Ecera Trading Terms and Conditions of Sale to End Users and Non-Named Distributors
We understand that :
(“Ecera Trading”, “we”, “our”, “us”) refers to the website with the address eceratrading.com
(“User”, “Customer”, “you”, “he”, “she”), person who accesses our website.
1 – Acceptance of Terms
By purchasing and accepting the delivery of products provided by Ecera Trading (“Products”), you agree to these terms and conditions (“Terms and Conditions”). Any other Terms and Conditions contained in any order form or other document submitted to you that are inconsistent or conflicting will be considered null and void and without effect.
2 – Changes
After submitted (s), your order (s) can only undergo any change (s) with the prior and express approval of Ecera Trading, changes that may require different terms, including change in price and / or delivery time. The cancellation of any order after its submission is prohibited, unless expressly approved in writing by Ecera Trading, which approval may be subject to the payment of costs or other expenses incurred by Ecera Trading, including, but not limited to, storage and transportation costs, production costs for non-standard materials, purchase costs for non-returnable materials, cancellation costs imposed on Ecera Trading by its suppliers, as well as any other costs resulting from cancellation. An invoice of costs, certified by a director or other authorized representative of Ecera Trading, will be issued for the collection of such costs. Ecera Trading reserves the right to cancel any order, in whole or in part, if the client commits any violation of these terms and conditions or the client’s bankruptcy is declared, insolvency, dissolution, deferral of processing of judicial reorganization processes or extrajudicial, or when any event occurs that causes Ecera Trading to reasonably question its solvency.
3 – Deliveries, complaints
All sales will be delivered in the manner specified by Ecera Trading when ordering, and you agree to pay all shipping and handling costs. Shipments to other countries Ecera Trading is not responsible for taxes and customs fees of the country for export. The normal method of transport for each item is listed in the catalog, in the showcase of the online store, from Ecera Trading. However, Ecera Trading reserves the right to determine, at its sole discretion, at no additional cost to those already agreed, the exact method of transportation for any specific shipment. Ecera Trading reserves the right to make fractional deliveries, which fractions will be invoiced separately and paid upon maturity in accordance with the invoice, without considering subsequent deliveries. Delay in delivering any fraction will not relieve you of your obligations to accept the remaining deliveries. Immediately after receiving any Products shipped in accordance with this instrument, you must inspect them and notify Ecera Trading in writing of any complaints of insufficiencies, defects or damage, keeping the Products up to Ecera Trading’s instructions on their disposal. If you do not notify Ecera Trading within seven days of receiving the Products, it will be considered definitively that such Products are in accordance with the terms and conditions of this instrument and have been accepted by you irrevocably.
4 – Delays
Ecera Trading will not be responsible for any loss, damage or fine resulting from any delay or failure of manufacture, delivery or otherwise execution, which was caused by unforeseeable circumstances or force majeure, which includes, among other causes, reactions unsuccessful, act (s) committed by you, embargo or other act, regulation or government request that affects the performance of Ecera Trading activities, fire, explosion, accident, theft, vandalism, turmoil, belligerent acts, strikes or other labor difficulties, lightning, floods, storms or other acts of God, delay in transportation, or inability to obtain the necessary manpower, fuel, materials, supplies or energy, at the prices in force at the time. If any of these events persist for more than 180 days, either party may cancel your order, and you must pay Ecera Trading for the work performed or products already delivered before the cancellation, as well as all reasonable expenses incurred by Ecera Trading for the supply fulfilled. In the event of delays in delivery or execution that are caused by force majeure, by accident or by you, the date of delivery of the products or execution of the provision of services will be extended by the period of delay actually suffered by Ecera Trading or as agreed. wake up.
5 – Product Allocation
If Ecera Trading, for any reason, is unable to supply the total Product requirements specified in your order, it may allocate your supply. o feasible between any or all customers (including Ecera Trading distributors).
6 – Payment and interest
Unless otherwise agreed, full payment will be made within the period granted to the customer after receipt of the invoice. Ecera Trading reserves the right to require an advance deposit of up to 100% of the purchase price at the time of the order or at any time before delivery, as a condition for its completion. If for any reason Ecera Trading considers, in its sole and unrestricted discretion, that the eventual receipt of the purchase price is uncertain, it may, without warning you, delay or postpone the delivery of the Products and, also at its discretion, change the payment terms for full or partial advance payment, for the entire balance of Products not yet delivered. In the event of default by you with respect to the payment of the purchase price or otherwise, Ecera Trading may, at its discretion and without prejudice to any other legal remedies at its disposal, defer delivery, cancel your order and any other order of yours , or sell any undelivered products in your possession, applying the proceeds obtained as a credit, without any type of compensation or deduction, against the agreed purchase price, agreeing to pay Ecera Trading the balance due, as soon as requested. You agree to pay all costs, including, but not limited to, reasonable legal and accounting fees, as well as other collection expenses resulting from any default on your part by any of the terms of this instrument. Invoices that are not paid until their respective maturity will be subject to an interest rate of 1.0% per month, in addition to monetary restatement according to the variation of the IPC-A / IBGE or, failing that, by the index that comes to be used by the Central Bank of Brazil to define its inflation policy. It is your obligation to pay all costs of collecting unpaid amounts, including (but not limited to) attorney’s fees and related costs.
7 – Taxes and other fees
The taxes levied on this sale will be paid by the taxpayer, as defined by law.
