Terms and Conditions
LABEL LICENSE ON PRODUCTS
By purchasing a product from MO BIO Laboratories, Inc. (“MO BIO”), you (the “Purchaser”) agree to the following terms and conditions:
PRICES AND TERMS
The Purchaser shall pay 100% of the total price listed on the invoice within thirty (30) days from the invoice date. All payments shall be made in U.S.dollars. If a payment is not received within thirty (30) days after the invoice date, the Purchaser shall pay late charges on such past due amounts at the rate of 1.5% per month or the maximum rate allowed by law, whichever is lower, accruing as of the invoice date.
Prices are quoted in U.S.dollars and are valid for thirty (30) days after the quote date. Catalog prices are subject to change without notice. All orders are subject to final acceptance by MO BIO.
SHIPPING AND DELIVERY
Orders are generally shipped on the same day when received before 11:00 a.m. PST. Shipping/handling and insurance charges are prepaid by MO BIO and added to the invoice. All orders are shipped via 2 day service, unless otherwise specified. Next day shipping is available for an added cost. Shipment and delivery dates are estimated as accurately as possible at the time orders are placed. Shipment dates may be different than scheduled shipment dates and MO BIO shall not be liable for any liability of or injury to the Purchaser resulting from such difference. Without liability to any person and without prejudice to any other remedy, MO BIO may withhold or delay shipment of any order if the Purchaser is late in paying any amounts owing to MO BIO. All shipments are DDU (Incoterms 2000) Purchaser’s designated place of delivery.
The Purchaser is responsible for all export and import authorizations. The Purchaser agrees to comply strictly and fully with all export controls and regulations imposed on the MO BIO products by the U.S. and any country or organization or nations within whose jurisdiction the Purchaser operates or does business.
PRODUCT WARRANTY AND SATISFACTION GUARANTEE
Requests for return authorization must be made within 20 days after receipt of the product or if the product was damaged during shipping, within 3 days after receipt of the product. Products ordered in error may be returned within 10 days after receipt of the product. Shipping costs will not be credited and return shipping costs will be paid by the customer. A 20% restocking fee will be applied. MO BIO guarantees the performance of all products in the manner described in our product literature. The Purchaser must determine the suitability of the product for its particular use. Should any product fail to perform satisfactorily due to any reason other than misuse or improper storage, MO BIO will replace it free of charge or refund the full purchase price of the product. Please contact our Customer Service Department at 1-800-606-6246 (US) or 1-760-929-9911 (outside US) and provide us with the purchase order number, our reference or invoice number, catalog number and description of product, and reason for return.
THE GUARANTEE STATED ABOVE IS IN LIEU OF ANY OTHER WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE. MO BIO MAKES NO OTHER WARRANTY OR GUARANTEE, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCE SHALL MO BIO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY RELATING TO THE USE OF THE PRODUCT, EVEN IF MO BIO KNEW OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE. IN NO EVENT SHALL MO BIO BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS. MO BIO’S MAXIMUM LIABILITY FOR ANY REASON SHALL NOT EXCEED THE TOTAL PAYMENTS TO MO BIO HEREUNDER FOR THE RELEVANT PRODUCTS. PURCHASER HAS ACCEPTED THIS WARRANTY DISCLAIMER AS PART OF A BARGAIN WITH RESPECT TO THE PRICING OF THE PRODUCTS AND UNDERSTANDS THAT THE PRICING WOULD BE HIGHER IF MO BIO WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF THAT STATED HEREIN. MO BIO neither assumes nor authorizes any person, firm or entity to assume for it any other additional liability or responsibility in connection with the MO BIO products.
The Purchaser shall use all MO BIO products and their components solely for the Purchaser’s research use, and shall not administer or apply MO BIO products or their components to humans or animals. The Purchaser shall not use MO BIO products or their components for any other purpose without the prior written permission from MO BIO. The Purchaser shall not transfer, sell or otherwise redistribute MO BIO products or their components to any third party, other than (a) to bona fide consultants, contractors or research collaborators, or (b) with the prior express written consent of MO BIO. Without limiting the generality of the foregoing, the Purchaser shall not (a) use the MO BIO products or their components in manufacturing; or (b) use the MO BIO products or their components for any diagnostic, prophylactic, therapeutic or pharmaceutical purposes. If the Purchaser desires to use a MO BIO product or its components for any purpose other than for the Purchaser’s research use, the Purchaser must first obtain an express written license from MO BIO. For information on obtaining such license, please contact firstname.lastname@example.org.
The Purchaser accepts all MO BIO products subject to the terms and conditions herein. Any representations, understandings, agreements and course of dealings that are in any way inconsistent with the terms and conditions set forth herein shall be of no force and effect.
MO BIO reserves the right to change, alter, or modify any product. If you have questions about product specifications or performance, call our Technical Services Department at 800-606-6246 (US) or 1-760-929-9911 (outside US).
MO BIO TRADEMARKS
PowerSoil®, PowerLyzer®, PowerMax®, PowerMag®, UltraClean®, PowerFood®, BiOstic®, PowerMicrobial®, PowerBiofilm®, PowerWater®, RapidWater®, PowerFecal®, PowerPlant®, BloodSpin®, PowerClean®, NoviPure®, ClearMag®, SwiftMag®, Dye®, Dots®, GelSpin®, TB®, DRY®, PowerVac®, PowerViral™, LifeGuard™, PowerMicrobiome™, RTS DNase™ are trademarks of MO BIO.
OTHER COMPANY’S TRADEMARKS
Precellys® is a registered trademark of Bertin Group.
SYBR® is a registered trademark of Molecular Probes, Inc.
TRIZOL® is a registered trademark of Invitrogen.
Vortex-Genie® is a registered trademark of Scientific Industries, Inc.