THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM Scientific Industries, Inc. (Scientific Industries). PLEASE READ IT CAREFULLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS. NO OTHER TERMS APPLY.
Definitions
"Product" shall mean any item offered for sale on the scientificindustries.com website.
Entire Agreement
The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.
Order Acceptance by Scientific Industries
All orders of Products placed by you with Scientific Industries shall be subject to acceptance by Scientific Industries.
Limited Warranties
With respect to Scientific Industries' Products, Scientific Industries makes no warranties except those stated in the limited warranty cards included with the Products. With respect to third party Products, such Products are sold by Scientific Industries AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims.
SCIENTIFIC INDUSTRIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
Payment Terms, Price Confirmation, and Billing Errors
Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Scientific Industries will charge credit cards upon shipment. Scientific Industries payment terms are subject to change without notice at Scientific Industries' sole discretion. For web orders, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on the Scientific Industries (scientificindustries.com) website is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Resale
You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale.
Taxes
Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, you must provide Scientific Industries with an appropriate tax exemption certificate.
Receiving Your Order:
Upon receipt of your new scale, please inspect it, its contents and their condition carefully. All claims for damaged or missing items MUST be reported to Scientific Industries, Inc. within two (2) business days of receipt.
Carefully unpack the scale and be sure NOT to damage or destroy the packaging. DO NOT discard any components of the packaging such as boxes, envelopes, foam inserts, bags etc. You should use the original packaging whenever storing or transporting the scale. Keep the packing slip and the invoice in a safe place.
Scientific Industries products are a sensitive and a delicate instrument. Always handle your scale with care and read all of the enclosed cautionary notes and the instruction manuals before installing and using the unit.
Return Policy for Benchtop Laboratory Products (Mixers, Shakers, Stirrers, Incubators, and other benchtop laboratory equipment):
All online sales are final, except for "out-of-box" failures. If the purchaser received a product that is an "out-of-box" failure, then product may be returned for refund or replacement. All returns must be authorized by Scientific Industries via a Return Authorization in order to insure proper refund or replacement. Requests must be made within 10 days of purchase, by calling Customer Service at 888-850-6208. All other returns will incur a 20% restocking fee, excluding shipping charges. Shipping charges are none refundable. Products must be in completely resalable condition (including all packaging and related accessories). Refunds and replacements shall not be granted for merchandise that is not in original condition. Please refer to your warranty card received with your product to determine Scientific Industries' warranty policy.
Return Policy for Weighing Products (Scales, Balances, Force Gauges, and all other weighing equipment):
Items approved for return must be received by Scientific Industries within fourteen (14) calendar days (postmark NOT considered) of delivery receipt. All refunds are subject to a twenty percent (20%) restocking fee of the total purchase value, excluding shipping charges. Shipping charges are none refundable. If defective or damaged, all items may be exchanged within thirty (30) days of receipt for the same model only. If an upgrade to the purchase has been made, the 14 day return period is reduced by the number of days the first purchase has been in possession.
In order to return or exchange equipment, the following conditions must be satisfied (NO EXCEPTIONS):
1. Before returning the scale, contact Customer Service to obtain a pre-approval, an RMA number, and shipping instructions. Returns without an RMA number will be refused.
2. The scale or balance must be packed in original packaging exactly as specified on the enclosed packing specifications sheet, or as instructed by a customer service representative.
3. DO NOT ship the scale via United States Postal Service. Always use a common carrier with a shipment tracking service and insure the merchandise. All shipping charges must be prepaid.
4. The scale must be in the same new condition as when sold, with literature and all instruction manuals. Customer is responsible for missing items, as well as all damages caused by improper use, mishandling, or shipping damages caused by inadequate packing.
5. All refunds are made within 10 to 14 business days. Scientific Industries Inc. reserves the right to issue the refund via mail by check only.
Products
Scientific Industries continually updates and revises its products. Scientific Industries may revise and/or discontinue Products at any time. Changes in products shipped and products described on the scientificindustries.com website and/or direct sales materials are possible.
Shipping and Handling/Risk of Loss
Product prices do not include Shipping and Handling charges. Scientific Industries will use its discretion in selecting a reputable carrier and appropriate means of shipment. Risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.
