Omni R&D LLC · Terms of Sale
Please read these terms carefully. Your use of this site indicates your acceptance of them. Your submission of any purchase order indicates your acceptance of them, and these terms supersede any conflicting terms included with that purchase order. Omni R&D reserves the right to change this site and these terms at any time.
Acceptance
All orders are subject to and expressly conditioned upon these terms. No variation is binding unless agreed in writing by an authorized representative of Omni R&D. Omni R&D's acceptance of a purchase order is expressly limited to these terms, and any additional or conflicting terms proposed by the buyer are rejected unless separately accepted in writing.
Quotations
Quotations are valid for 30 days from the date issued unless the quotation states otherwise. After that period, pricing, freight, and lead time are subject to reconfirmation.
Prices are in U.S. dollars. Specifications, configuration, voltage, and lead time are as stated on the quotation, which controls in the event of any conflict with catalog or website descriptions.
Changes and cancellation
Purchase orders may be changed or amended only by written agreement identifying the specific changes and their effect on price and delivery. Notify Omni R&D in writing promptly and prior to shipment to request a change. Omni R&D reserves the right to adjust price and delivery time for any changed order.
Orders may not be cancelled without Omni R&D's express written consent. Custom, configured, and built-to-order items may not be cancelled or returned once the order is placed.
Payment
Omni R&D accepts payment by ACH transfer, wire transfer, or check. Credit cards are not accepted.
Payment is due in full prior to shipment. Net 30 day terms are available to approved accounts upon request and credit approval. Late balances accrue a service charge of 1.5% per month on the unpaid amount, or the maximum rate permitted by law, whichever is less.
Omni R&D reserves the right to modify or withdraw payment terms if an account becomes past due, and to withhold shipment on any order while a balance is outstanding. Title to the goods remains with Omni R&D until payment is received in full.
Taxes
Quoted prices are exclusive of sales, use, excise, and similar taxes. Any such taxes are the responsibility of the buyer. California sales tax applies to in-state customers unless the buyer furnishes a valid resale or exemption certificate prior to invoicing. If Omni R&D is required to pay any such tax, the buyer shall reimburse it.
Delivery, shipping, and risk of loss
All sales are FOB Omni R&D's designated shipping point as stated on the quotation. Where factory acceptance testing is specified, the shipping point is the facility at which that testing is performed. Risk of loss and damage passes to the buyer upon delivery of the goods to the carrier.
Lead time is as stated on the applicable quotation. Delivery dates are estimates based on product availability at the time of quotation and are not guaranteed. Omni R&D is not liable for delays arising from causes beyond its reasonable control, including manufacturing or supplier delays, carrier disruption, customs action, labor disputes, and other force majeure events.
Omni R&D reserves discretion in selecting the shipment method unless the buyer specifies a carrier in writing. Domestic overland freight is quoted as a separate line item. International shipping is available upon request.
Inspection and transit damage
Because risk of loss passes at the carrier, claims for transit damage lie against the carrier. To preserve those claims, the buyer must:
- Inspect all shipments upon arrival, before the driver departs where possible.
- Note any visible damage or shortage on the delivery receipt or bill of lading at the time of delivery.
- Report visible damage, shortage, or non-conformity to Omni R&D in writing within 5 business days of delivery, with photographs of the packaging and the goods.
- Retain all packaging materials until the claim is resolved.
Goods not reported within that period are deemed accepted as conforming. Omni R&D will assist in documenting and filing carrier claims but is not responsible for loss or damage occurring after the goods leave its facility.
Facility power, site readiness, and installation
Unless the quotation states otherwise, equipment for U.S. destinations is supplied for 208–240V, 3-phase, 60Hz service. Equipment for international destinations is supplied to the voltage and frequency confirmed in writing before the order is finalized.
The buyer is responsible for site preparation, including electrical service, disconnects, ventilation, exhaust, cooling water, compressed air, process gas supply, floor loading, and rigging or placement of the equipment. Any transformers, phase converters, or other conditioning equipment required to match the buyer's facility to the supplied configuration are the buyer's responsibility and expense.
Installation, commissioning, and training are not included unless expressly itemized on the quotation. Equipment supplied to a confirmed specification is not returnable on the grounds of facility incompatibility.
Returns and exchanges
Contact Omni R&D within 15 days of delivery to request a return authorization. Returns are accepted only for unopened, unused items in original packaging, and only with an authorization number issued in advance. Unauthorized returns will be refused.
A restocking fee of up to 25% may apply. Return freight is the buyer's responsibility. Omni R&D reserves the right to inspect returned goods and to deny a refund for items that have been used, installed, energized, modified, or damaged. Exchanges are subject to availability.
Custom, configured, and built-to-order products are not returnable. Consumables and spare parts are not returnable once opened.
Warranty
Omni R&D warrants that products will substantially conform to its published specifications for one year from the date of delivery. Warranty claims must be made in writing within that period.
This warranty does not apply where the product has been misused, modified, improperly installed, operated outside its rated parameters or applicable industry standards, connected to a power supply other than the one specified, or damaged by accident, neglect, or contamination. Consumable components — including heating elements, process tubes, crucibles, thermocouples, seals, and gaskets — are excluded.
Limitation of liability
The buyer's sole and exclusive remedy, and Omni R&D's entire liability, for any product found not to conform to this warranty is repair, replacement, or refund of the purchase price, at Omni R&D's discretion.
Omni R&D's total aggregate liability arising out of or relating to any product or order — whether in contract, tort, strict liability, or otherwise — shall not exceed the amount actually paid by the buyer for the product giving rise to the claim.
In no event is Omni R&D liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, loss of use, damage to samples or work product, facility downtime, or the cost of substitute equipment, even if advised of the possibility of such damages.
Safe use and buyer qualification
Omni R&D products are laboratory and industrial equipment intended for use by trained personnel. High-temperature furnaces, vacuum and atmosphere systems, and related equipment present thermal, electrical, pressure, and process gas hazards. The buyer is responsible for determining the suitability of a product for its intended application, for operating it in accordance with the supplied documentation, and for providing appropriate training, supervision, ventilation, and personal protective equipment.
Export compliance
Products sold by Omni R&D may be subject to U.S. export control laws, including the Export Administration Regulations. The buyer is responsible for obtaining any export license or other authorization required for export or re-export, for screening all parties to the transaction against U.S. restricted party lists, and for compliance with all applicable export laws. See the Export Compliance page for details and current agency resources.
Governing law
These terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. Venue for any dispute lies exclusively in the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction there.
The United Nations Convention on Contracts for the International Sale of Goods does not apply. If any provision of these terms is held unenforceable, the remaining provisions remain in full force.
626-536-8052 · richard@omnirnd.com