Terms & Conditions

1. Technical Documents: Our products page contains the technical descriptions such as the product specifications and Materials Safety Data Sheets (MSDS). The buyer and/or user must double-check these web descriptions before the order is placed. Some variations of the specifications are acceptable, unless the category is restricted (e.g., heavy metal level). It is buyer's responsibility to handle materials safely and properly. 
2. Payments:
   2.1 For institutional purchase orders, the payment in United State Dollars (USD) is due 30 days from the date of shipping invoice, unless otherwise stated. For any overdue payments, the buyer will be obligated to pay a delay fee at 1.5% of the outstanding amount each month.
   2.2 On the payment, please reference Vendor's order ID number (the invoice number) that was assigned to you by X Advanced Materials.
   2.3 For check and money order, please make it payable to "X Advanced Materials. Inc.", and mail it to the mailing address listed on the invoice.
   2.4 For wire transfers, please send us an e-mail requesting our bank account details, or refer to information on the reverse side of the invoice that was mailed out to you.
   2.5 The proforma invoice amount that is due must be paid 100% in advance. 
   2.6 Irrevocable Letter of Credit is usually required for any order larger than $5,000.00, unless otherwise stated on the quote.
3. Vendor's Corporation Information: you may require this information for the US' W-9 form. Please reach our accouting dept for latest W9 form
4. Shipping, Insurance & Handling (S&H): All of the listed prices are FOB Houston. In addition to these listed product price, each order is subject to a shipping and handling fee for shipping and insurance, if applicable. This value will vary based on the speed of the shipping services and the countries or regions to which the orders will be shipped. 
5. Taxes and Customs Charges:
   5.1 All orders from Texas, USA( except for Institution with Tax exempt form), are subject to a sales tax. This sales tax will be automatically charged, and indicated on your invoice.
   5.2 Any sales taxes, excise taxes, duties, customs fees, inspection/testing fees, or any other taxes, fees or charges of any nature whatsoever, imposed by any governmental authority, on or measured by the transaction collected by the related authority must be paid by buyer. If you have exemption status on any of these taxes, fees or charges, you must provide, at the time the order is submitted, the exemption certificate or other document acceptable to the authority imposing the tax, fee or charge.
6. Warranties: The seller warrants that its products shall conform, in a reasonable manner, to the description of said products, as provided to the buyer by the seller through the seller's website, catalog, analytical data or other literature of the seller. The buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singely or in combination with other products. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller's sole discretion, upon the return of such products in accordance with Seller's instructions. Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the products, even if seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, loss of products of buyer or other use or any liability of buyer to a third party on account of such loss, or for any labor or any other expense, damage or loss occasioned by such product including personal injury or property damage unless such personal injury or property damage is caused by seller's gross negligence. All claims must be brought within one (1) year of shipment, regardless of their nature.
7. Product Specifications: The seller reserves the right to change product specifications without prior notice to the buyer. The buyer assumes all risk and liability resulting from any issues arising from these specification changes, and will not hold the buyer liable for damages.
8. Return: Shipments ordered can be returned only after a written authorization from vendor has been granted; returns must be within 30 days of the receipt of the shipment. All the returned items are subject to the restocking charge of 30% total product price. The buyer must be responsible for all the shipping charges. This policy is not applicable to any items that have been opened or used.
9. Cancellation: Goods may not be returned for credit except with Seller's permission, and then only in strict compliance with Seller's return shipment instructions. The order can be cancelled only before the order is shipped. Custom orders cannot be cancelled.
10. Patent Infringements: The seller does not warrant that the use or sale of the products delivered will not infringe the claims of any United States patents or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process. No information supplied by seller is intended as a recommendation for using any material in the infringement of a patent.
11. Buyer's use of products: Seller's products are intended primarily for laboratory research purposes or industrial applications. Buyer acknowledges that the products have not been tested by Seller for safety and efficacy in food, drug, medical device, cosmetic, or any other use. No products purchased from Seller shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics. Buyer expressly represents and warrants to Seller that Buyer will properly test, use, manufacture and market any products purchased from Seller by a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted.  Buyer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from Seller. Buyer also has the duty to warn Buyer's customers and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products. Buyer agrees to comply with instructions, if any, furnished by Seller relating to the use of the products and not misuse the products in any manner. If the products purchased from Seller are to be repackaged, relabeled or used as starting material or components of other products, Buyer will verify Seller's assay of the products.
12. Governing Law: All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of the State of Missouri including its conflict of laws principles. Each party to this order agrees that any dispute arising between them which results in either party instituting court proceedings shall be litigated in either the Federal District Court for the Texas State or in the Court for the City of Houston.