Limitation of Liability
BOTH YOURS AND SCIENTIFIC INDUSTRIES' LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR SCIENTIFIC INDUSTRIES BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR SCIENTIFIC INDUSTRIES SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Title to Product(s) other than software passes from Scientific Industries to you upon shipment from Scientific Industries' facility. Title to software shall remain with the applicable licensor(s).
Governing Law/Waiver of Jury Trial
This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of New York, without regard to conflicts of laws rules. You agree that the courts of New York shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either Suffolk County, New York; or the Eastern District of New York of the United States District Court.
THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
Headings
The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Critical Components
The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.
Force Majeure
Scientific Industries shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Scientific Industries. Quantities are subject to availability. In the event of shortage, Scientific Industries may allocate sales and deliveries in its sole discretion.
Waiver / Invalidity
Failure of Scientific Industries to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.
Entire Agreement
These terms and conditions constitute the entire and exclusive agreement between you and Scientific Industries concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Scientific Industries.
User Agreement
This website is a complimentary web store offered by Scientific Industries, Inc. at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Access to and use of this Website is provided subject to these terms and conditions.
Privacy Agreement
We are committed to protecting your privacy while shopping online. We use SSL (Secure Socket Layer) encryption to ensure that all your personal information, including credit and debit card numbers, name, and address cannot be read by others. SSL is one of the most secure encryption technologies available. The characters you enter are converted to bits of code that are then securely transmitted over the Internet. Our site uses cookies to keep track of your shopping cart. We may use your current IP address to help diagnose problems with our server and to administer our website.
We will only use the information that you provide to us in a lawful manor ( in accordance with the Data Protection Act of 1998). We will not sell, transfer, or otherwise give up any of your information, unless required by law.
The information we collect from you is used to process your order and to ensure that we can provide you with the best service possible.
Use of Content
The contents of this website are solely for the personal use of website users. You may not resell, republish, or copy (other than a copy for personal use), any of the contents of this website without the prior written consent of Scientific Industries, which may be withheld in its sole discretion.
Links
This web site may link to other websites and websites operated by third parties. Scientific Industries has no control over any such other websites or the contents therein. Existence of links shall not constitute an endorsement by Scientific Industries of such web-sites, their contents or operators.
Copyrights and Other Intellectual Property
Except where otherwise expressly noted, all contents of this website, including the graphics, icons and overall appearance of the website, are the sole and exclusive property of Scientific Industries. The posting of the contents of this website neither constitutes a waiver of any of Scientific Industries' proprietary rights, including but not limited to, copyrights, trademarks, patents, and other intellectual property, nor a transfer or license by implication or otherwise of any such right or of any license to the website user or to any third party. Contents of this website are protected by United States and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any contents you obtain from the website.
UPS and the UPS brandmark are trademarks that are used with permission by the owner, United Parcel Service of America, Inc. All rights reserved.
Modifications
Scientific Industries may at any time make modifications, changes, and alterations to the contents of this website, including these Terms and Conditions, without prior notice.
1. SMS Notification Programs
1.1 Program Description
Scientific Industries operates the following SMS notification programs (each a “Program,” collectively the “Programs”), through which it sends automated text messages to users who have opted in to receive them. All messages are transactional, operational, or security-related in nature and are not sent for marketing or promotional purposes.
1.2 Program Types and Message Categories
Depending on the Program(s) you have opted into, messages sent by Scientific Industries may include:
- VIVID Alerts — Service Status Notifications: Automated alerts regarding the operational status of the VIVID Plus software platform, including service outage alerts, estimated restoration updates, service restoration confirmations, and critical maintenance notices.
- TORBAL RMA — Repair Status Notifications: Automated updates for customers who have submitted a Return Merchandise Authorization (RMA) request for a TORBAL product, including receipt confirmation, repair progress updates, and shipment notifications.
- Two-Factor Authentication (2FA) / One-Time Passcodes: Single-use verification codes sent to authenticate user identity during login or account verification actions on Scientific Industries web tools and web applications.
2. Opt-In; Consent to Receive Messages
2.1 Enrollment
You may opt in to one or more of Scientific Industries’ SMS Programs as follows:
- VIVID Alerts: By providing a mobile telephone number on the VIVID Plus account registration form or account settings page at www.pillcounters.com and checking the box labeled “I agree to receive VIVID service status SMS alerts from Scientific Industries, Inc.”
- TORBAL RMA Updates: By providing a mobile telephone number during the RMA submission process and checking the box confirming consent to receive SMS repair status updates from Scientific Industries, Inc.
