Terms and Conditions/Warranty

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Terms and Conditions/Warranty

(Sorry about this – you know how lawyers are. Scroll to the bottom for the LED warranty)

Purchasers of Nanodyne products and/or services agree to the following Terms and Conditions:

  1. No orders are binding on Company until acceptance by Company in writing at its main office or at an authorized warehouse. Any terms of sale which may be printed on Customer’s purchase order forms are not agreed to and shall not apply. In accepting orders and making deliveries thereon the terms of sale shall be governed solely by the provisions stated on Company’s current invoice form. All terms of sale are as stated on each invoice.
  2. Specifications and prices are subject to change without notice.  Prices are exclusive of all sales or use taxes, tariffs, customs (except fees associated with original U.S. importation which Company pays), duties and other governmental charges. Customer shall pay or reimburse Company for any and all such charges..  Invoices shall be issued in U.S. Dollars and must be paid in U.S. Dollars. Customer agrees to pay late charges of 1.5% per month (or the highest rate allowed by law) which will be charged on all past due invoices..  Company can suspend delivery if invoices are not paid promptly.
  3. All orders shall be delivered Ex Works, Company’s designated facility, Incoterms 2010, at which time title and risk of loss as to the corresponding shipment shall pass to Customer.
  4. All claims for damage or shortages of merchandise must be made within 5 business days of delivery. Customer must promptly return to Company all units of defective products to a destination specified by Company. Credit for the defective merchandise shall issue only and to the extent that the Company’s examination confirms the claim. Company will complete its examination no later than 10 days after its receipt of the defective products from Customer. Company may replace goods it finds to be defective or short in quantity with the quantity of products in good saleable condition necessary to satisfy Customer’s purchase order requirements, or at Company’s option issue a credit to Customer for the defective products.
  5. Company reserves the right, with or without notice to Customer, to terminate extension of credit at any time. Such termination shall not affect customer’s obligation to pay the amount owing at the time of such termination or Customer’s obligation to pay late charges which may continue to accrue after such termination. Payment may not be made by returning merchandise without prior express written authorization by an authorized representative of Company.
  6. Customer agrees at any time to furnish, or cause to be furnished, such financial information as Company may request on its/his/her financial condition and/or the financial condition of any guarantors. Customer further authorizes Company to investigate Customer’s corporate and guarantors’ consumer credit history and hereby authorizes and requests all references to release information to Company.
  7. ALL PRODUCTS SHALL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP ON DELIVERY. EXCEPT FOR THE FOREGOING, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  8. IN NO EVENT SHALL EITHER COMPANY OR CUSTOMER BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION LOST PROFITS), WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING THE POSSIBILITY OF NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE PARTY HAS BEEN WARNED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
  9. Customer agrees to pay reasonable attorney’s fees and court costs should Company initiate litigation to recover monies owning by Customer. These terms and conditions shall be deemed made under the laws of the State of Minnesota and shall for all purposes be construed and enforced in accordance with the laws of Minnesota. Any disputes hereunder shall be resolved in the courts of Hennepin County, Minnesota. The United Nations Convention on Contracts for the international sale of goods shall not apply to the interpretation or enforcement of this Agreement.

Warranties

If no product specific individual warranty is offered, the terms of sections 7 and 8 above shall apply.

For products with specified individual warranties, the terms of the individual warranty are in addition to the terms of sections 7 and 8, and do not replace them except to the extent they are contradictory, in which case the terms of the individual warranty apply.

LED Illuminator Warranty

Nanodyne Measurement Systems provides a 3 year warranty on all LED microscope illuminators listed on this page, according to the following terms and conditions:

  1. Except in the event of failure caused by obvious abuse, Nanodyne Measurement systems will at its option repair,  replace, or refund the original purchase price of any covered microscope illuminator that fails to function as intended within three years of the purchase date of the product.
  2. Customer must contact Nanodyne by phone or email prior to return of product. If the problem cannot be resolved by phone or email, customer will return product to the address provided at that time.
  3. Nanodyne will inspect the returned product and notify customer of its option under section 1 within 10 business days.
  4. Customer shall pay return shipping to Nanodyne. Nanodyne shall pay shipping of repaired or replacement unit back to customer.
  5.  Models covered by warranty:     All LED microscope illuminators not excluded by a notice in their product description are covered by this warranty. As of 10-5-2016, all LED microscope illuminators are covered by this warranty.