Using the LI-830 and LI-850 Gas Analyzers
Standard Terms and Conditions
1. General. LI-COR Inc. (“LI-COR”) is delivering these goods and products (“Products”) subject to these Terms and Conditions of Sale (“Condi-
tions”). Buyer will be deemed to have assented to these Conditions upon Buyer’s placement of order. Notwithstanding the above, failure of
LI-COR to object to provisions contained in any purchase order or other form or document from Buyer shall not be construed as a waiver of
these Conditions nor an acceptance of any such provision.
2. Buyer’s Use Only/No Resale. The purchase of Products only conveys to Buyer the non-transferable right for only Buyer to use the quantity of
Products and components of Products purchased in compliance with the applicable intended use statement, limited use statement or limited
label license, if any, in LI-COR catalogues or on the label or other documentation accompanying the Products (all such statements or licenses
being incorporated herein by reference as if set forth herein in their entirety). Buyer has no right to resell the Products, or any portion of them,
and any such resale is strictly prohibited unless LI-COR first accepts and approves a purchase order and acknowledges in writing that the
Products may be resold by Buyer and the terms of such resales.
3. Prices/Taxes. All prices are quoted for delivery to Buyer when goods are loaded on the carrier at LI-COR premises in Lincoln, Nebraska, USA.
Accordingly, unless otherwise specified by LI-COR, prices are exclusive of shipping, insurance and installation charges, all of which are Buyer’s
sole responsibility. All prices are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs, duties, doc-
umentation charges, and freights forwarder charges now or hereafter claimed or imposed by any governmental authority upon the sale of the
Products. Any such charges will be added to the product invoice or subsequently invoiced to the Buyer. In the event LI-COR is required to pay
any such tax, duty or charge, Buyer will promptly reimburse LI-COR.
4. Payment Terms. All payments shall be made in immediately available U.S. Dollars net thirty (30) days from the date of invoice for qualified
accounts, without set-off, deduction or withholding of any kind, unless otherwise stated by LI-COR in writing and may be paid by check (drawn
on a U.S. bank), wire transfer or major credit card. All open account invoicing must be pre-approved. Any amounts not paid when due will
accrue interest at the rate of 1 1/2% per month, or the maximum amount allowed by law, if lower. In the event that any payment is more than
thirty (30) days late, LI-COR shall have the right to suspend doing business with Buyer until all past due balances are made current. Buyer shall
pay for all costs (including reasonable fees) incurred by LI-COR in connection with the collection of late payments. Each accepted purchase
order is a separate, independent transaction, and Buyer has no right of set-off against other purchase orders or other transactions with LI-COR.
Buyer hereby grants LI-COR a security interest in the Products in the amount of the unpaid balance of the purchase price until paid in full.
LI-COR may file a financing statement for such security interest and Buyer shall sign any such statements or other documentation necessary to
perfect LI-COR security interest.
5. Return Policy. Buyer may return non-consumable Products to LI-COR within forty-five (45) days of invoice date only with prior authorization
by LI-COR, the Product(s) being returned in new and unused condition and must be resalable as new. Any returned Product(s) are subject to
payment of a fifteen percent (15%) re-stocking fee on all items returned. Buyer shall be responsible to make payment to LI-COR for any and all
expenses related to deinstallation of the Product(s), including but not limited to shipping, duties, and taxes. All payments subject to this pro-
vision shall be made to LI-COR within thirty (30) days of return, or de-installation, of the Product(s).
6. Delays In Performance. LI-COR shall not be liable for any delay in performance hereunder due to unforeseen circumstances or due to cir-
cumstances beyond its control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, delays in
customs clearance and delays in delivery or inability to deliver by LI-COR’s suppliers.
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