Terms and Conditions, Software License, Copyright, Trademark Ownership Acknowledgements, Warranty

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.

By purchasing product, software, services, receiving a quote for product, software, or services, or continuing use of this website you are agreeing to the terms and conditions outlined below.

Terms & Conditions

Prices

Prices include standard packaging in accordance with common carrier requirements. Shipping charges are additional and are listed on the In-Situ shipping information page. Prices are subject to change without notice and In-Situ reserves the right to discontinue any items without notice. Applicable federal, state, and local taxes are the responsibility of customer and are not included in the price quoted to customer.

Orders & Acceptance

In-Situ reserves the right to refuse any and all orders placed by the customer (purchaser) which do not meet In-Situ Inc.’s current ordering terms. The customer must provide In-Situ with a written or facsimile copy of a firm, non-cancelable purchase order for the products and/or services requested to be delivered to the customer by In-Situ Inc. Purchase orders may also be submitted to: insidesales@in-situ.com. The pricing listed on the purchase order must match pricing approved by In-Situ for that order. Once the order is accepted by In-Situ, no price changes will be applicable, unless covered by a separate, written agreement. Issuance of a purchase order by customer means that it has fully accepted all of the terms and conditions, including payment terms, set forth in this document. No other terms or conditions shall be binding upon In-Situ unless covered by separate, written agreement signed by In-Situ. ANY TERMS AND CONDITIONS SET FORTH ON CUSTOMER’S PURCHASE ORDER SHALL BE DEEMED NULL AND VOID AND IN-SITU SHALL NOT BE BOUND BY ANY SUCH TERMS AND CONDITIONS. THE TERMS AND CONDITIONS HEREOF SHALL BE DEEMED TO SUPERSEDE AND REPLACE ANY TERMS AND CONDITIONS SET FORTH IN CUSTOMER’S PURCHASE ORDER.

Returns & Cancellations

Contact our Customer Service Department for a return authorization and shipping instructions. Authorized returns will be issued a Return Materials Authorization (RMA) number, which must appear on the outside and inside of all parcels containing returned merchandise. All freight must be prepaid by the customer. In-Situ has the right to refuse returns. Accepted returns will be processed according to In-Situ Inc.’s published warranty terms. Refunds will not be issued. Orders cancelled prior to shipment or after shipment are subject to a restocking fee of 20% of the order price. Items returned must arrive at In-Situ Inc.’s offices within 15 days of original shipment and remain unopened in the original packaging. Custom orders, including cables, will be subject to a cancellation fee of the full purchase price.

Payment Terms

In-Situ is pleased to extend terms of net 30 days to customers who have established a credit account with us. For new account holders, a credit approval will be required unless paying by credit card. Credit applications are available upon request. A bank reference and four trade references are required. Payments are due in 30 days from the date of the invoice. All past due invoices and uncollected funds shall be charged interest at a rate of 1.5% per month. If a credit card is used for payment of late invoice(s), a 3% surcharge will be added to cover the additional cost. The customer agrees to pay all collection costs, including attorneys’ fees, and penalty charges if collection services on the account become necessary. All international orders require an irrevocable letter of credit from a US bank or electronic wire transfer of funds with order. Letter of credit and wire transfer fees will be added to the invoice at a rate of $350 and $30 respectively.

Shipment USA:

Shipment is F.O.B. In-Situ Inc.’s dock in Fort Collins, Colorado. Title and risk of loss will pass from In-Situ to customer upon pickup by common carrier at In-Situ Inc.’s dock. All orders from In-Situ are shipped by Federal Express. D.H.L. or U.P.S. are available depending on customer requests. International orders are shipped by air unless otherwise requested. All orders are insured, unless instructed differently. All shipping costs and insurance are pre-paid by In-Situ and billed to customer, unless otherwise requested. International: Shipment is FCA In-Situ Inc.’s dock in Fort Collins, Colorado for international orders if picked-up by forwarder, freight carrier, or shipped on courier account. Shipment is CPT Importing Country’s Port of Entry if shipped using In-Situ Inc.’s FedEx account. Shipment can be CIP Importing Country’s Port of Entry in cases where a Letter of Credit is used, or upon customer request. Title and risk of loss will pass from In-Situ to customer upon pickup by common carrier at In-Situ Inc.’s dock, except in the case of specific clauses in a Letter of Credit. Orders from In-Situ are shipped by Federal Express, DHL, UPS or forwarder depending on customer requests. Customer must supply all forwarder contact information and/or shipping account numbers at the time the order is placed. International orders are shipped by air. All orders are insured, unless instructed differently. We package all products to meet the carrier’s requirements. Equipment is checked prior to shipping and leaves In-Situ in operating condition. Please examine all shipments immediately upon receipt. Notify In-Situ of any shortages. If the shipment is damaged, notify us and file a claim with the carrier immediately. We will advise and assist in any claims to the carrier. All claims must be made within 10 days of receipt of shipment. In the event that no claim is made within 10 days of receipt of shipment, the products shall be deemed to be accepted by customer. In-Situ is not responsible for delays due to strikes, accidents, carrier, or other problems beyond our control.

Calibration & Certification

Calibration documentation is provided for Data Loggers and Probes. Stated accuracies reflect maximum allowable deviation from NIST traceable standard. Individual instrument accuracies may exceed stated accuracies.

Repairs

All parts and labor charges are billed at a standard flat rate. All necessary parts and labor are covered under this flat rate. Repairs will be completed and invoiced within 60 days of the date we receive authorization for repair. All payments are net 30 days. Repairs are warranted for 90 days. Repair pricing does not include return shipment charges. At our discretion we may use factory-refurbished materials in the repair of all product lines.

Typographical Errors

In the event that an In-Situ Inc. product is mistakenly listed at an incorrect price, In-Situ Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. In-Situ Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, In-Situ Inc. shall issue a credit to your credit card account in the amount of the incorrect price.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by In-Situ Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

In-Situ Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to In-Situ Inc.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an In-Situ Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

In-Situ Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, In-Situ Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, In-Situ Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to In-Situ Inc. in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless In-Situ Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, In-Situ Inc. may link to sites operated by third parties. However, even if the third party is affiliated with In-Situ Inc., In-Situ Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of In-Situ Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, In-Situ Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

DISCLAIMER

DUE TO CONTINUING PRODUCT DEVELOPMENT, IN-SITU RESERVES THE RIGHT TO ALTER SPECIFICATIONS WITHOUT PRIOR NOTICE. IN-SITU ALSO RESERVES THE RIGHT TO ALTER TERMS PRIOR TO ACCEPTANCE OF THE ORDER

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