Terms updated on 16-April-2018
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Welcome to GEG-tech.com, and thank you for your interest in purchasing our products. We value your business and our goal is to make your purchasing experience as smooth as possible. If you have any questions about our quotation or ordering process, please contact Customer Services at [email protected].
These are the contract terms and conditions (“Terms”) under which Genetic Engineering Group Tech (“GEG Tech”) sells products and services to a Service purchaser (hereby referred to as “Client”). These Terms and any schedule(s), attachment(s) and exhibit(s) agreed and executed by GEG Tech and Service purchaser create the contract (“Contract”). Contract shall govern the provision of all goods and/or services (“Services”) by GEG Tech to Client. GEG Tech and Client are hereby collectively referred to as “Parties”. If any conditions within Contract documents conflict with each other, we will give them the following priority: the quotation, Supplementary Terms, and finally these Terms.
Unless acknowledged and signed by GEG Tech in writing, any additions or alterations by Client shall not bind GEG Tech. GEG Tech’s failure to object to any amendments, alterations, additions or proposals contained in any work order or other form or document from Client shall not be construed as a waiver of the Contract nor an acceptance of any such amendments, alterations, additions or proposals.
These Terms do not constitute or contain any assignment or license of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.
Client must use purchased products in accordance with GEG Tech’s instructions. Client is solely responsible for making sure that the way the products are used complies with applicable laws, regulations and governmental policies. Client must obtain all necessary approvals and permissions needed. It is solely Client’s responsibility to make sure the products are suitable for Client’s particular use.
Products and Services provided by GEG Tech are “FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC, OR THERAPEUTIC USE” and are not to be used for any other purposes including, but not limited to, unauthorized commercial purposes.
The advertising of products on the GEG Tech website constitutes an “invitation to treat”; and Client’s order for products constitutes a contractual offer. No contract will come into force between Parties unless and until acceptation of the order by GEG Tech in accordance with the procedure detailed below. In order to enter into a contract to purchase products from GEG Tech, Client will need to take the following steps: (i) send the purchase order by e-mail at [email protected] or any other electronic address provided by an agent of GEG Tech; (ii) Client may pay for his order with an acceptable bank or credit card or contact our sales office to request a pro-forma invoice that will be paid by bank transfer; (iii) once GEG Tech has checked whether GEG Tech is able to meet Client’s order, an order confirmation (at which point Client’s order will become a binding contract) will be sent. Otherwise Client will be notified that his order cannot be fulfilled.
GEG Tech will arrange for the products to be delivered to the address for delivery indicated in the order. GEG Tech will use reasonable endeavors to deliver products in a timely manner. However, GEG Tech cannot guarantee delivery by any specific date.
GEG Tech’s preferred shipping carrier is DHL Express; however, GEG Tech reserves the right to ship using alternate carriers.
The Client shall pay GEG Tech for the Products and Services before GEG Tech provides the Client with the Products or Services, or, if applicable, according to the payment schedule as set forth in quotation. If Client defaults in any payment when due, GEG Tech, at its option and without prejudice to its other lawful remedies, may delay performance, defer delivery, charge higher interest rate to the maximum amount allowed by law on undisputed amounts owed, and/or terminate the Contract. All payments due hereunder shall be made in the currency specified by GEG Tech in writing in the Invoice. GEG Tech reserves the right to require alternative payment terms, including, without limitation, letter of credit or payment in advance.
The price for Services is shown in GEG Tech’s quotation. If Client is not provided with a quotation, the price will be the list price shown on GEG Tech website. The prices on the website exclude all value added taxes (where applicable).
Prices for Services are liable to change at any time, but changes will not affect contracts which have come into force.
Unless Parties agree in writing, Client will be responsible for any use tax, sales tax, excise tax, custom duty, inspection or testing fee, or any other taxes, fees, duties or charges imposed by any governmental authority, relating to or measured by the transaction, in addition to the prices quoted or invoiced in the Contract. If GEG Tech is required to pay any such taxes, custom duties, fees or charges, Client shall reimburse GEG Tech thereof or provide GEG Tech an exemption certificate or other document acceptable to the authority imposing the taxes, duties, fees, or charges at the time the order is placed.
