Standard Conditions of Sale

All sales are subject to and expressly conditioned upon the terms and conditions contained herein, and upon buyer's assent thereto. No variation of these terms and conditions will be binding upon seller unless agreed to in writing and signed by an officer or other authorized representative of seller.

  1. Technical Documents (valid for nanomaterials & nanopowders)

    Our products page contains the technical descriptions such as the Certificate of Analysis (COA), Materials Safety Data Sheets (MSDS) and/or Safety Data Sheets (SDS), Transmission Electron Microscope (TEM) and/or Scanning Electron Microscope (SEM) images and X-Ray Diffraction (XRD) patterns. The buyer and/or user must double-check these web descriptions before the order is placed. Some variations of the specifications are acceptable, unless the category is restricted (e.g., heavy metal level). Note that some items are hazardous; in such cases, Hazard Class, UN Number, Packing Group as well as any other relevant information is indicated on the product page. Top

  2. Technical Support

    At buyer's request, seller may furnish technical assistance and information with respect to products sold. Unless otherwise agreed in writing, all such technical assistance and information will be provided without any representation or warranty and you, as the user, assumes sole responsibility for results obtained in relying on this information. Seller makes no warranties of any kind or nature with respect to technical assistance or information provided, including without limitation any implied warranty or merchantability or fitness for a particular purpose. Any suggestions by seller regarding use, application, or suitability of the products shall not be construed as an express or implied warranty. Top

  3. Hazards

    All of seller's products shall be handled only by qualified and trained individuals. In purchasing any of our products, you acknowledges that there are hazards associated with their use. Buyer represents and warrants to seller that from buyer's own independent review and study it is fully aware and knowledgeable about (a) the health and safety hazards associated with the handling of the products purchased; (b) industrial hygiene controls necessary to protect its workers from such health and safety hazards; (c) the need to adequately warn of health and safety hazards associated with products; and (d) government regulations regarding the use of and exposure to such products. Top

  4. Payments

    4.1For institutional purchase orders, the payment is due 30 days from the date of shipping invoice, unless otherwise stated. For any overdue payments, the buyer will be obligated to pay a delay fee at 1.5% of the outstanding amount each month.

    4.2On the payment, please reference Vendor's order ID number (i.e. the invoice number) that was assigned to you by GNM.

    4.3For checks, please follow carefully the instructions that are sent to you at the time the order is submitted and mail it to the mailing address listed on your invoice. The mailing address will depend on your location.

    4.4For wire transfers, please refer to information on the invoice that was mailed out to you, or follow the instructions that were sent to you at the time you submitted your order. Banking instructions will depend on your location and/or the currency of your payment.

    4.5The proforma invoice amount that is due must be paid in advance. The balance is due 30 days from the date of shipping invoice, unless otherwise stated.

    4.6For international orders, we are required to put on the outside of the package a customs declaration detailing the product costs. These are copies meant for the customs agents only, but they sometimes mistakenly do not take all copies, which causes confusion for the end-user. Please note that we mail or e-mail separate end-user invoices, complete with shipping costs. That end-user invoice is the only invoice the end-user shall rely on, with complete payment procedures, banking details, and amount to pay; this end-user invoice will match the purchase order we previously received from the end-user, if the order was submitted through purchase order. Please ignore any other documents meant for customs officials only.

    4.7Credit cards are usually not applicable for large orders. Please check with Sales if you still need to make large online payments.

    4.8Irrevocable Letter of Credit (or equivalent) may be required for large orders, unless otherwise stated on the quote. Top

  5. Vendor's Corporation Information

    5.1US orders (you may require this information for the US' W-9 form)

    • Company Name: Oocap Inc.
    • Address: PO Box 16666, Las Cruces NM 88004, USA
    • Federal Taxpayer Identification Number (EIN): 35-2529388
    • Company Type: Corporation

    5.2European Orders (you may require this information for VAT clearance)

    • Company Name: Oocap France SAS
    • Address: 5 Avenue de l'Europe, St-Cannat 13760, France
    • CAPITAL €40,000.00 | REG n°52192249200025 | VAT n°FR84521922492
    • Company Type: Corporation Top
  6. Shipping, Insurance & Handling (S&H)

    6.1All of the listed prices and/or quotations you may receive are FCA Free Carrier 'Shipping Point' Incoterms 2000 (ICC). In addition to these listed product prices, each order is subject to a shipping and handling fee for shipping and insurance, if applicable. This value will vary based on the speed of the shipping services and the countries or regions to which the orders will be shipped. Shipping charges will be added to the invoice when shipment freight terms are prepaid ('Freight Prepaid'). Buyer may request shipment by 'Freight Collect', if desired.

