Terms & Conditions
Definitions
“Seller” refers to Discover Peptide, which is responsible for supplying the goods and/or services under the purchase contract or order. “Buyer” refers to the person or entity receiving the goods or services and includes all of Buyer’s agents, subcontractors, employees, and distributors.
Acceptance by Buyer; Purchase Contract
By placing an order with Seller by phone, email, or online, Buyer agrees that this Terms and Conditions document constitutes a binding purchase contract (“Purchase Contract”). Any terms proposed by Buyer that are additional to or different from these Terms shall not apply unless expressly agreed to in writing by Seller.
Performance under this Purchase Contract constitutes Buyer’s acceptance of all terms herein. The rights and obligations of both parties are governed exclusively by these Terms and Conditions.
Payment Terms and Inspection
Buyer shall remit payment to Seller within thirty (30) days of acceptance of a valid invoice, unless otherwise agreed in writing.
Buyer shall have a reasonable time, not exceeding thirty (30) days after receipt, to inspect the goods. If Buyer believes goods are nonconforming, Buyer must contact Seller and obtain written authorization prior to rejection, return, or withholding of payment.
Seller reserves the right to refuse returns for custom-made products, temperature-sensitive products, or otherwise restricted items. Seller may apply a restocking fee of up to twenty percent (20%) for items ordered in error.
Past-due invoices are subject to a service charge of 1.5% per month (18% annually), or the maximum amount permitted by law, whichever is less.
Risk of Loss
Buyer assumes all risk of loss or damage to products upon shipment, unless such loss or damage results solely from Seller’s gross negligence or willful misconduct.
Taxes
Unless otherwise stated, Buyer is responsible for all applicable federal, state, local, use, excise, or other taxes, fees, or assessments related to the purchase.
Force Majeure (Excuse for Nonperformance)
Neither party shall be liable for nonperformance caused by circumstances beyond its reasonable control and not foreseeable. However, Buyer shall not be excused from payment obligations under any circumstances.
Notice of Labor Disputes
Buyer shall promptly notify Seller in writing of any actual or potential labor dispute that may delay or affect payment or performance under this Purchase Contract.
Changes or Cancellation for Convenience
Seller may modify or terminate this Purchase Contract, in whole or in part, for convenience upon written notice. Any equitable adjustment resulting from such modification shall be mutually agreed upon by the parties.
Governing Law and Venue
This Purchase Contract shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles.
Any dispute arising from this agreement shall be resolved exclusively in the state or federal courts located in San Diego County, California, and the parties hereby consent to personal jurisdiction and venue therein.
Access to Records
Seller may examine relevant Buyer records related to this Purchase Contract for up to three (3) years following final payment, as required by applicable law. Additional record-retention requirements shall apply only to the extent mandated by federal law.
Intellectual Property
Seller retains the right to use any technical data, documentation, or materials prepared or generated in connection with performance under this Purchase Contract, unless otherwise agreed in writing.
Research Use Disclaimer
All products sold by Seller are for research use only and are not intended for human or animal consumption, diagnostic use, or therapeutic use.
Seller does not conduct patent searches related to its products. Buyer is solely responsible for determining whether use of any product infringes existing patents or intellectual property rights.
Effective Date
These Terms and Conditions are effective as of the date stated on the applicable order confirmation issued by Seller.
Entire Agreement
These Terms and Conditions constitute the complete and exclusive agreement between Buyer and Seller regarding the subject matter herein and supersede all prior or contemporaneous agreements or communications.
In the event of a conflict between these Terms and any Buyer-proposed terms, these Terms shall prevail unless expressly agreed otherwise in writing by Seller.
Contact Information
Discover Peptide
1325 Pacific Highway #3501
San Diego, CA 92101
Email: info@discoverpeptide.com