The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Next Advance, Inc. (“NAI”) to NAI’s customers (“Customers").

1. ORDERS. Orders will be initiated by Customer issuing a purchase order (“order”) to NAI. Purchase Orders will identify the Products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to NAI’s acceptance and to these Terms and Conditions. Customer may, without charge, cancel an order for standard Products provided such order is scheduled for shipment by NAI more than sixty (60) days after NAI receives written notice of cancellation from Customer. Customer requests to cancel an order for standard Products scheduled for shipment by NAI within sixty (60) days after NAI receives written notice of cancellation may be accepted by NAI in its sole discretion, which acceptance may be subject to Customer’s accepting a charge determined in writing by NAI. Customer requests to reschedule are subject to acceptance by NAI in its sole discretion. Orders may not be canceled or rescheduled after delivery by NAI to the carrier. Customer may not cancel orders for non-standard Products. Non-standard products include, without limitation, Products which are special orders, custom orders, orders for non-standard products, products not customarily in stock, and products identified as “NCNR” or otherwise non-cancelable and non-returnable. Product specifications and availability are subject to change without prior notice. NAI reserves the right to limit quantities.

2. PRICES. Orders are billed at the prices (in US dollars) in effect at the time of placement of order. The website reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. If Customer does not purchase the quantity upon which quantity prices are based, Customer will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices for any rescheduled deliveries may be increased by NAI in the event of an increase in NAI’s prices or costs or causes beyond NAI’s reasonable control.

3. TERMS OF PAYMENT. Payment is net thirty (30) days from date of invoice. Orders are subject to credit approval by NAI, which may in its sole discretion at any time change the terms of Customer's credit or require advance payment or payment by official bank check. If NAI reasonably believes that Customer's ability to make payments is impaired, NAI may cancel any order or remaining balance thereof, and Customer will remain liable to pay NAI for Products already shipped. Customer will submit such financial information as NAI may reasonably require for determination of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by NAI against any obligation owing by Customer to NAI under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to NAI. The acceptance by NAI of such check will not constitute a waiver of NAI's right to pursue the collection of any remaining balance. Customer will pay the entire net amount of each invoice from NAI pursuant to the terms of such invoice without offset or deduction. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, NAI may pursue any legal or equitable remedies, in which event NAI will be entitled to reimbursement for costs of collection and reasonable attorneys' fees. There is a $25.00 service charge on all returned checks.

4. SALES TAX. NAI is required by law to collect sales tax in New York State.  This tax is in addition to the purchase price of the Products subject to an order. If you are exempt from tax, an original signed tax exemption certificate must be sent to NAI. Without a valid signed tax exemption certificate on file at NAI, all applicable taxes will be charged to the Customer.

5. DELIVERY AND TITLE. NAI will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by NAI are estimates only and that NAI will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by NAI unless specifically designated by Customer. All shipments by NAI are F.O.B. point of shipment from NAI’s facility and the amount of all transportation charges shall be paid to NAI by the Customer in addition to the purchase price of the Products. Subject to NAI's right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and risk of loss will thereupon pass to Customer; however, title shall remain in NAI until payment in full for the Products by Customer. Products invoiced and held by NAI at Customer’s request will be held at Customer's risk and expense. Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Thereafter, delivery will be timely unless prior to shipment NAI has received written notice of cancellation valid under Section 1.  Delay in delivery of one installment will not entitle Customer to cancel any other installment(s).

6. LIMITED WARRANTY AND LIMITATION OF LIABILITIES. NAI will replace or repair defective products according to warranties stated for each individual product.  NAI makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, NAI MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT.  NAI’s liability is limited (at NAI’s election) to (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to NAI, along with acceptable evidence of purchase.  Further, no warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been altered in any way. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND NAI SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL/REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM NAI FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.

7. DATA ERRORS AND OMISSIONS. NAI makes every effort to ensure the accuracy of the information published in our brochures and on our Internet site.  The documents and graphics published may contain technical inaccuracies or typographical errors. NAI makes no representations about the information and graphics presented. All such documents and graphics are provided “as-is” without warranty of any kind.

8. SHIPMENT DAMAGE. Product shipped from NAI’s distribution center is carefully packed.  Claims for loss or damage in transit must be made with the carrier by Customer. All shipments should be fully unpacked and inspected immediately upon receipt. It is important to keep the shipping carton, packing material and parts intact for inspection by the carrier’s agent. Visible Loss or Damage. Any external evidence of loss or damage must be noted on the freight bill or carrier’s receipt and signed by the carrier’s agent. Failure to do this will result in the carrier refusing to honor the claim. For your protection our billing includes insurance for damage or loss in transit. Concealed Loss or Damage. If damage is not discovered until the shipment is unpacked, make a request for inspection by the carrier’s agent and file a claim with the carrier.

9. LIMITATIONS OF USE. Products are intended for commercial use only. Products sold by NAI are not recommended or authorized for use in life support, surgical implantation, aircraft or nuclear applications. NAI’s Customers using or selling Products for use in life support, surgical implantation, aircraft or nuclear applications do so at their own risk, agree that NAI and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use, and agree to fully indemnify, defend and hold harmless NAI and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with the use or performance of Products in life support, surgical implantation, aircraft or nuclear applications.

10. STATEMENTS AND ADVICE. If statements or advice, technical or otherwise, is offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and NAI will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.

11. FORCE MAJEURE. NAI will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. NAI’s time for delivery or performance will be extended by the period of such delay or NAI may, at its option, cancel any order or remaining part thereof without liability by giving notice to Customer.

12. GENERAL. The Terms and Conditions may not be modified or cancelled without NAI’s written agreement. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of Products. No rights, duties, agreements or obligations hereunder may be assigned or transferred by Customer without the prior written consent of NAI. The obligations, rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. The waiver of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York and the applicable laws of the United States. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals.

13. INTERNATIONAL ORDERS. NAI accepts orders from other countries. All orders of international origin are exported from the U.S. in accordance with Export Administration Regulations. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. Minimum order is $200.00.  Terms for payment on export orders are cash or credit card. Credit terms are available to qualified customers, and payments made be made by check or wire transfer.

14.  RETURNED GOODS.   Non-damaged products returned within the 30 day Risk Free period will be fully refunded, less shipping costs.  Products returned after this period will be taken back at the discretion of NAI and if they are in new condition, and a restocking fee of 10% will apply.  Returns of disposable products, such as microcentrifuge tubes and beads are at the discretion of NAI.