Terms and Conditions

1. Definitions & Interpretation

1.In these Terms & Conditions:

  • “Supplier,” “we,” “us,” “our” refers to M-Kube Enterprise LLC, operating in the United States.
  • “Customer,” “you,” “your” means the person, company, or institution purchasing goods or services from us.
  • “Goods” refers to any scientific instruments, laboratory equipment, components, or related products supplied by us.
  • “Services” includes installation, calibration, maintenance, or technical support provided by us.
  • “Contract” or “Invoice” or “Purchase Order” means the agreement formed between M-Kube Enterprise LLC and the Customer once an order is accepted or fulfilled.
  • “Delivery Date” means the date goods are shipped from our facility unless otherwise agreed in writing.

2. Headings are for convenience only and do not affect interpretation.
3. If any provision of these Terms is held invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

2. Application of Terms

  1. These Terms & Conditions govern all quotations, orders, and sales made by M-Kube Enterprise LLC unless otherwise agreed in writing.
  2. Any conflicting terms proposed by the Customer are rejected unless expressly accepted by M-Kube in writing.
  3. A binding Contract is formed when M-Kube Enterprise LLC issues a written order confirmation or ships the goods.
  4. All quotations are valid for 10 days unless stated otherwise and may be subject to change due to material or freight fluctuations.

3. Price, Payment & Taxes

  1. All prices are quoted in U.S. Dollars (USD) and exclude applicable sales tax, shipping, and handling charges unless otherwise stated.
  2. Payment terms are specified in our quotation or invoice. Unless otherwise agreed, payment terms are on 100% advance basis.
  3. If credit terms are agreed upon, Late payments may incur a 2.5% monthly finance charge (30% annual rate) or the maximum rate permitted by law.
  4. M-Kube reserves the right to suspend further deliveries or cancel orders if payment is overdue.
  5. The Customer is responsible for all applicable taxes, duties, and import/export fees associated with the sale.

4. Delivery, Risk & Title

  1. Delivery times are approximate and subject to change based on availability and shipping conditions.
  2. M-Kube Enterprise LLC is not responsible for delays beyond its control, including carrier delays or force majeure events
  3. Risk of loss passes to the Customer upon shipment (FOB shipping point) unless otherwise agreed in writing.
  4. Title to the goods remains with M-Kube Enterprise LLC until payment in full is received.
  5. The Customer must inspect shipments upon receipt and report shortages or damages within 3 working days.

5. Returns, Refunds & Cancellations

  1. Returns are accepted only with prior written authorization from M-Kube Enterprise LLC.
  2. Goods must be returned unused, in their original packaging, and in saleable condition.
  3. Approved returns are subject to a restocking fee of up to 20% of the product value
  4. Custom, made-to-order, or calibrated items are non-returnable.
  5. Cancellations of confirmed orders may incur charges based on the stage of production or procurement.
  6. In the event of an error by M-Kube Enterprise LLC (e.g., incorrect item shipped), written notice must be provided within 3 days of receipt, and corrective action will be determined solely by M-Kube.

6. Warranty & Limitation of Liability

  1. Unless otherwise stated in writing, M-Kube Enterprise LLC does not offer any express warranty on goods sold.
  2. However, goods are supplied in accordance with applicable U.S. consumer and commercial laws, including UCC implied warranties where required.
  3. To the extent permitted by law, our liability for defective goods is limited, at our option, to:
    Replacement or repair of defective goods, or
    Refund of the purchase price.
  4. M-Kube Enterprise LLC is not liable for any consequential, incidental, or indirect damages, including loss of profits, revenue, or data, arising from use or inability to use the goods.
  5. Technical advice or assistance provided by us is for guidance only and does not constitute a warranty or guarantee of performance.

7. Intellectual Property

  1. All intellectual property rights, including product designs, technical documents, and brand materials, remain the exclusive property of M-Kube Enterprise LLC or its licensors.
  2. The Customer shall not reproduce, distribute, or modify any materials provided by        M-Kube without prior written consent.
  3. If the Customer provides specifications or designs, they warrant that such materials do not infringe any third-party rights.

8. Force Majeure

M-Kube Enterprise LLC shall not be held liable for any delay or failure to perform caused by events beyond its reasonable control, including natural disasters, government actions, supply chain interruptions, labor disputes, or transportation failures. Delivery timelines shall be extended accordingly.

9. Termination

  1. M-Kube Enterprise LLC reserves the right to suspend or terminate any order if the Customer breaches these Terms, fails to make timely payment, or becomes insolvent.
  2. Upon termination, all outstanding balances become immediately due.
  3. The Customer is responsible for all costs incurred up to the date of termination.

10. Compliance & Safety

  1. The Customer must ensure that goods are used, handled, and maintained in accordance with applicable U.S. federal, state, and local safety standards.
  2. Safety Data Sheets (SDS) and product documentation must be followed carefully.
  3. M-Kube is not responsible for injury, damage, or loss resulting from misuse, mishandling, or unauthorized modification of products.

11. Confidentiality

Both parties agree to treat all proprietary, business, or technical information shared during business dealings as confidential and not disclose it to any third party without written consent, except as required by law.

12. Governing Law & Jurisdiction

  1. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict-of-law principles.
  2. Any dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.
  3. Both parties agree to attempt in good faith to resolve disputes through negotiation or mediation prior to litigation.

13. Entire Agreement

These Terms & Conditions constitute the entire agreement between M-Kube Enterprise LLC and the Customer and supersede all prior communications or agreements.
No amendment or modification is valid unless made in writing and signed by both parties.