Terms and Conditions
TERMS & CONDITIONS
If you have any questions about our ordering process, please contact Customer Services. Unless otherwise expressly agreed in writing, your purchase of products is subject to the following Terms and Conditions:
1. Placing an Order
By placing an order with Nova-Bit, you are offering to purchase a product or service. You represent to Nova-Bit that you are at least 18 years old, that all information provided with your order is true and accurate, that you have made sure the product or service -as specified on our website- are suitable for your particular use and that you are an authorized user of the payment method provided. Nova-Bit reserves the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be from unauthorized parties, including resellers.
Product pricing and product availability are shown on this website; however, the website may contain errors. Pricing or availability may be subject to change at any time without notice. Nova-Bit is not obligated by its offers or any prices on the website. Nova-Bit reserves the right to modify or cancel your purchase for any type of error on the website.
To place an order, simply add the desired items to your Shopping Cart. IT IS SOLELY YOUR RESPONSIBILITY TO MAKE SURE THE PRODUCTS ARE SUITABLE FOR YOUR PARTICULAR USE, BEFORE PLACING AN ORDER. You can add, delete, update, or change the quantities of products in your cart while you shop at the site. Once you are ready to buy, proceed to check out to enter your shipping and payment information to complete your order. You can complete your order as a guest or by opening a Nova-Bit user account. By opening a Nova-Bit.com user account, you can quickly access product support, updates, and promotions. When you send an order, Nova-Bit may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information, and your creditworthiness.
Without incurring in any liability, Nova-Bit reserves the right to refuse any order, correct any inaccuracies or omissions on its website, change or update information for products or services offered, and modify or cancel your order at any time without notice, whether or not the order is confirmed. In case of order modifications, Nova-Bit will attempt to give you prior notice in case you decide to cancel the order. If Nova-Bit cancels your order, Nova-Bit will attempt to notify you via the contact information you provided with your order.
Once you submit your order, you will receive a printable order confirmation screen detailing your order. You will also receive an order confirmation e-mail, which will include your order details. Please be sure to save this order confirmation and/or print out a copy. This is your receipt for proof of purchase; your merchandise will not include an additional receipt.
Once your order has been shipped, Nova-Bit will email a shipping confirmation, including tracking number(s). The shipping carrier requires one business day from that time to validate the tracking information.
Nova-Bit accepts payment via Bank wire transfer, cryptocurrency (such as Bitcoin) or Credit Card on some products.
All orders must be paid in full upon placing the order. Please note that certain orders are subject to a 24-hour verification period to protect all parties from unauthorized credit card use. To assist in minimizing unauthorized card usage, please ensure that your credit card company has all of your current information on file including any alternate or authorized shipping addresses.
If your payment method is charged for an order that is later canceled, Nova-Bit will issue you a refund upon request. Nova-Bit apologize for any inconvenience this may cause you.
3. Delivery, Cancellation and Changes
Delivery. Nova-Bit will ship products to the destination you specify in your order, FCA Incoterms 2010 (unless otherwise stipulated) our shipping point. Nova-Bit may, at its discretion: (i) make partial shipments and invoice each shipment separately; and/or (ii) cancel or stop delivery of products in transit and withhold shipments in whole or in part if payment is not received when due, or if you otherwise do not perform your obligations under this Terms and Conditions.
Nova-Bit shipping dates are approximate only, and Nova-Bit will not be liable for any loss or damages resulting from any delay in delivery. You may not refuse delivery or otherwise be relieved of any obligations as the result of such delay. If Nova-Bit’s delivery of a product is delayed due to any cause within your control, Nova-Bit will place the delayed products in storage at your risk and expense.
Cancellation and Changes. You can cancel or alter your order until you submit it. Once you submit your order, it will be is unable to be cancelled.
If you have a problem with any part of your order, please contact our Customer Service Center. Please include your name and order number.
4. Risk of Loss and Title
Subject to our right to stop delivery of products in transit and excluding software incorporated within or forming part of a product, which Nova-Bit or its licensors continue to own, title to and risk of loss of the products will pass to you when Nova-Bit load them onto the commercial carrier at its facility. At this point you become responsible for risk of loss and damage.
All orders from Nova-Bit.com are final unless the item is deemed defective or DOA on arrival by our technicians.
A return authorization is required for an exchange. Any product shipped to Nova-Bit without a return authorization is not eligible for our refund policy and will be returned to the customer at his or her expense.
