Welcome to 1717 CheMall
Terms & conditions
Acceptance of Terms

By purchasing and accepting delivery of products supplied by 1717 CheMall (“Products”) you agree to be bound by these terms and conditions (the “Terms and Conditions”).

Changes

Once submitted, any change(s) to your order(s) may be made only with advance approval from 1717 CheMall and the price, time of delivery, and payment term may be changed accordingly. Once submitted, you may not cancel any order unless cancellation is expressly approved by 1717 CheMall, which approval may be contingent on your payment of 1717 CheMall costs or other charges, including, but not limited to, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation costs imposed on 1717 CheMall by its suppliers, and any other costs resulting from cancellation. 1717 CheMall reserves the right to cancel any order, in whole or in part, upon your breach of these terms and conditions or your bankruptcy, insolvency, dissolution, receivership proceedings, or upon the occurrence of any event leading 1717 CheMall to reasonably question your willingness or ability to perform.

Pricing

Any quotation provided by 1717 CheMall is firm only if you place a corresponding order within the time specified on the quote or, if no time period is mentioned, within 30 days. You must request shipment of the entire quantity of Products ordered within 6 months from the date of order.

Delivery

All sales will be delivered Ex-Works 1717 CheMall’s shipping point unless otherwise noted. Delivery of Products to the carrier at 1717 CheMall’s shipping point shall constitute delivery to you and you shall bear all risk of loss or damage in transit. In general 1717 CheMall will inform the delivery method and shipping charge before dispatch, however 1717 CheMall reserves the right, in its sole discretion, to determine the exact method of shipment for any particular shipment. 1717 CheMall reserves the right to make delivery in installments, all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve you of your obligations to accept remaining deliveries. Immediately upon your receipt of any Products shipped hereunder, you shall inspect the same and shall notify 1717 CheMall in writing of any claims for shortages, defects, or damages and shall hold Products for 1717 CheMall written instructions concerning disposition. If you fail to so notify 1717 CheMall within ten days after the products are received, such Products shall conclusively be deemed to conform to the terms and conditions hereof and to have been irrevocably accepted by you.

Delays

Any specified delivery dates are estimates only and do not represent a promise by 1717 CheMall to deliver Products at a date certain. 1717 CheMall shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond 1717 CheMall’s reasonable control, including, without limitation, unsuccessful reactions, act(s) of you, embargo or other governmental act, regulation or request affecting the conduct of 1717 CheMall business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God, delay in transportation, or inability to obtain necessary labor, fuel, materials, supplies or power at current prices. If any such event continues for longer than 180 days, either party may terminate your order and you will pay 1717 CheMall for work performed prior to termination and all reasonable expenses incurred by 1717 CheMall as a result of termination. In the event of delays in delivery or performance caused by force majeure or by you, the date of delivery or performance shall be extended by the period of time 1717 CheMall is actually delayed or as mutually agreed. If, for reasons other than the foregoing, 1717 CheMall should default or delay or not deliver Products, your sole remedy against 1717 CheMall is an option to cancel your purchase order, through prior written notice to 1717 CheMall.

Returns

Products may not be returned for credit except with 1717 CheMall’s permission, and then only in strict compliance with 1717 CheMall’s return shipment instructions. You must obtain advance written authorization from 1717 CheMall and a written return authorization document in the form then in use by 1717 CheMall, prior to returning any Products. Certain items and quantities may not be returned for credit or under any circumstances. These items include, but are not limited to: diagnostic reagents, refrigerated or frozen products; reagents and standards which have passed their expiration dates; custom products or special orders; products missing labels. Any returned items may be subject to a 20% processing fee and must be returned within 90 days of purchase.

Payment and Interest

Unless otherwise stated, payment in full shall be made within 30 days of invoice. 1717 CheMall reserves the right to require an advanced deposit of up to 100% of the purchase price at the time of order or any time prior to delivery as a condition of performance. If for any reason 1717 CheMall, in its sole and unfettered discretion, deems the ultimate collectability of the purchase price to be in doubt, 1717 CheMall may, without notice to you, delay or postpone the delivery of the Products and may, at its option, change the terms of payment to payment in full or in part in advance, with respect to the entire undelivered balance of Products. In the event of default by you in the payment of the purchase price or otherwise, 1717 CheMall, at its option, without prejudice to any other of 1717 CheMall’s lawful remedies, may defer delivery, cancel your order and any other order of you, or sell any undelivered products on hand for the account of you and apply such proceeds as a credit, without set-off or deduction of any kind, against the agreed upon purchase price, and you agree to pay the balance then due to 1717 CheMall on demand. You agree to pay all costs, including, but not limited to, reasonable attorney and accounting fees and other expenses of collection resulting from any default by you in any of the terms hereof. Invoices remaining unpaid after their due date will be subject to an interest charge of 1.5% per month (or the maximum rate allowed by law). You must pay all costs of collection on unpaid amounts, including (without limitation) attorneys’ fees and related costs.

Taxes and other charges

1717 CheMall shall not be responsible for the payment of any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between, with the sole exception of any sales taxes invoiced and collected from you by 1717 CheMall.

