Effective Date / Last Updated: October 7, 2020
Fortem Invenio, Inc. DBA ChemDirect ("ChemDirect") offers Sellers in applicable locations access to ChemDirect’s preferred shipping service provider for shipment/delivery options at a promotional rate. Where the preferred shipping service provider is made available by ChemDirect, all shipments for orders made on the Site will be made by such preferred shipping service provider. Shipment through a different third-party shipping service provider must be first approved by ChemDirect. All related payments, refunds, offsets, and related matters are further subject to the Schedule of Fees Addendum.
Regardless of the shipping service provider used and without limiting the Seller’s responsibility as described in the Agreement:
1. ChemDirect is not responsible for ensuring the timely shipment and shipping service provider’s delivery of any Seller’s sold products to Buyers through the Site. It is each Seller’s responsibility to ensure timely delivery and resolve any claims or issues in connection with shipped goods directly with the shipping service provider, including but not limited to, maintenance, order picking, packaging or other preparation of the product for timely carrier shipping, and warehousing/fulfillment. You are fully responsible for the contents of any products shipped and delivered. In addition to ChemDirect’s policies, including the Agreement, you agree to comply with the terms and conditions and any other policies or rules of the shipping service provider. ChemDirect is not responsible for any issues you may encounter while products you ship are in transit except that, in the event ChemDirect’s preferred shipping service provider is used through ChemDirect, ChemDirect will credit Seller for loss or damage caused to Seller’s product by the preferred shipping service provider, provided however that, (a) such credit shall not exceed the actual documented cost of the damaged or lost property, and (b) Seller timely files and submits all claims and related information directly as required by the preferred shipping service provider. That means that if a product is lost, damaged, or arrives later than expected, any rights or recourse you may have will be against the shipping service provider, and not against ChemDirect. You are responsible for reviewing the applicable shipping service provider’s terms and conditions.
2. Sellers must ensure that all products are delivered to the Buyer within the standard delivery timeframes established by ChemDirect for all products listed on the Site. ChemDirect determines the shipping costs and charges to be displayed in the listings for all products offered to Buyers on the Site. Where ChemDirect’s preferred shipping service provider is used, the shipping charges assessed will be directly remitted by ChemDirect to such shipping service provider on behalf of Seller. Where ChemDirect has approved a request to use a different shipping service provider, Seller and ChemDirect will agree in writing to the shipping terms and costs allocation thereof.
3. You must provide an accurate "ships from" address(es) for all shipping location(s) you use for products sold on the Site. You must also ensure that your products (when packaged and shipped) also comply with all local and international shipping and customs regulations. You authorize ChemDirect to collect and share tracking information and data received from the shipping service provider with the Buyer.
4. You will ensure that all shipping documentation for any products sold on the Site expressly indicate you, the Seller, as “the shipper” of record and as the otherwise responsible party. You must comply with (and ensure that your shipped products are in compliance with) all requirements of theCHEMDIRECT SHIPPING ADDENDUM (Updated: August 3, 2019) shipping service provider, the listing and description of such product(s) on the Site, any information you provided to ChemDirect, as well as applicable laws and regulations at all times during the shipping process, including but not limited to, Seller specifying Seller’s accurate and complete telephone number as the emergency response information as required under 49 CFR Section 172.604.
5. In any event, you are ultimately responsible for making sure that your Buyers receive their orders on time. For example, ChemDirect may, at its sole discretion, facilitate communications and notifications to the Buyer and/or Seller regarding the status of deliveries and shipments, but this will in no way create an obligation on the part of ChemDirect with respect to any delivery or shipment. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ALL TRANSPORTATION, SHIPPING, OR DELIVERY OF GOODS OR LOGISTICS ARE PROVIDED BY A THIRD PARTY PROVIDER AND THAT, AS SUCH, CHEMDIRECT HAS NO RESPONSIBILITY OR LIABILITY RELATED TO ANY TRANSPORTATION, SHIPPING, OR DELIVERY OF GOODS OR LOGISTICS, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS BY A USER OR ANY OTHER THIRD PARTY IN CONNECTION WITH ANY SUCH TRANSPORTATION, SHIPPING, OR DELIVERY OF GOODS OR LOGISTICS.
6. In the unlikely event a product does not arrive at the Buyer’s specified address, you must promptly provide valid proof of shipping. Valid proof of shipping must show that the product actually was shipped and that it was sent to the address provided by the Buyer. It is also your responsibility to timely submit and file all claims (whether written or oral) with the shipping service provider with respect to any damages, lost shipments, or other issues covered by the shipping service provider’s claim policy. If a Buyer does not receive an order, Buyer may file a case against you. Any issues or disputes with regard to shipping of products ordered on the Site are also governed by the Agreement.