Terms of Sale
1. General: These terms and conditions of sale (the “Agreement”) are entered into by and between Montana Molecular and the (“Buyer”) named in the order for Products or Services. The Buyer agrees to accept and be bound by the terms and conditions set forth in this Agreement. Purchase or use of Products and/or Services constitutes Buyer’s acceptance of this Agreement.
2. Limited Use: Resale Prohibited: Products are marketed and authorized for Research Use Only (“Authorized Use”). All other uses, including but not limited to, use in any diagnostic or clinical procedure, are prohibited. Buyer agrees to use Products and/or Services for Authorized Use only and agrees that it will not (and will not permit any third party to) modify the Products, resell the Products, redistribute or reverse engineer the Products, or undertake any other activity expressly prohibited by Seller.
3. Prices, Taxes, and Payment: Buyer shall purchase Products at the price(s) set forth in quotation, or if no price has been quoted, then at the published list price in effect as of the date of acceptance of Buyer’s order. Published list prices can be found online at https://montanamolecular.com/product-list/ All prices are exclusive of any and all taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. Buyer is responsible for all such charges, costs and taxes. Buyer shall pay by bank transfer, check, or credit card all invoiced amounts within thirty (30) days from the date of invoice. Interest on late payments of 1.5% per month or the highest rate permissible under the applicable law, may be calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments that have not been disputed in good faith within the thirty (30) day payment period.
4. Warranty: Products conform to published specifications as set forth in the product documentation and package inserts, and are free from defects in material and workmanship. Buyer acknowledges that the Products and/or Services are not intended for use in any clinical or diagnostic procedures. Buyer represents and warrants that it shall comply with all applicable laws, with respect to any Product or Service transacted hereunder.
5. Disclaimer: PRODUCTS AND SERVICES PROVIDED “AS IS” WITHOUT WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
6. Returns: Buyer is responsible for inspecting the order and must notify Seller within five (5) business days of delivery to report any problems or request a return. Product returns are subject to approval by Montana Molecular. In the case of refrigerated or frozen Products, no returns will be accepted, but may be replaced at Montana Molecular’s discretion. Buyers are advised to contact [email protected] for information about replacing or returning Products.
7. Limited Liability and Indemnification: Buyer assumes all risk and liability arising out of the transport, storage or use of Products, including infringement of any third-party intellectual property rights resulting from Buyer’s use of Products. Buyer shall indemnify and hold Montana Molecular, its affiliates, and their respective agents, employees, and representatives, harmless from and against all claims, damages, losses, costs and expenses (including attorney’s fees) (a) arising from or in connection with the transport, storage or use of Products, (b) resulting from Buyer’s breach of the Agreement, and/or (c) arising from the negligence, recklessness or misconduct of the Buyer, its affiliates, or their respective agents, employees, partners or subcontractors.
8. Jurisdiction: These Terms and Conditions of Sale shall be governed by and construed in accordance with the laws of the country where the Montana Molecular has its registered offices, without regard to the conflicts of law principles thereof. Any disputes relating to these Terms and Conditions of Sale shall be adjudicated in the state or federal courts where Montana Molecular has its registered offices, and Buyer hereby consents to the exclusive jurisdiction of such courts for purposes of any such litigation.