Rave Scientific LLC Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.ravescientifc.com website (the "Service") operated by Rave Scientific LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

These Terms and Conditions apply to every offer, quotation and contract entered into between Rave Scientific LLC and the Client, unless the Terms and Conditions are departed from by the parties explicitly and in writing. These Terms and Conditions are also applicable to contracts with Rave Scientific LLC for the implementation of which third parties must be involved.

The applicability of any of the Client’s purchasing conditions or other general terms and conditions is expressly excluded. If one or more provisions of these Terms and Conditions are void or voidable, the other provisions of these Terms and Conditions remain in effect. In this event, Rave Scientific LLC and the Client will consult with each other to agree new provisions to replace the void or voided ones. Departures from the Contract and the Terms and Conditions are only valid if they are explicitly agreed with Rave Scientific LLC in writing.

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Payment will take place by means of credit card or transfer to a bank account specified by Rave Scientific LLC, unless agreed otherwise. In cases where the customer will issue a purchase order, payment will be made Net 30 days after receipt of order. Payment can be made both in advance and afterwards. Payment afterwards can only be made if Rave Scientific LLC has established that the client is credit worthy, unless the Client ordered a custom made product. If the client ordered a custom made product the payment must be made in advance.

Payment afterwards must be made within 30 days of the invoice date, in a manner to be specified by Rave Science LLC and in the currency in which the invoice is issued, unless agreed otherwise. Rave Scientific LLC and the Client may agree that payment be made in installments in proportion with the progress of the work. If payment are in installments as agreed, the Customer must make payment in accordance with the periods and percentages as established in the Contract.

The Customer is not authorized to deduct any amount from the payable amount by reason of a counterclaim made by the Customer. Objections to the level of the invoice do not have the effect of suspending the payment obligations. After the expiry of a period of 30 days after the invoice date, the Customer will be, without a notice of default, by operation of law in default. The Customer has to bear from the moment of default on the immediately claimable amount an interest at the rate of 1% per month, unless the statutory interest rate is higher. In the event of bankruptcy, suspension of payment or placement under conservatorship, the amounts owed to Rave Scientific LLC and the obligations of the Customer towards Rave Scientific LLC are immediately claimable.

Unless stated otherwise, all orders will be EXWORKS and the customer will be responsible for all costs, including shipping on potential returns. Rave Scientific LLC can offer different shipping options and it will be up to the client to choose which option is best for their current situation. Unless explicitly agreed by Rave Scientific LLC, there are no guarantees for delivering products by a certain period of time.

Warranties for delivered goods will conform with the Contract. Rave Scientific LLC guarantees that the delivered goods will meet the usual requirements and standards that can be reasonably met and that the goods are of high quality and will perform to specification under normal use.

This warranty is valid for a period of six months from the moment of the delivery, unless the nature of the Product states otherwise and the parties have agreed otherwise. After the period of the guarantee expires all costs for repair or replacement, including administration, shipping and travel costs, will be the responsibility of the Customer. Rave Scientific LLC only guarantees the construction of materials, measurements and dimensions. The warranty does only apply to normal use of the goods in accordance with the applicable regulations for these goods. The customer is ultimately responsible for the establishment that the delivered goods are compatible with the instruments, devices, tools, machines, materials, experiments applications used by the customer.

There will be no guarantees or returns in the following cases:

• If the wear is considered normal;
• If there are changes made in or to the product;
• If damage is caused by gross negligence, intentional or negligent maintenance;
• If defects are the result of not corresponding or improper use;
• If the original invoice cannot be produced, changed or made illegible.

If the delivered Product has been produced by a third party, then this product will retain OEM warranty. If the delivered Product does not conform with the Contract, Rave Scientific LLC will, after notification of this, provide a replacement or carry out a repair at no charge. When the warranty period has expired, all costs of repair or replacement, including administrative, shipping and call-out charges, will be the responsibility of the customer.

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Return of delivered goods is only possible if the goods are in original condition, are not used and the packaging is undamaged. In addition, returns are only possible if Rave Scientific LLC has provided an RGA-number in writing. This number should always be attached to the return. If the Client returns the delivered goods, the Client must return the goods in a proper packaging with all accessories and in original condition. Returning or transporting the delivered goods will be at the risk and costs of the Client. The transport will be at the risk and costs of the Client.

Rave Scientific LLC and the Customer are obliged, both for the duration of and after the termination of the Contract, to maintain confidentiality regarding all facts and particulars concerning the business which they know or can reasonably suspect are confidential. This duty of confidentiality also includes all details of employees, clients, commissioning bodies and other business contacts which are learned of by reason of the Assignment.

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

The Service and its original content, features and functionality are and will remain the exclusive property of Rave Scientific LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Rave Scientific LLC.

Our Service may contain links to third party web sites or services that are not owned or controlled by Rave Scientific LLC. Rave Scientific LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Rave Scientific LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit. Privacy and cookies

Rave Scientific LLC will store the details and information that the Client provides to Rave Scientific LLC carefully and confidentially. When visiting our website Rave Scientific LLC can collect the information on the use of the website of the Client through cookies. The information that Rave Scientific collects through cookies can be used for functional and analytical purposes. Rave Scientific LLC reserves the right to utilize the other details of the Client in anonymous form for (statistical) research and databases.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You agree to defend, indemnify and hold harmless Rave Scientific LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

In no event shall Rave Scientific LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service, outside of the products sold, is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Rave Scientific LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

If you have any questions about these Terms, please contact us.