- Two-Factor Authentication: By entering a mobile telephone number during account registration or profile setup on any Scientific Industries web tool or web application and confirming consent to receive one-time passcodes via SMS for login verification.
2.2 Nature of Consent
You acknowledge and agree that:
- Consent to receive SMS messages is not a condition of purchasing any Scientific Industries product or service;
- Consent applies to the specific mobile number provided at the time of opt-in; and
- You are responsible for ensuring that the mobile number provided is your own and that you are authorized to receive messages at that number.
3. Message Frequency
Message frequency varies by Program and is event-driven. Scientific Industries does not send scheduled or recurring promotional messages. Specifically:
- VIVID Alerts: Messages are sent only when a qualifying service event occurs. Under normal operating conditions with no service disruptions, you may receive no messages during a given period.
- TORBAL RMA Updates: Messages are sent at key milestones during the repair process. You may receive up to approximately 4–6 messages per RMA case from submission through return shipment.
- Two-Factor Authentication: One message is sent per login or verification action that you initiate. Messages are only triggered by your own action.
4. Charges; Message and Data Rates
Message and data rates may apply. Text messages are delivered via standard SMS and MMS channels. Your mobile carrier may charge fees for sending and receiving text messages and/or for data usage. Scientific Industries is not responsible for any charges imposed by your mobile carrier. Please contact your mobile carrier for information about your messaging and data plan.
5. How to Opt Out
5.1 Opt-Out by Reply
You may opt out of receiving SMS messages from Scientific Industries at any time by replying STOP to any message you receive from us. Upon receipt of a valid STOP message, Scientific Industries will send a single confirmation message and will cease sending SMS messages to that number under the applicable Program, subject to any legally required communications.
5.2 Other Opt-Out Methods
You may also opt out by:
- Logging into your account on the applicable Scientific Industries platform and updating your SMS notification preferences; or
- Contacting Scientific Industries customer support at support@scientificindustries.com and requesting removal from one or more Programs.
5.3 Effect of Opt-Out
Opting out of SMS notifications will not affect your subscription, product access, account status, or any other rights or obligations under any applicable agreement with Scientific Industries. For 2FA opt-outs, alternative verification methods may be required to access your account.
6. Help and Support
For assistance with any Scientific Industries SMS Program, reply HELP to any message you receive from us or contact Scientific Industries at:
Bohemia, NY 11716
support@scientificindustries.com • www.scientificindustries.com
7. Supported Carriers
The Programs are available on most major U.S. wireless carriers, including but not limited to AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, U.S. Cellular, and MetroPCS. Scientific Industries is not responsible for delayed or undelivered messages resulting from carrier outages, filtering decisions, or other carrier-side issues. Carriers are not liable for delayed or undelivered messages.
8. Privacy
Mobile telephone numbers collected in connection with any Program will be used solely to send the notifications described in Section 1.2 above. Scientific Industries will not sell, rent, share, or otherwise disclose mobile numbers to third parties for their marketing purposes. Mobile numbers will be stored and processed in accordance with Scientific Industries’ Privacy Policy, available at www.scientificindustries.com/privacy-policy, which is incorporated herein by reference.
9. Modifications to the Programs
Scientific Industries reserves the right, in its sole discretion, to modify, suspend, or discontinue any SMS Program at any time upon prior notice. Scientific Industries may also modify these SMS Terms by posting an updated version at www.scientificindustries.com and/or by providing notice via the contact information on file. Continued participation in any Program following such modification constitutes your acceptance of the updated terms.
10. No Warranty; Limitation of Liability
SMS notifications are provided on an “as is” and “as available” basis. Scientific Industries does not warrant that SMS messages will be delivered in a timely manner or at all. Delivery of SMS messages is subject to effective transmission by your wireless carrier and compatibility of your mobile device. Scientific Industries shall not be liable for any damages arising from delayed, undelivered, misdirected, or intercepted SMS messages. The limitations of liability set forth in any applicable agreement between you and Scientific Industries apply in full to these SMS Terms.
11. General
These SMS Terms are governed by the laws of the State of New York, without reference to conflicts of law principles. If any provision of these SMS Terms is held to be unenforceable, the remainder shall continue in full force and effect. These SMS Terms, together with any applicable subscription or service agreement between you and Scientific Industries, constitute the entire agreement between the parties with respect to SMS and text message notifications from Scientific Industries.