Welcome to the Pine Research Instrumentation website (“Site”). The Site is operated by Pine Research Instrumentation (“Pine”). As a condition to your use of the Site and to your ability to make purchases through the Site, you must agree to be bound by these Terms of Use and the Privacy Policy. Please carefully read the Terms of Use and Privacy Policy before using the Site. If you do not agree to be bound by these Terms of Use or Privacy Policy, please immediately leave this Site. Your use of the Site constitutes your acceptance of these Terms of Use and creates a legally binding contract between you and Pine upon the terms and conditions provided herein (the “Agreement”). Pine reserves the right, at its discretion, to change, modify, add, or remove any terms of the Terms of Use. Pine will post at the bottom of this Agreement, the latest date changes to the Terms of Use were made. Please check this date periodically and review these Terms of Use accordingly as your continued use of the Site after the posting of changes will constitute your acceptance of this Agreement as amended. You hereby represent to Pine that you are of the age of eighteen (18) and are otherwise lawfully capable of entering into this legally binding contract.
Account
Pine may require or you may choose to register and establish an account with Pine. Establishing an account will require that you create a user name and password. You are responsible for maintaining the confidentiality of your user name and password and hereby accept full responsibility for all activities and purchases that occur under your account. Under no circumstances will you provide your user name or password to a third party and you will immediately notify Pine of any unauthorized use or security breach relating to your account. Pine has the right to reasonably rely on any purchase order submitted through the Site using your account or credit card information. You understand that Pine cannot and will not be liable for any loss or damage arising from any unauthorized use of your account, or credit card, or your failure to comply with this Section.
Termination of Account
Pine may, with or without providing notice to you, suspend, disrupt, or terminate your account or otherwise refuse to accept or fill a purchase order received from you, if you fail to comply with any term or provision of this Agreement, if you fail to promptly pay when due any amount owed to Pine for products purchased through the Site or otherwise, or for any other reason in Pine’s sole and absolute discretion. After termination you will still be personally liable for any orders that were placed or charges incurred prior to termination.
Use Restriction
Pine provides scientific equipment intended for use by legitimate organizations pursuing scientific research, including but not limited to government agencies, academic institutions, and corporate research and development entities. Pine will not sell scientific equipment directly to private individuals. Pine will cooperate fully with any criminal investigation related to the improper use of scientific equipment obtained via this Site.
Description of Service
The Site offers standard products for use in scientific research (“Standard Product”) which Pine strives to keep in inventory at all times. The Site may offer products which are made-to-order and not kept in inventory (“Non-Inventory Product”). The Site will notify you at the time you place your order if a product is out of stock or if a product is a Non-Inventory Product. If possible, the Site may provide you with an estimate of how long it will take for Non-Inventory Product or an out of stock product to be manufactured and shipped; however, any such indications of lead time are merely estimates, and Pine will not be responsible for any losses as a result of delays in shipment or delivery.
The Site may offer articles of scientific equipment which are customized by you (“Custom Product”). The customization process is a process that you control by interacting with this Site. The design parameters of your Custom Product are recorded by the Site and Pine manufactures the product according to these design parameters. Pine has attempted to accurately describe the Custom Product on the Site; however, the pictures and content provided on the Site are not warranted by Pine to be accurate, complete, current, reliable or error free. Pine will begin manufacturing the Custom Product after your order is received. If possible, the Site may provide you with an estimate of how long it will take for a specific Custom Product to be manufactured and shipped; however, any such indications of lead time are merely estimates, and Pine will not be responsible for any losses as a result of delays in shipment or delivery.
Pine is under no obligation to fill any order made through the Site, Pine expressly reserves the right, in its sole discretion, to reject any order made through the Site or otherwise. Within one week after the order is received, Pine will send a confirmatory e-mail accepting or rejecting the order. If Pine intends to accept the order, Pine will first confirm receipt of payment prior to sending the confirmatory e-mail.
Payment
All payments must be made in United States dollars (USD$).
Pine only accepts payment for product and shipping charges ordered through the Site via the following credit cards: Visa, American Express, Discover and Mastercard. You understand that your credit card may be charged separately to collect payment for the product and for shipping charges; further, your credit card may be charged on same day the order is placed. Your credit card may be charged at this time for the full value of the product, the shipping expense, and any other tax or other cost regardless of when the actual product will be shipped to you.
Sales/Use Tax
Sales or use tax may be due on certain purchases delivered or sourced to your state. Your state may require you to file a use tax return when sales tax is not paid at the time of purchase.
Shipping
Pine exclusively ships all domestic purchases with UPS. At checkout, you may have the option to select which level of UPS shipping service you desire. Shipping costs are calculated based on the type of UPS shipping service selected, the location of shipment, the weight of the items purchased, and the weight and volume of the required packing material. For international shipments, Pine will be entitled to ship products via UPS Worldwide. Pine shall be under no obligation to ship an item through an alternative carrier to UPS. You will be responsible for all postage, packaging, shipping charges and fees for domestic or international shipment, as applicable.
Pine ships all purchases, both domestically and internationally, to customers via a shipping contract. You acknowledge and understand that a shipping contract means risk of loss and title to products purchased from Pine passes to you upon Pine’s delivery of the item to the carrier. If a product has been lost, stolen or damaged in transit, your claim is against the carrier, not Pine. Pine’s responsibility with respect to a product ends when the product has been delivered to the carrier. Please review and understand the shipping policies of the carrier before ordering items from the Site. For your convenience, a link to the UPS website is provided for review.