8 – Prices
Any quotation provided by Ecera Trading will be considered valid only if you submit the corresponding order within the period specified in the quotation or, if no term is mentioned, within 30 days. You are required to request the shipment of the entire quantity of Products ordered within 6 months of the order date, otherwise, the standard prices of Ecera Trading in force at the time of shipment for future deliveries may apply, at Ecera Trading’s discretion.
9 – Price changes
Notwithstanding any price quotations or prices listed by Ecera Trading, if, at any time before delivery, Ecera Trading’s material costs increase by 10% or more, then Ecera Trading may cancel any orders accepted but not delivered, or condition the continuation of any order to its agreement with a corresponding increase in price.
10 – Warranties
Ecera Trading guarantees that its products, at the time of delivery, will be in accordance with the description of these products provided to you by Ecera Trading through the catalog, the virtual store window, analytical data or other literature valid at the time of Ecera Trading. THIS WARRANTY IS EXCLUSIVE AND ECERA TRADING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE. Ecera Trading’s warranties made in connection with this sale will be void if Ecera Trading finds that you have misused the Products in any way, have not used the Products in accordance with industry standards and practices, or have not used the Products in accordance with the instructions, if any, provided by Ecera Trading. ECERA TRADING’S SOLE RESPONSIBILITY WITH REGARD TO THIS SALE IS LIMITED TO THE TOTAL SALES VALUE OF THE PRODUCTS.
11 – Your use of the Products
Ecera Trading Products are basically intended for laboratory research purposes and, unless otherwise indicated on the product labels, in the catalog, in the shop window, at Ecera Trading or in other literature provided to you, they must not be used. used for any other purpose, including but not limited to in vitro diagnostic purposes, in food, medicine, medical devices or cosmetics for humans or animals, or for commercial purposes. You acknowledge that Ecera Trading has not tested the Products for safety and efficacy in food, medicine, medical devices, cosmetics, or in commercial use or any other use, unless otherwise indicated in the literature provided to you by Ecera Trading. You expressly represent and warrant to Ecera Trading that you will properly test, use, manufacture and market any Products purchased from Ecera Trading and / or materials produced with Products purchased from Ecera Trading, in accordance with the practices of a reasonable and specialized person in the area, strictly observing all applicable laws and standards in force or to be sanctioned in the future. You also warrant to Ecera Trading that any materials produced with Products originating from Ecera Trading will not be tampered with or given false marks [misbranded], You assume responsibility for ensuring that Products purchased from Ecera Trading if applicable. You are responsible for checking the risks and conducting any additional research necessary to find out what risks are involved in using the Products purchased from Ecera Trading. You also assume the duty to alert your employees, your associates and any auxiliary personnel (such as freight handlers, etc.) about any risks involved in the use or handling of the Products. You agree to follow the instructions, if any, provided by Ecera Trading regarding the use of the Products and not to misuse the Products in any way whatsoever. If Products purchased from Ecera Trading are to be repackaged, re-labeled or used as inputs or components for other products, you agree to verify the testing of Products made by Ecera Trading. No Product purchased from Ecera Trading will be considered, unless otherwise indicated, food, medicine, medical device or cosmetic.Resale, distribution and export are prohibited
You assure Ecera Trading that you will use the Products directly and as permitted by Article 11 above, and further agree that the Products may not be marketed, distributed, resold or exported by you for any purpose. Unless authorized and expressly written by a director of Ecera Trading.
12 – Returns
Returning the Products as a credit is prohibited, except with the permission of Ecera Trading and, in this case, in strict compliance with Ecera Trading’s return shipping instructions. You are required to obtain prior written authorization from Ecera Trading and a written return authorization document, according to the model in use at the time by Ecera Trading, before returning any Products. Certain items and quantities cannot be returned by credit or under any circumstances. Such items include, but are not limited to: diagnostic reagents, chilled or frozen products; reagents and standards whose expiration date has expired; customized products or special requests; products without labels, parts or instruction manuals; and books, computer software and equipment removed from its original packaging. Any returned items may be subject to a 20% processing fee, and must be returned within 90 days of purchase.
13 – Technical assistance
Upon your request, Ecera Trading will provide, within the legal warranty period, technical assistance and information regarding Ecera Trading Products. ECERA TRADING MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE TECHNICAL ASSISTANCE OR PERSONAL SERVICE OR PERSONAL INFORMATION.
14 – Miscellaneous
Ecera Trading’s omission to strictly impose any specific term or condition contained herein or to exercise any right relating to its order does not constitute a waiver by Ecera Trading of its right to strictly impose these terms or conditions or to exercise such right thereafter. All rights and remedies are cumulative and add to any other rights and remedies available to Ecera Trading by law or by equity. Any waiver of a default on your part must be in writing and will not operate as a waiver of any other default or the same default later. If any of these terms is found to be invalid, illegal or unenforceable, the validity, legality and applicability of the other provisions will not be affected or impaired as a result. The article titles contained herein are intended for convenience of reference only; they are not part of the Terms and Conditions and do not affect their interpretation. These Terms and Conditions will oblige and have their effects for the benefit of the parties and their respective heirs, personal representatives, successors and assignees, and may be applied by them.
15 – Applicable law, controversies
All disputes allegedly arising from the legality, interpretation or execution of your order, Products or any of these Terms and Conditions will be governed by applicable American law. To settle any disputes arising from the performance of this Agreement, the parties elect the Miami Forum, United States of America, with express waiver of any other, however privileged it may be.