Transgenomic Standard Sales Terms and Conditions
Terms and
Conditions
All prices for Products quoted are Net Thirty (30) days, EXW Transgenomic dock, prices are payable in US Dollars, GB Pounds Sterling or Euros and are exclusive of freight, packaging for shipment, insurance, VAT, and/or applicable sales taxes (Incoterms 2010). Transgenomic shall, to the extent practicable, follow Customer’s specific shipment requests. If no shipper is specified by Customer, Transgenomic shall determine the best shipment method at its sole discretion. Title and risk of loss shall transfer to Customer when the Products are delivered at the EXW point. While all claims for defective shipping must be made with the shipper, Transgenomic agrees to facilitate the processing of any such claims to the extent it is able to do so. Customer agrees to inspect any shipment of Products and notify Transgenomic of any defects within Thirty (30) days of receipt of Products by Customer.
Warranty Terms
Products are supplied for research use only. Transgenomic warrants the Products are free from defects in material and manufacture and conform to Transgenomic’s specifications at the time of shipment. Subject to verification by Transgenomic, if any Product fails to conform to the specifications or any defect in material or manufacture appears: 1) for Products which are scientific instruments within one (1) year from the date of installation; and 2) for related Consumable Products, modules and parts within 30 days from the date of shipment, Transgenomic’s entire liability and Customer’s exclusive remedy shall be, at Transgenomic’s sole discretion, the repair or replacement of the defective Products.
Limitations to Warranty
Unless a separate
service plan is purchased, all regularly scheduled maintenance and
repairs during the Warranty term shall be the responsibility of
Customer. This warranty does not cover any damage to Products due
to misuse, improper site selection, and maintenance or operation by
Customer or any others which is contrary to recommended instructions
and design parameters for the Products. This warranty does not
cover damage or defects resulting from repair or relocation of the
Products by anyone other than a Transgenomic representative. After
the initial installation of the Products any post installation
realignment, readjustment, recleaning, or recalibration, unless due
to defects in material or workmanship, are the responsibility of
Customer. Certain items which are refurbished or otherwise
reconditioned are also excluded from the terms of this warranty.
This warranty does not cover any damage due to accidents, vandalism,
fire, flood, other environmental factors or any other Force Majeure.
If you have questions regarding warranty coverage, please contact
Transgenomic Customer Service.
The warranty further excludes
items supplied by third party manufacturers, such as computers and related
software. Customer is responsible for any modifications to the computers or
software including, but not limited to: interfacing or networking; unauthorized
hardware modifications; repartitioning or reformatting of the hard drive;
installation or modification of additional or new hardware; and installation or
reinstallation of new or existing computer operating systems or service packs.
THIS WARRANTY IS MADE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED
WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE
OF TRADE; OR ANY IMPLIED WARRANTY AGAINST PATENT INFRINGEMENT.
UNDER NO CIRCUMSTANCES SHALL TRANSGENOMIC BE
LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
LOSS OF PROFITS, REVENUE OR BUSINESS) RESULTING FROM OR IN ANY WAY RELATED TO
THE PRODUCTS.
These limitations apply regardless of whether such damages are sought
based on breach of contract, negligence, strict liability in tort, or any other
legal theory. The liability of Transgenomic relating to any order by Customer
shall in no event exceed the total amount of the payments received by
Transgenomic relating to such order. Without regard to any applicable statute of
limitations, Customer agrees that any legal action related to any order must be
commenced within ninety (90) days of the purchase date.
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By placing their order, Customers represent and warrant that they and their
employees and agents shall comply with all applicable laws, ordinances,
regulations and codes in handling, storage and use of Products and shall
indemnify and hold harmless Transgenomic from any claims, rights or causes of
action related thereto, or to Customer’s failure act in accord with these terms
and warranties.
To the best of its information and belief, Transgenomic has the necessary
intellectual property rights to make the Products. Please contact the
Transgenomic Law Department at 12325 Emmet Street, Omaha, NE 68164 with any
specific questions.
While information and data presented are accurate and reliable to the best of
Transgenomic’s information and belief, Transgenomic does not guarantee the
accuracy of any information and data, nor do we represent that reliance upon
such information and data will ensure compliance with any applicable laws and
regulations.
Transgenomic reserves the right to alter these terms and conditions at any time
and without notice to Customer. Any variance of these terms is not valid unless
it is in writing and signed by an officer or other authorized representative of
Transgenomic. If you have questions regarding your warranty coverage, please
contact Transgenomic Customer Service.
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