Terms & Conditions

I. 30 DAY TRIAL PROGRAM

A. All sample products offered on B.E.M.'s thirty (30) day trial program are offered for the convenience of potential customers so that evaluation of B.E.M.'s product may be made. It is desired that the sample products be tested with laboratory animals. Therefore normal wear and tear on the sample products is to be expected. Thirty (30) days after receipt of the goods, the sample products must be returned to B.E.M., or full payment made, or a purchase order placed to purchase the sample products. If the sample goods are not returned to B.E.M. within forty-five (45) days of receipt, the sample products will become the property of the laboratory or zoo sampling the products and B.E.M. will issue an invoice for payment of the sample products.
B. Only bonafide animal laboratories or zoos within the U.S.A. are eligible for sample products offered on the thirty (30) day trial program.

II. PAYMENT TERMS

A. Payment of purchased product becomes due and payable thirty (30) days from date of invoice.

B. An account becomes past due if payment is not received by B.E.M. within thirty (30) days from date of invoice. All accounts having a past due balance will be charged a monthly service charge of 1.5% per month.

C. In the event that any invoice now or hereafter due and owing by buyer to B.E.M. is not paid when due, and Seller is required to retain an attorney to obtain payment of any invoice, buyer shall be liable for all reasonable attorney's and/or collection agency fees incurred in connection therewith.

III. FREIGHT

All prices quoted are F.O.B. B.E.M.'s factory at Marysville, Kansas. All orders are shipped by the least expensive surface method available unless premium method is requested.

IV. RETURNS

A. No return of purchased product will be accepted by B.E.M. without prior authorization. You must provide B.E.M. with information regarding the return (i.e. reason for return, quantity, name of product, invoice or register number) and a Returned Goods Authorization (RGA) number will be issued. The RGA number must be written on the outside of the shipping carton alongside shipping address. Shipping cartons without discernible RGA numbers on the outside will be refused without recourse. All returns must be accompanied by a packing slip showing quantities, part numbers, and RGA number.

B. All returns must be carefully packed and shipped freight prepaid. Collect shipments will not be accepted.

C. All returns, other than samples provided on our thirty (30) day trial program, are subject to a 20% restocking charge plus reconditioning and repacking cost if necessary.

D. We reserve the right to refuse returns in the following cases:

Special order items: This refers to any product altered or produced directly to your specifications.

Quantity sales: If you are buying a large quantity of an item, we assume that you have previously evaluated its suitability.

V. SHORTAGE

Claims for shortages in unopened cartons sealed at B.E.M.'s factory must be reported to B.E.M. with ten (10) days from receipt of the shipment. No claims will be allowed thereafter.

VI. CANCELLATION CHARGES

Orders for special or custom product may be canceled provided we are reimbursed for expenses incurred. Orders for standard material may be canceled without charge providing request is received prior to manufacturing.

VII. LIMITED WARRANTY.

Subject to the limitations of Section VIII and unless otherwise provided herein, Seller warrants title and that all goods sold shall conform to Seller's standard specifications or to the attached specifications, if any. SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS, whether used alone or in combination with other devices.

VIII. LIMITATION OF LIABILITY.

A. Within thirty (30) days after receipt of each shipment of goods, Buyer shall examine such goods for any damage or defect. All claims for any cause whatsoever shall be deemed waived unless made in writing and received by Seller within sixty (60) days after Buyer's receipt of the goods. Failure of Seller to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claims.

B. BUYER'S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND SELLER'S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH SUCH CAUSE ARISES OR, AT SELLER'S OPTION, THE REPAIR OR REPLACEMENT OF SUCH GOODS, AND IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE.

IX. MISCELLANEOUS.

The validity, interpretation and performance of this contract and any dispute connected herewith shall be governed and construed in accordance with the laws of the State of Kansas. This contract constitutes the full understanding of the parties, a complete allocation of risks between them, and a complete and exclusive statement of the terms and conditions of their agreement. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the terms or conditions of this contract shall be binding unless hereafter made in writing and signed by the party to be bound, and no modifications shall be effected by the acknowledgment or acceptance of purchase order or shipping instruction forms containing terms or conditions at variance with or in addition to those set forth herein.