Return Policy
Return of a product to Pine is subject to the following terms and restrictions:
- Standard Product. Any unused Standard Product purchased via this Site unless otherwise indicated may be returned within thirty (30) days from the original invoice date for a refund. Any refund for Standard Product returned to Pine is subject to satisfactory inspection and approval by Pine of the returned product.
- Non-Inventory Product. Pine reserves the right to refuse return of any Non-Inventory Product.
- Custom Product. Any Custom Product offered by the Site is manufactured according to a set of unique design parameters provided by you. The Custom Product will not be accepted for return, and no refund will be provided for the Custom Product. In the event that the Custom Product you receive varies significantly from your unique design parameters, you must inform Pine of any such discrepancy within seven (7) days from the invoice date so that Pine may investigate the situation. After concluding the investigation, Pine may instruct you to return the Custom Product.
Return Material Authorization (RMA). An RMA form is required for all returns. You must obtain an RMA form by contacting Pine before you return any products to Pine. No refund will be paid for items returned to Pine without an RMA form issued by Pine. You must inform Pine of any order discrepancy within seven (7) days from the invoice date so that we may investigate and resolve the situation accordingly.
Return Shipping Expenses. YOU ARE RESPONSIBLE FOR ALL SHIPPING EXPENSES WHEN YOU CHOOSE TO RETURN A PRODUCT TO PINE. IF YOU ARE SHIPPING THE PRODUCT INTO THE UNITED STATES FROM ANOTHER COUNTRY, THEN YOU ARE RESPONSIBLE FOR ALL TAXES, DUTIES AND FEES ASSOCIATED WITH RETURNING THE PRODUCT TO PINE.
Refund Amount. Refunds for returned items will be for the invoice amount less a 15% restocking fee. The restocking fee applies to all items which are returned to Pine for refund. Pine will not refund any shipping costs in either direction (you to Pine or Pine to you).
Limited Right to Use Site
The Site is for your personal and noncommercial use. The content and information on the Site, as well as the infrastructure used to provide such content and information, is the exclusive property of Pine. Accordingly, as a condition to your use of the Site, you agree not to use the Site or its contents or information, either directly or indirectly, for any commercial or non-personal purpose. You are only granted a limited, non-exclusive license to use the Site for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other commercial use. You may not use this Site for any unlawful purpose or that which is otherwise prohibited by these Terms of Use. In addition, you are not to:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Pine;
- bypass or circumvent measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in the discretion of Pine, an unreasonable or disproportionately large load on the Pine infrastructure; or
- deep-link to any portion of this Site for any purpose without express written permission of Pine.
Disclaimer
EXCEPT AS MAY BE PROVIDED WITH A PARTICULAR PRODUCT, AS APPLICABLE, PINE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) IN CONNECTION WITH THE PRODUCTS LISTED ON THE SITE.
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE”. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL RESPONSIBILITY OR LIABILITY FOR DAMAGE CAUSED BY VIRUSES CONTAINED OR TRANSMITTED THROUGH THE SITE IS EXPRESSLY DISCLAIMED. PINE WILL NOT BE RESPONSIBLE FOR ANY TECHNICAL DIFFICULTIES, INCLUDING, COMPUTER MALFUNCTIONS, DISCONNECTS AND SERVER FAILURES.
Limitation of Liability
PINE SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, PURCHASE OF, OR USE OF, THIS SITE OR ANY PRODUCT OR GOOD PURCHASED THROUGH THIS SITE, WHETHER IN A CONTRACT ACTION, A TORT ACTION BASED ON NEGLIGENCE, OR ANY OTHER CLAIM OF ANY NATURE WHATSOEVER, EVEN IF PINE, OR A REPRESENTATIVE OF PINE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN PINE AND YOU. THIS SITE NOR ANY PRODUCT LISTED THEREON WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATION. NO ADVICE, INFORMATION OBTAINED BY YOU FROM PINE THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. NOTWITHSTANDING ANY AND ALL OF THE NEGATION OF DAMAGES AND DISCLAIMER OF WARRANTIES PROVIDED IN THIS AGREEMENT, IN THE EVENT LIABILITY IS IMPOSED UPON PINE, YOU AGREE THAT OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU HAVE PAID TO PINE FOR ANY GOODS OR PRODUCTS PURCHASED THROUGH THE SITE.
Indemnification
You agree to indemnify, defend, and hold harmless Pine, its agents, employees and affiliates from any liability, loss, claim, expense, including reasonable attorneys’ and accountants’ fees, related to your violation of this Agreement, use of the Site, or use of any product or good purchased though the Site.
Copyrights
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or republication of any part of the Site is strictly prohibited.
Entire Agreement
This Agreement constitutes the entire agreement between you and Pine with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Pine with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely conforms with the intent of the original provision and every other provision of this Agreement will remain in full force and effect.
Governing Law
You agree that the laws of the Commonwealth of Pennsylvania will govern this Agreement and any dispute arising out of this Agreement without regard to conflicts of laws and related provisions. You expressly consent to the jurisdiction of any court located in the Commonwealth of Pennsylvania to be the forum for any dispute or claim arising directly or indirectly out of this Agreement and you hereby waive any objection to such place of venue for reasons of forum of non convenience or otherwise.
If you have any questions or comments about these Terms of Use, please feel free to contact us here.
The information on this web page was last updated on September 15, 2016.