Use of Products

1717 CheMall’s Products are intended primarily for laboratory research purposes and, unless otherwise stated on product labels, in 1717 CheMall’s product directory or in other literature furnished to you, are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes. You acknowledge that the Products have not been tested by 1717 CheMall for safety and efficacy in food, drug, medical device, cosmetic, commercial or any other use, unless otherwise stated in 1717 CheMall’s literature furnished to you. You expressly represent and warrant to 1717 CheMall that you will properly test, use, manufacture and market any Products purchased from 1717 CheMall and/or materials produced with Products purchased from 1717 CheMall in accordance with the practices of a reasonable person who is an expert in the field and in strict compliance with all applicable laws and regulations, now and hereinafter enacted. You further warrant to 1717 CheMall that any material produced with Products from 1717 CheMall shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall not be materials which may not, under Sections 404, 505, or 512 of the Act, be introduced into interstate commerce. 
You realize that, since 1717 CheMall’s Products are, unless otherwise stated, intended primarily for research purposes, they may not be on the Toxic Substances Control Act (TSCA) inventory. You assume responsibility to assure that the Products purchased from 1717 CheMall are approved for use under TSCA, if applicable. You have the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using Products purchased from 1717 CheMall. You also assume the duty to warn your employees, those associated with you and any auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the Products. You agree to comply with instructions, if any, furnished by 1717 CheMall relating to the use of the Products and not misuse the Products in any manner. If the Products purchased from 1717 CheMall are to be repackaged, relabeled or used as starting material or components of other products, you agree that you will verify 1717 CheMall’ assay of the Products. No Products purchased from 1717 CheMall shall, unless otherwise stated, be considered to be foods, drugs, medical devices or cosmetics.

Warranties

1717 CheMall warrants that its products shall, at the time of delivery, conform to the description of such products as provided to you through 1717 CheMall’s product directory, analytical data or other then-current literature. This warranty is exclusive, and 1717 CheMall’s makes no other warranty, express or implied, including any warranty of merchantability, fitness for any particular purpose, or non-infringement of any third-party patent or intellectual property rights. 1717 CheMall’s warranties made in connection with this sale shall not be effective if 1717 CheMall has determined, in its sole discretion, that you have misused the products in any manner, have failed to use the products in accordance with industry standards and practices, or have failed to use the products in accordance with instructions, if any, furnished by 1717 CheMall. 1717 CheMall’s sole and exclusive liability and your exclusive remedy with respect to products proved to 1717 CheMall’s satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in 1717 CheMall’s sole discretion, upon the return of such products in accordance with 1717 CheMall’s instructions. 1717 CheMall shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the products, even if 1717 CheMall has been advised of the possibility of such damage including, without limitation, liability for loss of use, cost of capital, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, any liability of buyer to a third party, or for any labor or any other expense, damage or loss occasioned by such product including, but not limited to, personal injury or property damage unless such personal injury or property damage is caused by 1717 CheMall’s gross negligence. The exclusion of such damages and/or claims shall be deemed independent of, and shall survive, any failure of the essential purpose of any limited remedy arising from the purchase and/or these terms and conditions. 1717 CheMall’s liability for damages hereunder shall in no case exceed the contract price for the specific products that give rise to the breach. These exclusions and limitations on damages shall apply regardless of how the loss or damage may be caused and against any theory of liability, whether based on contract, indemnity, warranty, tort, negligence, strict liability, or any other theory. All claims must be brought within one (1) year of shipment, regardless of their nature.

Patent Disclaimer

1717 CheMall does not warrant that the use or sale of the Products delivered hereunder will not infringe the claims of any United States or other patents covering the product itself or the use thereof in combination with other products or in the operation of any process.

Hazards and Uses

Our products are intended for research purposes only and are not to be used for household purposes or as food or drugs. Furthermore, as a condition of sale, we require our products handled by qualified personnel who are trained and experienced in the field of chemistry. 1717 CheMall products may be covered by use or application patents and we do not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any United States or foreign patents or patents application covering the product itself or the use thereof in combination with other products or in the operation of any process. The buyer is responsible for any patent infringement resulting from its use of our products.

Liability

Buyer’s claim for defective, rejected or off-spec products must be made in writing within thirty days from receipt of said product or buyer’s claims shall be deemed waived. 1717 CheMall’s sole obligation and the purchaser’s exclusive remedy with respect to products proved to our satisfaction to be defective or nonconforming shall be the return of such products to 1717 CheMall and a refund of the purchase price actually paid by the customer. 1717 CheMall shall not be subject to other obligations or liabilities or for special, incidental or consequential damages, whether buyer’s claim is in contract, negligence, strict liability or otherwise even if the seller has been advised of the possibility of such damage. The purchaser shall indemnify 1717 CheMall against all losses (including attorney’s fees and any other cost of defending any action), damages and expenses and liability of any nature whatsoever arising from buyers handling and/or use of product, whether used alone or in combination with any other substance. These terms shall be the only conditions governing the sale of our products. Any statements or further terms of sale implied by the buyer or stated in the buyer’s purchase order shall not be binding.

Governing Law and Disputes

All disputes arising from the legality, interpretation, application, performance of your order, the Products, and/or any of these Terms and Conditions shall be governed by the laws of the State of Illinois, and each party agrees that any dispute arising between them which results in either party instituting court proceedings shall be litigated in the Federal District Court for the District of Illinois if a basis for federal court jurisdiction is present and otherwise in the Circuit Court for the City of Chicago. Notwithstanding the foregoing, nothing in this section shall prevent 1717 CheMall from bringing a claim in any court having jurisdiction over you to enjoin infringement of 1717 CheMall’s trademark, patent or other intellectual property rights, or to prevent irreparable harm to 1717 CheMall. The parties agree to waive, to the fullest extent permitted by law, any and all rights to a trial by jury in connection with any dispute.