    6.2A hazardous materials handling fee may also be applied, as part of the S&H costs. Hazardous materials may require special packaging for shipment. All hazardous materials are clearly marked on our website by their UN number (their hazardous material transportation identification number).

    6.3Whenever possible, seller will ship products by the method specified on buyer's order. Seller works closely with selected carriers and service is better achieved when using these carriers. Additional expenses and delays in shipment may be experienced when deviating from seller's list of selected carriers. Seller may utilize other carriers based on buyer's requirements; however, seller reserves the right to change the method of shipping for any reason. In such cases, seller will select the most appropriate and cost effective method.

    6.4Seller shall not be liable for any delay in delivery or failure to deliver due to any cause beyond its reasonable control. Top

  7. Taxes and Customs Charges

    7.1Depending on the 'Shipping Point' on the one hand, and the countries or regions to which the items will be shipped on the other, orders may be subject to a sales tax. If applicable, this sales tax will be automatically charged, and indicated on your invoice.

    7.2Any sales taxes, excise taxes, duties, customs fees, inspection/testing fees, or any other taxes, fees or charges of any nature whatsoever, imposed by any governmental authority, on or measured by the transaction collected by the related authority must be paid by buyer. If you have exemption status on any of these taxes, fees or charges, you must provide, at the time the order is submitted, the exemption certificate or other document acceptable to the taxing authority imposing the tax, fee or charge. In the event seller is required to pay any such tax, fee or charge, buyer shall reimburse seller within 30 days from the date of shipping invoice.

    7.3Downloadable Products: The VAT rate for GNM customers who are established in European Union and who purchase Electronic Document Downloads or other GNM products which are classified as services under EU VAT law will be 19.6% FR VAT. This is because the place of supply of these products under EU VAT law is France as the country from where GNM makes these supplies. Note that Non-EU customers are outside the scope of EU VAT, and VAT will not be charged.

    7.4EU customers: If you provided us with a valid VAT Identification Number and if the place of supply of GNM products and/or services you ordered is a EU country, different from yours, these products and/or services are then outside the scope of local shipping or supplying country VAT and VAT is not charged. Note that you may be required to make a reverse charge VAT declaration under Article 196 of EU Council Directive 2006/112/EC. This exemption does not apply to GNM EU customers who are established in the same country as the shipping or supplying EU country.Top

  8. Warranties

    The seller warrants that its products shall conform, in a reasonable manner, to the description of said products, as provided to the buyer by the seller through the seller's website, catalog, analytical data or other literature of the seller. The buyer assumes all risk and liability resulting from use of the products delivered hereunder, whether used singly or in combination with other products, as the risks associated with nanomaterials are not known, and still subject to developing research findings. Due to the unpredictability of product customization, the lead time maybe longer than the one initially quoted. Top

  9. Product Specifications

    The seller reserves the right to change product specifications without prior notice to the buyer. The buyer assumes all risk and liability resulting from any issues arising from these specification changes, and will not hold the buyer liable for damages. Top

  10. Return Shipments

    10.1Shipments ordered can be returned only after a written authorization from vendor has been granted; returns must be within 30 days of the receipt of the shipment. All the returned items are subject to the restocking charge of 30% total product price. The buyer must pay all the shipping charges. This policy is not applicable to any items that have been opened or used.

    10.2Only items authorized by seller for return will be accepted. Final disposition of returned goods will be made only after receipt and inspection of goods. Collect shipments will not be accepted unless previously authorized. Hazardous goods must be shipped in compliance with all applicable regulations. Material returned requiring disposal may incur additional charges. Top

  11. Cancellation

    An order that has been delayed for more than one month may be cancelled. The order can be cancelled only before the order is shipped. Custom orders cannot be cancelled. Top

  12. Patent Infringements

    The seller does not warrant that the use or sale of the products delivered will not infringe the claims of any United States patents or any other patents covering the product itself or the use thereof in combination with other products or in the operation of any process. No information supplied by seller is intended as a recommendation for using any material in the infringement of a patent. Top

  13. Discounts

    Discounted pricing is applicable when the buyer and user accept their obligation to e-mail back, within a maximum of 6 to 12 months, a copy of the test or research results in the form of a publication, report or memo related to the product ordered. For further details, please contact our Sales Department. Top

  14. Disputes

    14.1All obligations under the contract are deemed to be performed at (a) (US orders) the registered office of OOCAP INC, USA or (b) (International orders) the registered office of OOCAP SAS, FRANCE.

    14.2In case of any disputes, both parties should first try to negotiate, and in case the negotiation is failed, all disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by (a) (US orders) the laws of the State of New-Mexico, USA or (b) (International orders) the laws of France (Paris Commercial Court).

    14.3The law of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11.04.1980 applies secondarily. The above rules take precedence over the rules according to the CISG. Top