Terms and Conditions of Sale|
In these Terms and Conditions of Sale the ‘Customer’ shall mean the person, institution or company placing the Purchase Order for Goods with the Company. The ‘Company’ shall mean Designer BioScience Ltd. The ‘Goods’ shall mean the material/s which is/are the subject of the Purchase Order. The ‘Purchase Order’ shall mean a request to purchase the Goods, which is written, emailed, faxed or communicated through the Company website to the Company by the Customer.
The Company will provide quotations for the Goods in sterling, unless otherwise requested. Each item on the quotation may form the basis of a separate Purchase Order.
|3 Purchase Order Acceptance|
Once a Purchase Order from the Customer has been received and accepted by the Company the Customer accepts these Terms and Conditions of Sale and the Purchase Order may not be altered or cancelled unless agreed by both the Customer and the Company. Agreement by the Company to cancel a Purchase Order will be withheld if the process of production of the Goods has commenced. Each item of the Purchase Order may be construed as a separate Purchase Order.
|4 Use of Goods
The Company supplies the Goods solely for laboratory research use by the Customer, and if the Goods are applied for any other purpose it is entirely at the risk of the Customer and the Company will not be liable for any misuse.
The price payable by the Customer for each item of Goods shall be the quoted price for each item of Goods given in the quotation, together with the delivery charge and any tax liability. Special shipping requirements may be at an additional cost.
|6 Payment Terms|
Payment terms are strictly 30 days from the date of the invoice which shall be dispatched with the Goods to the Customer, and ownership of the Goods shall remain with the Company until full payment for the Goods has been received by the Company. (For a first-time Customer full or partial payment may be required with the Purchase Order unless agreed otherwise by the Company.) If any sum is delayed beyond 30 days the Company shall reserve the right to add interest to the outstanding account at the rate of 2% compounded per month until the account is cleared.
Approximate delivery times may be given for guidance only and are not guaranteed. The Company will inform the Customer of likely delays if appropriate. The Company does not guarantee that it will be successful in synthesising custom products. Therefore, the Company will not be held to account for failure to synthesise the Goods or part of the Goods or late delivery provided that reasonable efforts have been made. The Company reserves the right to fulfil part of the Purchase Order and to invoice the Customer for that part of the Purchase Order delivered. The Company obligation to deliver the Goods ordered shall be suspended so long as the Customer is in arrears with respect to payment obligations..
The Goods are supplied at or in excess of the quantity and purity specified in the Purchase Order, and evidence of quality and purity will be certificated. The quantity shall refer to the gross weight of Goods, and the net content of a peptide is not evidenced. The Company offers Customers the service of dividing the amount of the Goods ordered into aliquots of approximately equal amounts, but no guarantee is offered or implied that the aliquots will be equal in quantity. The ownership and copyright of the Certificate of Analysis, the HPLC data and the Mass Spectrometry data remain vested in the Company and the data are offered to the customer as proof of the purity of the Goods and the accuracy of manufacture using the specified chemical component parts. These certifications may only be used in publications, printed or electronic, with the written agreement of the Company. The shelf life of custom and catalogue peptides will not be estimated nor guaranteed, and the peptides will not be tested for stability nor for toxicity.
|9 Non-compliance with specification|
Any Goods that fail to comply with the specification in the Purchase Order must be reported within 14 days of delivery in writing, giving the name of the Goods, the Invoice number and the complaint. After 14 days immediately following delivery of the Goods the Company will presume that the Customer is satisfied with the Goods as delivered. The Company shall not be liable if the Goods fail to comply with the specification of the Goods in the Purchase Order due to degradation of the Goods by natural causes or due to improper handling or inappropriate storage. Prior authorisation by the Company shall be required in writing before any item/s of the Goods is/are returned by the Customer.
|10 Limitations of Liability|
The Company shall not be liable to the Customer or any third party for any damages however arising from the acceptance of the Purchase Order or any use of the Goods. The aggregated liability of the Company shall not exceed the amount paid or payable by the Customer to the Company for the quoted price of the Goods. The Customer indemnifies the Company against any liability or loss incurred arising out of the specification of the Goods or out of the Customer’s use of the Goods or their derivatives. The Customer indemnifies the Company against any action or claim concerning an infringement of any regulation or law or any infringement of any patent or intellectual property rights wherever held by the use of the Goods for whatever purpose they are used.
|11 Priority of Conditions|
While the Company will use its best endeavours to meet the requests of the Customer these Terms and Conditions of Sale shall have priority in all matters relating to the Purchase Order and its fulfilment or partial fulfilment.