GM
BIOSCIENCES Incorporation (hereinafter "GM BIOSCIENCES") agrees to sell its products under the Terms and Conditions below.
Prices quoted are for orders sent as a single shipment. Payment Terms are net 30 days. Thereafter, a carrying charge of 1.5% per month will be added to the unpaid balance.
By purchasing GM BIOSCIENCES's products, the organization that orders or buys products from GM BIOSCIENCES (hereinafter"PURCHASER") agrees to the Terms and Conditions herein. These Terms and Conditions cannot be superseded without express written agreement by an officer of GM BIOSCIENCES. GM BIOSCIENCES's failure to object to provisions contained in any purchase order or other form or document from PURCHASER shall not be construed as a waiver of these Terms and Conditions nor an acceptance of any such provision. PURCHASER agrees to hold harmless and indemnify GM BIOSCIENCES and its employees from and against any and all claims, losses, damages or other liability, including reasonable attorneys' fees, resulting from a use of the purchased products that is not in accordance with these Terms and Conditions.
Product Use
GM BIOSCIENCES's products are for research or laboratory use only and are not to be administered to humans or animals or used for pharmaceutical, in vitro diagnostic, or commercial purposes without written permission. Inquiries related to additional uses of GM BIOSCIENCES's products are welcomed.
GM BIOSCIENCES shall not be responsible for injury or damages resulting from the use or misuse of any of its products.
Disclaimer
GM BIOSCIENCES shall not be responsible for injury or damages resulting from the use or misuse of any of its products.
Warranty
GM BIOSCIENCES warrants that its products will conform to the standards stated in its product specification sheets in effect at the time of shipment. GM BIOSCIENCES will replace, free of charge, any product that does not conform to the specifications. This warranty limits GM BIOSCIENCES's liability only to the replacement of the product. THIS WARRANTY IS EXCLUSIVE, AND GM BIOSCIENCES MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The stated express warranties, and the remedy provided for breach thereof, are in lieu of all other liability or obligations of GM BIOSCIENCES for any damages whatsoever arising out of or in connection with the delivery, use, performance, or the inability to use any of its products. IN NO EVENT SHALL GM BIOSCIENCES BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS). Without limiting the effect of the preceding sentence, GM BIOSCIENCES's maximum liability, if any, shall not exceed the purchase price paid by PURCHASER for the product.
Patent Disclaimer
Unless explicitly stated, no license or immunity under any patent is either granted or implied by the sale of any of GM BIOSCIENCES's products. GM BIOSCIENCES does not warrant that the resale or use of its products delivered will not infringe the claims of any United States or other patents, trademarks, or copyright covering the product itself, or its use in combination with other products, or in the operation of any process, and PURCHASER assumes all risks of patent, trademark, or copyright infringement by reason of any such use, combination, or operation.
Resale
GM BIOSCIENCES's products are not for resale except by authorized distributors or with express written permission of GM BIOSCIENCES. GM BIOSCIENCES does not have any distributors in the United States. An order via any distributors in the United States will not be processed.
Product Changes
GM BIOSCIENCES reserves the right to discontinue the sale of any product or to make changes in any product at any time without notice.
Trademarks
The following are registered trademarks of GM BIOSCIENCES:
OneMinute,
TagMaster.
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