If within 10 calendar days of the date of your shipping date, you would like to replace the item, you can contact the Customer Service Center directly. A return authorization number (RAN) and prepaid return shipping label will be provided to you by our Customer Service Center if the item is deemed defective. All purchases must be returned by the original purchaser.
RAN’s are valid for only 10 calendar days from the date issued. Replacement
Merchandise will not be reserved for more than 20 calendar days past the issuance of the RAN. Merchandise that Nova-Bit receives past the return period may be refused and returned. Products must be returned with all accessories originally included with such product. Additional product return instructions may be required. Notification will be sent to the e-mail and/or billing address you provided, should your return not be accepted.
6. Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVA-BIT WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE TERMS AND CONDITIONS, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF NOVA-BIT HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE TERMS AND CONDITIONS, OR ANY PRODUCT OR SERVICE, IS LIMITED TO THE LESSER OF: (i) THE AMOUNT YOU PAID TO NOVA-BIT FOR THE PRODUCT OR SERVICE PURCHASED; OR (ii) $1,000,000 USD. HOWEVER, THESE PROVISIONS DO NOT LIMIT NOVA-BIT’S LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FRAUD AND DEATH OR PERSONAL INJURY CAUSED BY NOVA-BIT’S NEGLIGENCE SHOULD ANY OF THESE BEEN ESTABLISHED.
7. Export Restrictions
Items. You acknowledge that each product and any related software and technology, including technical information Nova-Bit supply you, including those contained in product documents (collectively “Items”), is subject to U.S., EU and/or local government export controls.
Export Controls. The export controls may include, among others, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries.
Compliance Requirements. You must comply with the EAR, and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. You must not, directly or indirectly, without first obtaining the required license to do so from the appropriate U.S. government agency: export, re-export, distribute or supply any Item to: (i) any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government; (ii) any person or entity who is involved in improper development or use of nuclear weapons or of chemicals/biological weapons, or missiles, or in terrorist activities. You will, if Nova-Bit request, provide information on the end user and end use of any Item you export or plan to export.
Audit Cooperation. You will cooperate fully with Nova-Bit in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and will indemnify and hold Nova-Bit harmless from, or in connection with, your or your consultants’, agents’ or employees’ violation of this Section 7.
No Assignment. You may not delegate any duties nor assign any rights or claims hereunder without our prior written consent, and any such attempted delegation or assignment will be void.
Regulatory Restrictions. You must use our products in accordance with the instructions provided. You are solely responsible for making sure that the way you use our products complies with applicable laws, regulations and governmental policies. It is solely your responsibility to make sure the products are suitable for your particular use.
Uncontrollable Circumstances. Nova-Bit will not be responsible or liable for failing to perform our obligations under these Terms and Conditions to the extent caused by circumstances beyond our reasonable control. In certain situations, Nova-Bit may use our reasonable judgment and apportion products then available for delivery fairly among our customers.
No Waiver; Invalidity. Nova-Bit’s failure to exercise any rights under the Terms and Conditions is not a waiver of our rights to damages for your breach of contract and is not a waiver of any subsequent breach. If any provision or part of the Terms and Conditions is found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Terms and Conditions. No person other than you or Nova-Bit will have any rights under the Terms and Conditions.
Headings. Headings are for convenience only and shall not be used in the interpretation of these Terms.
Confidentiality. You agree to keep confidential any non-public technical information, commercial information (including prices, without limitation) or instructions (including any gene sequences, oligo types or sequences) received from Nova-Bit as a result of discussions, negotiations and other communications between Nova-Bit in relation to our products or services.
Notices. Any notice or communication required or permitted under these Terms must be in writing and will be deemed received when personally delivered, or 3 business days after being sent by mail or post requiring a signature indicating its receipt, postage prepaid, to a party’s specified address.
Severability. Any provision of these Terms and Conditions which is prohibited or which is held to be void or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.
Governing Law and Arbitration: These Terms and Conditions are governed by, and shall be construed in accordance with, the 2016 UNIDROIT Principles of International Commercial Contracts. All disputes arising out of or in connection with this Agreement, derived or consequence of it, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) by three arbitrators appointed in accordance with the said Rules. The seat of the Arbitration shall be the City of Miami, Florida, United States of America. The arbitration proceeding shall be conducted in English.