Sales Policies

Acceptance

All sales are subject to and expressly conditioned upon these Terms and Conditions of Sale set forth herein and upon buyer’s consent to same. No variation of these Terms and Conditions of Sale shall be binding on seller unless agreed to in writing and signed by an officer or other authorized representative of seller.

Orders

We accept orders online through our website. You may also send an email to orders@Humidi-Cure.com, fax us at 760-659-4131, or call us at 760-214-9328 - 1002. For full details, please see our Customer Order Instructions.

Pricing and Content Information

ATMOSISciences Inc. services many markets and customers, including end-users, distributors and other wholesalers worldwide while providing e-commerce applications. Pricing information presented online is valid for USA-based and other select international end-users wherein ATMOSISciences sells directly. If you have an account with ATMOSISciences , please login in with your email address and password in order to see your applicable account pricing. The prices at the product level will change after login if your account has a different price list.

All sales are subject to ATMOSISciences review and approval, which will be considered against existing distribution agreements present in various worldwide territories. In the event that an item is listed at an incorrect price or you are ineligible to order such item(s), ATMOSISciences shall have the right, at ATMOSISciences 's sole discretion, to refuse or cancel any orders placed for that item. Any order placed online from a new customer, is subject to ATMOSISciences 's approval, new account screening and application process. Until the new account process is complete, no order will be approved or shipped.

Order Acceptance

All orders are subject to ATMOSISciences review and approval before any shipment is made. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion.

For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and accounting department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

Pricing Agreements

ATMOSISciences provides quotations in USA dollars with a validity of 30 days, but quotes may be subject to change at any time by ATMOSISciences without prior notice. To receive a quote, please visit our New Customers Area or email sales@ATMOSISciences .com. Prices may also be set in our Distribution Agreements.

Payment and Credit Terms

ATMOSISciences requires new customers prepay their initial orders. Based on products ordered and other factors, ATMOSISciences may, at its discretion, establish credit and payment terms, which are typically net 30 days.

Shipping Policies

ATMOSISciences utilizes Federal Express UPS and USPS, as express and ground shippers and DEDOLA Global Logistics as its freight forwarder. However, ATMOSISciences can also ship via other air forwarders but it is the customers' responsibility to ensure the shipper meets our transport conditions. All shipments are sent freight collect, unless otherwise arranged, or the order is prepaid and inclusive of freight charges. Manufacturer agrees to properly pack all items for shipment. Risk of loss due to damage or destruction of products shall be borne by buyer after delivery to the carrier for shipment. All orders are subject to acceptance by buyer.

Shipment & Storage Conditions

Immunoassay products may be transported at ambient temperature provided transit time less than five days and temperatures are less than 30ºC. For warmer climates or seasons (that is, greater than 30ºC) transport must be less than 2 days.

Upon arrival, product(s) must be stored in refrigerated conditions (2ºC to 8ºC) at Customer’s warehouse or end-user site. Further information is detailed in our Sales Agreements. Biomaterial products may have different requirements and will be discussed at time of sale with buyer.

Evaluation Samples

It is our policy to provide trial samples to potential customers for a nominal fee. Please request “ATMOSISciences trial kit ” from Humidi-Cure sales team by contacting sales@Humidi-Cure.com.

Special Handling

Products requiring special packaging, are subject to a handling charge.

Returns

No returns are accepted without prior authorization from ATMOSISciences . Please contact customerservice@Humidi-Cure.com to determine eligibility of return and applicable restocking fees.

Export Policy

You acknowledge that goods purchased from ATMOSISciences , may be subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, from ATMOSISciences directly and/or by website, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act - and you represent and warrant that you will not transfer, redirect product or otherwise, orders purchased by you without written acknowledgment or agreement products to unauthorized markets, destination in violation of ATMOSISciences distribution and selling policies.

Export Registration & Documentation

ATMOSISciences can provide you with commercial invoice(s) or declaration of origin. MSDS may be downloaded on our website. Should the government(s) in your market(s) require additional approvals, we are happy to work with you and/or their import agencies.

Product Documents

At time of shipment if requested by customer, ATMOSISciences will email statement of conformity confirming that quality control standards were met. In the Customer Center under your specific account access you may also request prior transactions including invoices which list product detail included with each sale.

Design Output

If you require detailed product information for internal or government purposes, ATMOSISciences can provide a design output for each immunoassay to describe the product’s design, packaging and appearance, performance, and active ingredients.

Disclaimer

ATMOSISciences warrants (to the original purchaser only) that products confirm to the specifications as described at the time of the shipment. Buyer acknowledges and agrees that, in the event that any of ATMOSISciences ’s products are discovered to be defective at any time during their shelf life, buyer’s sole remedy is either the replacement of the defective product or the issuance of a financial credit representing the purchase cost. Buyer agrees that in no event or under any circumstances shall ATMOSISciences be liable for any actual, consequential, punitive damages, personal injury, loss of business, profit, or any other damages whatsoever other than the value of replacement cost of the defective product. ATMOSISciences makes no other warranty, express or implied.

Indemnification

Buyer agrees to indemnify and hold harmless ATMOSISciences, its Humidi-Cure and HumidiShield brands and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including without limitation, attorneys’ fees as provided in this agreement, arising out of the willful misconduct, negligent or intentional misrepresentation, negligence, errors or omissions, breach of contract or other conduct of buyer or its employees, agents, representatives or any person acting on behalf of buyer which arises out of any representation, warranty, or contract made by buyer or its representatives with respect to ATMOSISciences ’s products.

Choice of Law and Venue

To the extent they are not pre-empted by federal law, these Terms and Conditions of Sale are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions of Sale submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Diego in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions of Sale, the prevailing party shall be entitled to costs and attorney fees. In the event that any of the Terms and Conditions of Sale are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Headings

The section titles, captions, and headings contained in the instant Terms and Conditions of Sale are inserted only as a matter of convenience and for reference, and shall in no way be construed to define, limit, or extend the scope of these Terms and Conditions or the intent of any of its provisions.

Interpretation

These Terms and Conditions of Sale shall be construed according to their fair meaning and not strictly for or against buyer or seller.