General Terms and Conditions of Sale

All orders are accepted and shipped strictly subject to these General Terms and Conditions unless otherwise specifically waived or subordinated in writing by an authorized representative of ISOFLEX Radioactive LLC (ISO-RAD). 

Pricing, Shipping, Taxes and Duties:

Prices are subject to change without notice, and any quoted prices shall remain valid for 30 days from date of quotation. All prices are in US Dollars (USD) unless a different currency is clearly stipulated in the quotation. Quoted prices include the cost of the item on an FOB (Free On Board) basis, unless otherwise noted in writing. Quoted prices do not include shipping charges; applicable federal, state or local taxes; nor import duties or related import charges of any kind. Such charges, whether collected and paid by ISO-RAD, or paid directly by the Customer, are in addition to quoted prices and remain the responsibility of the Customer. 

Shipment Method and Terms:

All orders are shipped via air courier, unless otherwise specified. Customer is required to provide specific instructions relating to the person or department responsible for receiving the shipment. All quoted scheduled shipment dates are approximate and subject to delays caused by fire, strike, or other labor disturbances, acts of God, shortages of material, failure of supplier to satisfactorily meet scheduled deliveries, or any other factor or event beyond ISO-RAD’s reasonable control, none of which factors or events shall give rise to any liability on the part of ISO-RAD. In no event shall ISO-RAD be liable for consequential or other damages for any delay in delivery.

Payment and Impairment of Credit:

Net payment in United States dollars (USD), unless otherwise specified in writing, is due thirty (30) days from date of goods delivery as indicated by the air courier. Interest at the rate of 10% per annum shall be charged from the 31st day following delivery on any outstanding balances, to date of receipt of good funds in ISO-RAD’s bank account. All bank transfer fees, including intermediary bank charges, are the responsibility of Customer. Additionally, Customer shall be liable for any costs of collection incurred by ISO-RAD, including reasonable attorneys' fees. ISO-RAD reserves the right to demand cash in advance on any sales. Customer acknowledges that ISO-RAD shall retain a valid and enforceable lien interest on all goods delivered until payment in good funds has been received.

Order Cancellations, Returns, and Refunds:

All sales by ISO-RAD are final - non-cancellable, non-returnable, and non-refundable - for US and international customers. Customer acknowledges that goods are custom-made or allocated per order and that radioactive materials continuously decay, irreversibly reducing value and precluding resale. This policy applies regardless of payment terms (including Net-30). ISO-RAD may begin procurement/production upon order acceptance. Customer’s obligation to pay the full contract price is absolute and not subject to setoff or contingencies (e.g., loss of funding, permitting/licensing delays, or project changes). If shipment is delayed, deferred or refused due to Customer action/inaction (e.g., missing licenses/permits or receiving instructions, or non-payment), ISO-RAD may, at its option: (i) invoice the full price as immediately due and deem the goods delivered under “Payment and Impairment of Credit”; (ii) store the goods at Customer’s sole risk and expense (including storage, handling, security and insurance); and/or (iii) charge for decay-related loss and any re-manufacture/re-certification/re-testing/re-packaging needed to meet the original specifications at a later shipment date. Returns are prohibited except with ISO-RAD’s prior written authorization solely for warranty evaluation under “Warranty Matters”; unauthorized returns will be refused or disposed of at Customer’s expense. Any cancellation or change accepted by ISO-RAD in writing will incur a charge of 100% of the price for goods already manufactured, customized, allocated, or certified (“committed goods”); for any other goods, ISO-RAD’s incurred costs plus a significant restocking fee.

Sealed Source Certificate:

All sealed-source goods shipped are accompanied by an ISO-RAD Sealed Source Certificate. The analysis is specific to the actual lot of sealed sources shipped and is not a general specification, unless so stated.

Hazards:

When a material shipped by ISO-RAD has been classified as hazardous, it must be handled only by qualified and trained personnel. When ordering and purchasing such hazardous materials from ISO-RAD, Customer represents and warrants that: (a) it is fully aware about the health and safety hazards associated with the handling of such ordered materials; (b) it has in place the necessary industrial hygiene controls to protect its employees from such health and safety hazards; and (c) it understands and acknowledges applicable government regulations and the need to adequately warn its employees of the health and safety hazards associated with such materials.

Warranty Matters:

ISO-RAD warrants to Customer, for a period of thirty (30) days after the materials are received by Customer (“the Warranty Period”), that its products meet the specifications described in the Sealed Source Certificate(s) accompanying shipment of the goods purchased. ISO-RAD does not guarantee any end-use results for any of its products. All claims for errors, defects, or damaged materials against ISO-RAD must be made by Customer in writing during the Warranty Period. Any claims not satisfying this condition shall be deemed waived. The obligations of ISO-RAD under its Warranty shall be limited to replacing defective defective materials, or allowing credit, at ISO-RAD’s option, provided the Customer gives ISO-RAD prompt notice of the defects during the Warranty Period, and, if required by ISO-RAD, returns the goods to ISO-RAD. No claim will be allowed by ISO-RAD for any materials claimed by the Customer to be defective or unsuitable unless ISO-RAD is permitted to examine the product before final use or processing by the Customer. All errors, defects, or damaged materials claimed by Customer must be confirmed by ISO-RAD's inspection. In the event ISO-RAD and Customer are unable to reach an amicable solution to the claim, the goods in question may be examined by a third party acceptable to both ISO-RAD and Customer and whose opinion shall be conclusive for purposes of perfecting or rejecting Customer's claim. Goods returned without permission of ISO-RAD will not be accepted for credit and will be returned freight collect to the Customer. ISO-RAD shall have the right to remedy such defects at such time or times as may be reasonable. Customer's exclusive remedy, for any cause or claim whatsoever, including but not limited to alleged breach of warranty, product liability, negligence, or otherwise, shall be for money damages in an amount not to exceed the purchase price paid by the Customer for the product in respect to which the claim is made. In no event shall ISO-RAD be liable for special, incidental or consequential damages, whether Customer's claim is in contract, for negligence, strict liability or otherwise. In consideration of the sale of the product to Customer, which sale ISO-RAD would not otherwise make, Customer agrees to indemnify and hold ISO-RAD harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of the Customer's purchase, handling and/or use of the product, whether used alone or in combination with any other substance.

Dispute Resolution:

In accepting a quotation and subsequent delivery of product(s) from ISO-RAD, Customer agrees that any unresolved controversy or claim arising out of or relating to such quotation and subsequent delivery, or other alleged breach or failure on the part of ISO-RAD, shall be settled by binding arbitration conducted in New Orleans, Louisiana, unless otherwise agreed in writing between the parties. Arbitration shall be conducted in accordance with, and by a single arbitrator appointed pursuant to, the Rules of the American Arbitration Association in effect at the time. Discovery pursuant to Louisiana Binding Arbitration Law, Revised Statutes, Title - Civil Code - Ancillaries RS9:4201, shall be available to the parties. Judgment upon an award rendered pursuant thereto shall be binding and final and may be entered in any court having jurisdiction. Such arbitration shall be final and binding and shall be enforceable by judgment of the Superior Court or similar court having jurisdiction. Notwithstanding any provision of the rules or statutes mentioned above to the contrary, the failure of any party to appear at or participate in any hearing or other portion of any arbitration proceeding pursuant to this section shall not prevent any such hearing or proceeding from going forward, and the arbitrator is empowered to make a decision and/or render an award ex parte which shall be binding on that party as though that party had participated fully in the hearing or proceeding. Each party involved in any arbitration proceeding pursuant to this section shall pay its own expenses in connection therewith. The cost of conducting the arbitration proceeding shall be borne by the losing party.