iv) institutes or has instituted against it any proceeding under any law relating to bankruptcy or insolvency or a receiver or trustee is appointed for all or a substantial part of its assets; or (v) fails to make a payment when due or defaults in any way, Lab 308 LLC may, at its option, alter terms of payment, declare all amounts owed by Customer past due, suspend credit and delay shipment, terminate any licenses granted hereunder, and pursue any other remedies available to Lab 308 LLC at law or under these Terms and Conditions. In such event, Customer agrees to indemnify and reimburse Lab 308 LLC for its reasonable expenses, including, but not limited to, collection fees, court costs and attorneys’ fees associated with collection of past-due balances.
2. Payment Methods
Wire Transfer: Wire transfer is the fastest method of payment (typically within one day) when pre-payment is required. This facilitates the fastest product delivery. Shipment will be initiated at the time of receipt of the wire transfer.
Check: Bank checks delivered via post or courier are also accepted.
Lab 308 LLC
403 Portway Ave, Ste 300
Hood River, OR 97031
Credit Card: Upon request, Lab 308 LLC invoices can be paid with a credit card via our online payment portal. Invoices over USD $2,000 will incur a 3% convenience fee.
3. Shipping Terms
Domestic US Shipping: For domestic sales, shipment Terms are FCA, Hood River OR, INCOTERMS 2020. Lab 308 LLC default courier is FedEx and we will quote assuming we will ship and invoice shipping charges. Customers are welcome to provide their UPS or FedEx account number and will not be invoiced shipping charges.
Export Shipping: For export sales, shipment Terms are CPT, destination, INCOTERMS 2020, where Lab 308 LLC will coordinate shipment door to door, not including duties and taxes. Shipping costs will be quoted and added to invoiced amount. Customers are welcome to provide their DHL or FedEx/UPS account number and will not be invoiced shipping charges (and use FCA incoterms).
4. Limited Warranty
Lab 308 LLC warrants that the Products will be free from defects in material and workmanship and materially conform to their applicable specifications for a period of one (1) year from the date of shipment by Lab 308 LLC (the “Warranty Period”), provided that such Products are operated under normal conditions and in accordance with their applicable specifications during such Warranty Period. This warranty does not apply to any Products that have been (i) subject to misuse, neglect, or abuse, (ii) improperly installed or maintained, (iii) repaired or altered by any party other than Lab 308; or (iv) acquired or used in violation of these Terms and Conditions. The warranty period for Products repaired or replaced will be the balance of the Warranty Period.
5. Customer Liability
The Customer is solely responsible for and shall indemnify the Company, the manufacturer of the products, and their respective affiliates, agents, directors, officers, employees and assigns from any and all loss, damage or liability arising from or related to (a) the use, operation, maintenance, handling or transportation of the products, including for any personal injuries (including death) or property damage suffered, (b) any use, or sale, lease, license or distribution of the products for any excluded uses, (c) the production of any goods or services using the products or (d) any infringement of any copyright, industrial design, trademark or patent resulting from or in connection with the use, operation, maintenance, handling or transportation of the products.
6. Lab 308 LLC Liability
Neither the Company nor its affiliates, agents, directors, officers, employees or assigns shall be liable for any damage arising from or related to the use or performance of the products, any defects in the products, or any loss of time incurred as a result of such defects. Without limiting the generality of the foregoing, neither the Company nor its affiliates, agents, directors, officers, employees or assigns shall be liable for any indirect, special, incidental or consequential damages of any nature including, but not limited to, loss of profit, overhead costs, injury to reputation or loss of customers. Without limiting the foregoing, the aggregate liability of the Company and its affiliates, agents, directors, officers, employees or assigns to purchaser for any claim whatsoever arising from or related to this sales agreement shall not exceed the purchase price of the products involved in such a claim, regardless of the nature of the claim, whether in contract, tort, warranty, or otherwise.
7. Intellectual Property and Technical Data
All technical and commercial information Lab 308 LLC discloses to customer is proprietary to Lab 308 LLC and disclosed to the customer in confidence for the limited purpose of assisting the customer in the evaluation and use of the product. Unless otherwise authorized in writing by Lab 308 LLC, the customer shall not disclose such proprietary information, directly or indirectly, to any other person or use such proprietary information except for the limited purpose provided herein.
8. Export Laws
Exportation of Lab 308 LLC products are subject to Export Administration Regulations (EAR) of the US Department of Commerce and other government regulations such as the International Traffic in Arms Regulations (ITAR) specified by the Office of Defense Contracts. It is the Customer’s responsibility to complete all necessary documents and secure all certificates necessary to comply with these regulations. If the Company product is to be exported, the Company will assist the Customer in obtaining the proper documentation. In order to complete the export transaction, an End-User certificate or statement and a US Department of Commerce Form BIS-711 will be required from the Customer.
9. Limitation of Liability
In no event, regardless of cause, shall the Company assume responsibility for or be liable (a) for liquidated damages or penalties, (b) for indemnification of the Customer or others for costs, damages or expenses arising out of or related to the equipment or services of any order, or (c) for incidental, remote, or consequential damages under any circumstance including any loss, injury, or other damages, loss of profits, or use of articles, even if advised of the possibility of such damages. The Company’s maximum liability, including direct damages, shall not exceed the amount of the contract. This limitation of the Company’s liability will apply regardless of the form of action, whether in contract or tort, including negligence. Any action against the Company must be brought within eighteen (18) months after the cause of action accrues.
10. Other
This Agreement shall inure to the benefit of and be binding on the parties’ respective permitted successors and assigns. These Terms and Conditions are severable. The invalidity or unenforceability of any provision will not affect the validity or enforceability of any of the other provisions. Any contract incorporating these Terms and Conditions will be governed by and interpreted in accordance with the internal laws of the State of Oregon applicable to contracts entered into in such state, by residents thereof, and to be performed entirely within such state.