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Terms and Policies

THESE POLICIES AND TERMS OF SALE ("TERMS OF SALE") GOVERN THE PURCHASE OF ANY PRODUCT OFFERED BY LabGear USA AND OUR ECOMMERCE WEBSITE LABGEARUSA.COM, HEREINAFTER REFERRED TO AS “LABGEAR”.
PLEASE READ THESE TERMS OF SALE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN LABGEAR'S SOLE DISCRETION.

  1. Products. LabGear may discontinue any product at any time without notice.
  2. Price and Product Information Errors. Although our goal is 100% accuracy of pricing and product information, errors may occur in our constantly changing product line. If product or pricing errors are discovered, they will be promptly corrected in our system, and the corrected product information and price will apply. LabGear will notify you if your open order includes items that are incorrectly specified or priced.
  3. Orders. Orders are not binding upon LabGear until accepted. LabGear reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of product application, end user and customer information may be required prior to the acceptance of any order.
  4. Payment. Payment may be made with Paypal, Visa, MasterCard, Discover and American Express credit cards. Your credit card will be charged when your order is placed. Customer will be notified within one business day of any backordered items, with the option of cancellation for full refund within the next two business days.
  5. Sales Tax. You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law, LabGear must collect sales tax for orders SHIPPED to destinations within the State of California.
  6. Domestic Shipment.  
    • In-stock items ordered will be shipped within one business day (Monday through Friday delivery days) via ground transportation to most locations. Upgraded shipping services (Saturday, Next Day, 2nd Day, 3rd Day) are available at an additional charge. FOB point is Mountain View, California. 
    • In the event only some of the product is in stock at the time an order is placed, the available product will be shipped via the selected service and the backorder will ship via Ground service when stock is replenished. While LabGear will make every reasonable effort to ship your orders within these time frames, LabGear is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond LabGear's reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of LabGear, including without limitation, disruptions, power outages or attacks on this Site such as by persons known as "hackers."
  7. International Shipments. The customer is responsible for payment of taxes, duties, tariffs and any other charges levied by government agencies. Payment must be made in full using a credit card or bank transfer at the time of order.
  8. Warranties. Except for LabGear branded products, ALL PRODUCTS ARE SOLD WITH MANUFACTURER WARRANTIES ONLY. LABGEAR DISCLAIMS RESPONSIBILITY FOR ALL WARRANTIES OF ANY KIND RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
  9. We reserve the right to upgrade shipping method at our own expense if we deem necessary for reliable service.  Customers are never charged for this upgrade. 

  10. Return & Restocking Policy.* 
    • LabGear stands behind its products and will issue a refund, replacement or credit if for any reason you are not satisfied with your purchase and notify us within 30 days of receipt of product. A Restocking Charge of 25% will apply to all standard items returned where LabGear has made no error in merchandizing or shipping. Refunds will be made by original method of payment. All returns must arrive in its original packaging in as-new resaleable condition, and all freight charges for the return of goods are to be paid by the customer.
    • If you need to return an item for any reason, call, email or login to your registered sales account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button in order to receive a Return Materials Authorization (RMA) code.  We'll notify you via e-mail of your RMA code.  Returns received without RMA code will not be processed or returned.  Attempted delivery without RMA codes may be refused.
    • When a product becomes defective within the warranty period, we will assist in arranging for a full refund, product repair, or a replacement with new or refurbished product of the same type or equivalent in accordance with the manufacturer's warranty policy and findings. Replacement product or parts will be warranted from the date of original invoice or 30 days from the RMA date, whichever is greater. Note that many manufacturers will charge a fee if no fault is found with the returned product.  Once we've received and processed the returned item we will notify you of the replacement, return, repair or refund for the returned item. 
    • Some products must be serviced only at the manufacturer's Authorized Service Center and may require an extended time for findings, repair or replacement. We will do our best to keep you informed of the process and advocate for our customers with the manufacturer.
    • *There are exceptions to our Return Policy including, but not limited to:
      • - Linear glass items which are 30" or longer in length,
      • - Special Order products,
      • - Orders shipped outside the contiguous U.S. 48 states.
  11. LabGear may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
  12. Mistaken and Damaged Shipments. LabGear will replace the order and refund any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 14 days of delivery. To return any mistaken or damaged item, please call our toll free number to obtain a Returned Material Authorization (RMA). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to LabGear. LabGear may at any time limit the number of delivery attempts based on unfavorable delivery history resulting from, but not limited to, damage, loss, or theft.
  13. Limitation of Liability. TO THE MAXIMUM EXTENT ALLOWED BY LAW, SCIENCE LIGHTING SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, THE CATALOG, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SCIENCE LIGHTING EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  14. Severability.  If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.
  15. Governing Law. These Terms of Sale shall be governed by and construed in accordance with the laws of the State of California.
  16. Arbitration.  Any dispute or disagreement arising out of these Terms of Sale, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Santa Clara County, California.
  17. Jurisdiction and Venue.  You and LabGear (collectively the "Parties" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of California located in Santa Clara County, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.
  18. Waivers and Amendments.  The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in a writing signed by the Parties.