Terms Of Sale Agreement
NOTICE: The following TERMS AND CONDITIONS form your contract with Kano Laboratories, Inc., for the sale of products purchased through this website.
DISCLAIMER: All information provided on this website is subject to change without notice. While efforts have been made to make this website helpful and accurate, due to the open nature of this website, and the potential for errors in the storage and transmission of digital information, Kano Laboratories, Inc., does not warrant the accuracy of information obtained from this website.
1. Definitions. “Kano Labs” refers to Kano Laboratories, Inc., whose principal place of business is 1000 East Thompson Lane, P.O. Box 110098, Nashville, Tennessee 37222-0098. “Purchaser” refers to the entity identified on the company field of the order form associated with this agreement.
2. Acceptance of Terms of Sale Agreement. Purchaser places an order subject to this agreement and the terms and conditions contained herein, whether additional to or different from those contained in any purchase order or other form or document supplied to Purchaser by Kano Labs. Purchaser agrees to be bound by this agreement and the terms and conditions contained herein.
3. Prices. Prices in effect at the time of shipment of products shall prevail. All prices are subject to change without notice. Prices do not include any present or future sales, excise, use, value-added or similar taxes. Where applicable, such taxes will be billed as a separate item and paid by Purchaser.
4. Delivery. Unless otherwise noted, all sales of products are made F.O.B. point of shipment and, in all cases, risk of loss or damage shall pass upon delivery to the common carrier at point of shipment and thereafter all risk of loss or damage shall be borne by Purchaser. Delivery dates, if any, given in advance of actual shipment of products are good faith estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Additional charges for delivery may apply.
5. Warranties. WITH RESPECT TO PRODUCTS PURCHASED THROUGH THIS WEBSITE, KANO LABS MAKES NO WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. KANO LABS MAKES NO WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY INFORMATION PROVIDED TO PURCHASER BY KANO LABS CONCERNING ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE. Products purchased through this website are sold on the condition that Purchasers shall evaluate the products, as well as Kano Labs’ description of the products and any related material safety data information, to determine the suitability and safety of the products for Purchaser’s particular purpose and application. Purchaser is solely responsible for the selection of Kano Labs products.
ALL PRODUCTS PRODUCED AND DISTRIBUTED BY KANO LABS ARE FOR USE IN THE MANUFACTURING PROCESS ONLY AND ARE NOT FOR RETAIL SALE, PERSONAL OR CONSUMER USE. In California, this product cannot be sold to an individual consumer. By placing this order, Purchaser certifies and warrants that all products purchased through this website will be used for industrial purposes in the manufacturing process only and not for retail sale, personal or consumer use. Purchaser further certifies and warrants that it is an establishment which manufactures or constructs goods or commodities, or that it is a distributor that will limit any subsequent sale or distribution of this product solely to entities that manufacture or construct goods or commodities.
6. Limitation of Liability. Kano Labs shall not be liable for loss or damage (including without limitation any lost profits, loss of business, or other consequential, special, indirect or punitive damages) arising out of the sale OR USE of its products. Purchaser’s sole and exclusive remedy with respect to products proved to Kano Labs’ satisfaction to be defective or nonconforming shall be the replacement of such products without charge or refund of the purchase price. This limitation of liability reflects a deliberate and bargained-for allocation of risk between Kano Labs and Purchaser and constitutes the basis of the parties’ bargain, without which Kano Labs would not have agreed to the price or terms and conditions of this agreement.
7. Shelf Life - the shelf life of Kano products is two years from date of manufacture.
8. Entire Agreement. This agreement and the terms and conditions contained herein constitute the entire agreement between Kano Labs and Purchaser relating to products purchased through this website.
9. Modification of Terms of Sale Agreement. This agreement and the terms and conditions contained herein may be modified only in a writing signed by Kano Labs. Purchaser shall not assign or delegate any of its rights or duties hereunder without Kano Labs’ prior written consent.
10. Governing Law. This agreement and all sales hereunder shall be governed by the laws of the State of Tennessee, without regard for conflict of laws rules. Purchaser consents to the jurisdiction of either the federal or state courts located in Davidson County, Tennessee, and no other courts or jurisdictions, for purposes of any suit, action or proceeding arising out of sales made pursuant to the terms and conditions contained herein. Notwithstanding any such consent to jurisdiction by Purchaser, Kano Labs shall retain the right to bring legal action in the jurisdiction governing Purchaser’s place of business.
11. Severability. The invalidity of any provision of this agreement shall not invalidate or render unenforceable any other provision of this agreement.