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Breast Cancer Regulation
Biological Technology's terms and conditions
Boster Biological Technology: Boster Biological Technology CO
LTD, (registered in 3942 Suite B, Pleasanton, California, 94566, USA)
Customer: any person or organization purchasing Products from Boster
Order: the Customer’s order for Products as set out on the relevant Boster
Biological Technology order form (either online or otherwise).
Product: Boster Biological Technology branded products or products
distributed by Boster Biological Technology on behalf of Boster Biological
Technology's suppliers and available through Boster Biological Technology’s
catalog. All products
described in Boster Biological Technology's catalog and on Boster Biological
Technology's website are for research purpose only, not to be used for
diagnostic or therapeutic uses. They must not be used in humans.
OF CONTRACT AND ORDER ACCEPTANCE
2.1 The Order constitutes an
offer by the Customer to purchase the Products in accordance with these Terms
2.2 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 Boster Biological Technology in
writing. Boster Biological Technology 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 Boster Biological Technology.
2.3 Boster Biological
Technology shall confirm in writing any Order placed by Customer and such
confirmation will set out:
2.3.1 delivery costs,
arrangements for delivery,
2.3.3 expected delivery time,
2.3.4 any other information
relevant to the Order.
Formal acceptance of the Order will take place when the Products are dispatched
at which point a contract shall be formed between the parties
subject to these Terms and Conditions.
3.1 Ordering. The following
information is required to process an order
3.1.1 A Purchase Order Number
(unless paying by credit card);
3.1.2 Name, phone number and
email address or fax number of the purchasing officer - so that Boster
Biological Technology may confirm details of the order;
3.1.3 Name, phone number and
email address of the researcher in case of query; and
3.1.4 Resell permit, where applicable.
3.2 Shipping and Delivery. Shipments are made in
accordance with Boster Biological Technology’s standard commercial practices
via a carrier selected by Boster Biological Technology, unless otherwise agreed
in writing between the parties. Delivery times are approximate but Boster
Biological Technology will use commercially reasonable efforts to complete
delivery as set out on the Order acceptance confirmation.
3.3 Risk and Title. Risk in Product passes
on delivery. Title to Product does not pass until the Product has been paid for
in cleared funds.
3.4 Inspection. Packaging and Product
should be inspected immediately upon receipt. Notification of damage, shortages
or defects should be communicated to Boster Biological Technology immediately
by e-mail or fax.
Replacement and refund Policy. For Products
purchased directly from Boster Biological Technology and its authorized
distributors if the Product does not perform as described on the datasheet
associated with the Product, Customer must notify Boster Biological Technology within 12 months of delivery providing details of the relevant
protocol used. Boster Biological Technology will then examine details of
Customer’s protocol to determine whether the problem is protocol related or
Product related. For protocol-related problems, Boster Biological
Technology experts will provide reasonable independent advice. For
Product-related problems, a replacement or refund will be offered as Customer’s
3.6.1 Boster Biological
Technology may at its discretion, accept the return of any Product ordered incorrectly,
subject to a 15%
restocking charge on the items plus any shipping,
handling and packaging costs. Boster Biological Technology will not accept
returns of Products ordered incorrectly which have special shipping
requirements including those shipped on dry ice and those hazardous for
transport, any custom Products (including custom modified Products, custom
formulations, and custom pack size).
3.6.2 In the event of an
incorrect Product being delivered, Customer must contact Boster Biological
Technology immediately and store Products at 4°C in its original packaging and
await further instruction. Customer must not attempt to return the
Product to Boster Biological Technology before prior authorization has been
received. For Products which have special shipping requirements including those
shipped on dry ice, Customer must store as indicated on the applicable
datasheet pending receipt of further instructions from Boster Biological
AND TAX Prices do not include freight and packing, 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 despatch. If prices change between the time
of receipt of an Order and despatch, Boster
Biological Technology will contact Customer in advance.
