Terms & Conditions


Terms of Sales

Terms of Sale   
 
  
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

This Agreement contains the terms and conditions that apply to customers for purchases from Milestone Pharmtech USA Inc.  (hereinafter referred to as “Milestone”) and the Milestone entity named on the invoice that will be provided to you (“Customer”) on orders for products sold. Customer agrees to be bound by and accepts this Agreement as applicable to Customer’s purchase of product(s) from Milestone. As a condition of sale, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions apply (i) unless Customer has signed a separate formal purchase Agreement with Milestone, in which case the separate Agreement shall govern; or (ii) unless other Milestone standard terms apply to the transaction as noted herein or elsewhere. These terms and conditions are subject to change without prior written notice at any time, in Milestone's sole discretion.

1. ORDER ACCEPTANCE POLICY

Customer’s receipt of an electronic or other form of order confirmation does not signify Milestone’s acceptance of Customer’s order, nor does it constitute confirmation of Milestone’s offer to sell. All orders are accepted in New Brunswick, NJ. Milestone reserves the right at any time after receipt of Customer’s order to accept or decline Customer’s order for reasonable cause including but not limited to lack of availability of products, failure by Customer to satisfy payment terms, and/or breach by Customer of this Agreement. If a product is listed at an incorrect price due to typographical error or error in pricing information received from Milestone’s suppliers, Milestone shall have the right to refuse or cancel any orders placed for the product(s) listed at the incorrect price whether or not the order has been confirmed and whether or not payment has been remitted. If payment has been remitted for the purchase and Milestone cancels Customer’s order, Milestone shall forthwith issue a refund equal to the amount remitted for the unaccepted or cancelled order.

2. PAYMENT TERMS

Terms of payment are within Milestone’s sole discretion and unless otherwise agreed to by Milestone. Payment must be received in 30 days after invoice date, or otherwise authorized or secured in a form approved by Milestone prior to Milestone’s acceptance of an order. Payment for the products will be made by company's check, wire transfer, electronic funds transfer or some other prearranged payment method agreed to by Milestone. Invoices are due and payable by the payment date(s) specified through electronic (including but not limited to e-mail), facsimile (fax) and/or verbal confirmation between Milestone and the customer. Milestone may invoice parts of an order separately. Orders are not binding upon Milestone until accepted by Milestone (see Order Acceptance Policy). Any quotations given by Milestone will be valid for the period stated on the quotation. Milestone reserves the right to adjust or cancel quotations as required.

3. SHIPPING

Customer is responsible for all costs of shipping the product(s) to the location specified by Customer. Where applicable, separate charges for shipping and handling will be shown on Milestone’s invoice(s). Shipping rates are for standard pick-up and delivery only and do not include any added services or special equipment (see “Shipping”). If a shipping rate is quoted at an incorrect rate due to typographical error or error in pricing information received from Milestone’s suppliers, Milestone shall have the right to refuse, adjust or cancel any orders placed whether or not the order has been confirmed and whether or not payment has been remitted. Customer is responsible to inspect freight for shortages or signs of damage upon receipt of goods. All freight, loss, and damage claims must be filed with Milestone within ten (10) days from the date the shipment was delivered or in the case of lost freight, within ten (10) days after a reasonable time for delivery has elapsed (see “Claims”). Milestone shall not be liable for special or consequential damages or for any damages arising out of or caused by: (1) Delay, (2) Acts of God or the public enemy, (3) The authority of the law, (4) Strikes, riots or quarantine, (5) The inherent nature or vice of the goods transported.

4. TAXES

Customer is responsible for all sales, use, excise, value-added and other charges associated with the order, however designated, including any duties, clearance charges or other destination charges. If applicable, a separate charge for such items will be shown on Milestone’s invoice.

5. TITLE; RISK OF LOSS

Title to product passes from Milestone to Customer upon completion of shipment of product to Customer by Milestone, unless otherwise stated in terms of purchase (e.g. Letter of Credit). Loss or damage to products that occurs during shipping by a carrier selected by Milestone is Milestone’s responsibility up to limit specified by insurer.

6. LIMITATION ON DAMAGES

MILESTONE DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. MILESTONE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF REVENUE OR OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF THEY WERE FORESEEABLE OR IF MILESTONE WAS ADVISED OF THE POTENTIAL OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, MILESTONE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY REGARDLESS OF THE FORM OF ACTION (I.E. WHETHER THE LAWSUIT IS IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE).

7. RETURN AND EXCHANGE POLICY

Return request must be sent in 10 days after receiving the product. Twenty percent (20%) of invoice total restocking fee will be applied. Restocking fee can not be waived unless Milestone agrees. Milestone monitors product shipments and provides customer assistance in the event of carrier problems or destination errors. Prior to signing for receipt of goods, it is the customer’s responsibility to inspect the product packaging for any indication that damage to the product may have occurred in transit. Failure to do so can void damage claims.

8. CURRENCY

All references to monetary amounts, including prices, in the Milestone's email, fax and/or in this Agreement shall be in U.S. currency.

9. GOVERNING LAW

This Agreement and any sales thereunder shall be governed by the laws of New Jersey and the federal laws of United Statesapplicable therein, without regard to conflict of laws rules. Milestone and Customer exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the State of New Jersey and acknowledges that the user does so voluntarily and is responsible for complying with local laws.


10. OTHER DOCUMENTS

Other than as specifically provided in any separate formal purchase Agreement between Customer and Milestone, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written Agreement signed by both Customer and Milestone.

11. Safety and Liability

The Health and Safety information provided in the Material Safety Data Sheet is correct to the best of our knowledge and information at the date of its publication. It is, in our own opinion, consistent with the state of general scientific and technical knowledge at that date but we can not accept liability for any loss, injury or damage which may result from its use.

The information given is designed only as a guide for safe handling, storage and use of the substance. It is not a specification nor does it guarantee any specific properties.

We recommend that all chemicals be handled by, or under the close supervision of competent scientists properly qualified in the handling and use of potentially hazardous chemicals. Chemicals should always be handled in an efficient fume hood or equivalent system and the fire, health and chemical hazard taken into account. It should be borne in mind that new hazardous products may arise from reactions between chemicals. Care should be taken to prevent any chemical from coming into contact with the skin or eyes and from contaminating personal clothing. Protective clothing should always be worn, including gloves and eye protection.


12. HEADINGS

The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

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Tel:+1-732-579-8201
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