These standard Terms and Conditions of Advanced Biomart (“Terms and Conditions”) shall govern the sale and license to the original purchaser (“Buyer”) of products and related services (“Products”) from Advanced Biomart, one of its subsidiaries or authorized sellers named on the invoice or acknowledgment. Any departure from these General Terms and Conditions must be agreed upon by us explicitly in writing and shall apply only to the relevant contract. These Terms and Conditions apply to the exclusion of any other terms which the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless otherwise agreed with Advanced Biomart in writing. Advanced Biomart may amend these Terms and Conditions from time to time by posting a new version on its website. The Terms and Conditions that will apply to Customer’s Order will be those in place at the time that the Order was submitted to Advanced Biomart. Advanced Biomart reserves the right to develop and change the Terms and Conditions. Nothing in these Terms and Conditions is intended to provide any rights to third parties to enforce any term.
For International Deliveries: Prices exclude all insurance and duties, unless stated otherwise on the quotation or invoice. Prices do not include freight and packing, VAT (or other applicable sales tax) or import duties where these are applicable. Price and other information provided is subject to change without notice, and prices may be changed up to the time of dispatch. If prices change between the time of receipt of an Order and dispatch, Advanced Biomart will contact Customer in advance.
Products will be packed in Advanced Biomart’s standard shipping packages. Shipments are made in accordance with Advanced Biomart’s standard commercial practices via a carrier selected by Advanced Biomart, unless otherwise agreed in writing between the parties. Delivery dates set forth on a purchase order accepted by Advanced Biomart are subject to change and are predicated on conditions existing at that time. Delivery times are approximate but Advanced Biomart will use commercially reasonable efforts to complete delivery as set out on the Order acceptance confirmation. Risk in Product passes on delivery. Title to Product does not pass until the Product has been paid for in cleared funds. Packaging and Product should be inspected immediately upon receipt. Notification of damage, shortages or defects should be communicated to Advanced Biomart immediately by e-mail or fax.
Buyer will be invoiced at the time of shipment of each Product. Invoices should be paid no later than 30 days after the invoice date, and Customers must themselves pay any bank charges that are incurred in making the payment. Past due accounts may be charged up to 1.5% interest per month, or the maximum allowed by law, whichever is less. Further shipment of Products may be declined without advance notice if Buyer fails to make any payment when due, or if the financial condition of Buyer becomes unsatisfactory to Advanced Biomart. Advanced Biomart may elect to retain a security interest in all Products sold to Buyer to secure all of Buyer’s obligations to Advanced Biomart under these Terms and Conditions, and Buyer will execute any documents necessary to create and perfect this interest. Advanced Biomart accepts credit card, cheque, bank and wire transfer as methods of payment, for further details please email firstname.lastname@example.org
For Products purchased directly from Advanced Biomart and its authorised distributors if the Product does not perform as described on the datasheet associated with the Product, Customer must notify Advanced Biomart. Any claims for damaged, missing or defective Product must be reported in writing to Advanced Biomart by Buyer within three (3) business days from the date of receipt of Product. For any valid claim made, Advanced Biomart shall replace the Product. Products may not be returned for credit except with Advanced Biomart's permission, and then only in strict compliance with Advanced Biomart's return shipment instructions. Certain items may not be returned for credit. These items include: custom products or special orders; products missing spans, parts, or instruction manuals. All items must be returned in the same conditions as sent, in the original packages and have all original spans. A 15% restocking fee applies to all returns. Shipping and handling charges are not refunded. Buyer is responsible for return shipping charges.
All products are "For Research Use Only. Not for Diagnostic or Therapeutic Use". The burden for safe use and handling of Products is entirely the responsibility of Buyer and anyone who purchases goods from Buyer and uses them. Absence of hazardous warnings does not imply non-toxicity. All intellectual property rights relating to Products are solely and exclusively owned by Advanced Biomart.
EXCEPT TO THE EXTENT CAUSED BY ADVANCED BIOMART’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR REQUIRED BY APPLICABLE LAW, ADVANCED BIOMART SHALL HAVE NO LIABILITY FOR ANY LOSS OF USE OR PROFITS, PROCUREMENT OF SUBSTITUTE GOODS OR ANY INDIRECT,CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND REGARDLESS OF FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVANCED BIOMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AS TO ANY ADVANCED BIOMART LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, ADVANCED BIOMART’S LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY BUYER TO ADVANCED BIOMART IN THE PRIOR TWELVE (12) MONTHS. BUYER UNDERSTANDS THAT THE RISKS OF LOSS HEREUNDER ARE REFLECTED IN THE PRICE OF THE PRODUCTS AND THAT THESE TERMS WOULD HAVE BEEN DIFFERENT IF THERE HAD BEEN A DIFFERENT ALLOCATION OF RISK.
Advanced Biomart shall not be liable for delay or failure in performance of any obligations hereunder if performance is rendered impracticable by the occurrence of any condition beyond the reasonable control of Advanced Biomart. In the event of any such delay or failure in performance, Advanced Biomart shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.
These Terms and Conditions will be governed by the US law. The competent courts in US, will have exclusive jurisdiction on any dispute regarding the interpretation of these Terms and Conditions or other claims regarding the order.