5.1 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. Full payment
instructions will be set out on the invoice. At any time and without
notice, past due amounts under any invoice may be offset by Boster Biological
Technology against overpayments, credits or any other amounts due to the
customer from Boster Biological Technology.
5.2 Boster Biological
Technology accepts credit card, cheque, bank and wire transfer as methods of
payment, for further details please email email@example.com for US dollar
invoices, and firstname.lastname@example.org for all other invoices.
OF LIABILITY AND EXCLUSIONS
6.1 Boster Biological
Technology shall not be liable for failure to perform any of its obligations
resulting from circumstances beyond its reasonable control. Boster Biological
Technology will notify Customers as soon as practically possible after it
becomes aware of deficiencies in any Product supplied. Any claim relating to
Product shall be limited to replacement or refund of original purchase price
6.2 Boster Biological
Technology will not be liable for any professional advice it may offer in
relation to the use of Products nor any claims or applications not listed in
the literature or any use other than Customer’s own Internal Research Purposes
or the misuse of Products which will include using the Products for diagnostic,
therapeutic or in vivo use in human subjects. Boster Biological Technology
cannot provide a guarantee for all applications for which a specific reagent
may be used. Further, information disclosed in Boster Biological Technology
Product literature should not be considered as a recommendation to use Product
in violation of any patents.
6.3 To the extent permitted
by law, except for personal injury or death caused by Boster Biological
Technology's negligence (for which no limit applies), Boster Biological
Technology will not be liable (under contract, by negligence or any other way)
for any indirect or consequential loss or damage arising out of or in
connection with the Products or this these Terms and Conditions even if Boster
Biological Technology has been advised of the possibility of such damages and
Boster Biological Technology's total aggregate liability for any loss or damage
in respect of product or this agreement will not exceed the amount paid for
Product under this order.
6.4 To the extent permitted
by law, except as set out in these terms Boster Biological Technology disclaims
and excludes all other warranties, conditions, terms, obligations and
liabilities in respect of Product provided by Boster Biological Technology,
express or implied, whether by statute, law, custom, trade usage, course of
dealings or otherwise, including without limitation those with respect to
merchantability, quality, performance, non-infringement of third party rights
or fitness or suitability for a particular purpose.
A party (“Receiving Party”) shall keep in strictest confidence all technical or
commercial know-how, specifications, inventions, processes or initiatives which
are of a confidential nature and have been disclosed to the Receiving Party by
the other party (“Disclosing Party”), its employees, agents or subcontractors
and any other confidential information concerning the Disclosing Party’s
business, its products and services which the Receiving party may obtain.
The Receiving Party shall only disclose such confidential information to those
of its employees, agents and subcontractors who need to know it for the purpose
of discharging the Receiving Party’s obligations under these Terms and
Conditions, and shall ensure that such employees, agents and subcontractors
comply with the obligations set out in this clause as though they were parties
to the contract formed pursuant to these Terms and Conditions. The
Receiving Party may also disclose such of the Disclosing Party’s confidential
information as is required by law, any governmental or regulatory authority or
by a court of competent jurisdiction.
8.1 All customers agree to
comply with all United States laws and regulations controlling the export of
commodities and technical data and that they will be solely responsible for any
violation of such by their actions. In particular, it is understood and
acknowledged that the transfer of certain commodities and technical data is
subject to United States laws and regulations controlling the export of such
commodities and technical data, including all Export Administration Regulations
of the United States Department of Commerce. These laws and regulations, among
other things, prohibit or require a license for the export of certain types of
technical data to certain specified countries.
8.2 If any provision of
these Terms and Conditions is or becomes invalid or unenforceable, in whole or
in part, in any jurisdiction, the validity and enforceability of the other
provisions of these Terms and Conditions and its validity and enforceability in
any other jurisdiction shall not be affected. Any failure (in whole or in
part) to exercise or delay in exercising any right, power or remedy available
under these Terms and Conditions or in law will not constitute a waiver of
8.3 Nothing in these Terms
and Conditions is intended to provide any rights to third parties to enforce