No return of products is possible.
If for any reason Client is not satisfied with the ordered items, Client should contact Customer Services at [email protected] to ask for a refund. Client will have to provide data generated using the unsatisfactory product(s) in order to be eligible for a refund. After getting a refund confirmation from GEG Tech, a full refund will be credited in the form of the original payment within 30 days following the refund confirmation. This refund policy only concerns catalog products, and does not include products issued from On-Demand Services.
GEG Tech will treat all Data provided by the Client in the context of the Services as proprietary and confidential and will not disclose the same to any person except its employees, consultants, and subcontractors to whom it is necessary to disclose the Data for purposes of providing the Services. If the disclosure is requested in any legal proceedings, GEG Tech will notify Client promptly prior to any disclosure to permit Client to oppose such disclosure by appropriate action. Client agrees to reimburse out-of-pocket costs and reasonable attorney’s fees if GEG Tech is obligated to testify or produce documents in any legal or administrative proceedings regarding the Services.
The Contract is for the Services only. GEG Tech’s sole warranty with respect to the Services is that GEG Tech will perform the Services in accordance with the standard of performance set forth above. Client shall notify GEG Tech in writing of any claim for a breach of such warranty within one (1) month after delivery by GEG Tech of the final Deliverable relating to such Services. The sole remedy to Client for breach of such warranty shall be to require GEG Tech to re-perform the Services. If Client refuses to accept the deliveries of any of the Services, or is otherwise in default under or repudiates this Contract or any other agreement with GEG-tech.com or fails to pay when due any invoice under this Contract, then in addition to any and all remedies allowed by law, GEG Tech, without notice, may: 1- Bill and declare due and payable all undelivered Products 2- Defer shipment under this or any other agreement between Client and GEG Tech until such default, breach or repudiation is removed 3- Cancel any undelivered portion of this and/or any other agreement in whole or in part.
To the maximum extent permitted by applicable law, in no event shall GEG Tech (or its subsidiaries, affiliates, subcontractors, officers, directors, employees, or agents) be liable under any legal theory as a result of GEG Tech’s performance of the Services for any indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of business, loss of profits, loss of customers, client or goodwill. Delivery dates and times are estimates only and GEG Tech will not be liable (in contract, delict, tort or otherwise) for any losses, expenses, claims or damages caused by a late delivery.
Unless otherwise provided in applicable Supplementary Terms, the sale of products to Client only grants a limited, non-transferable right under such intellectual property, for only Client to use the quantity of the products that bought from GEG Tech only for internal research purposes. No right to resell GEG Tech’s products or any of their components is conveyed expressly, by implication, or by estoppel. Unless expressly state otherwise in Supplementary Terms by GEG Tech, GEG Tech provides no rights to use their products in commercial applications of any kind, including, without limitation, manufacturing, quality control or commercial services for a fee or other form of consideration. Nothing in the Contract limits GEG Tech’s ability to enforce their intellectual property rights.
Products and information received from GEG Tech are subject to United States, European Union and local export-control laws and regulations. Client may not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any such product or information (including products derived from or based on our products or information) to any destination, entity, or person prohibited by United States, European Union or local laws or regulations.
Client shall indemnify and hold harmless GEG Tech, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any and all expenses, damages, costs, judgments, and losses arising from any Client’s product or service based in whole or in part on Deliverables delivered hereunder or any portion thereof.
GEG-tech.com may terminate the Contract in the event that Client breaches or fails to comply with any material provision of the Contract, and fails to remedy the breach or failure to the satisfaction of GEG-tech.com within fifteen (15) days of receiving written notice where the breach or failure is capable of being remedied.
Except with respect to the obligation to make payment, neither GEG Tech nor Client shall be responsible for failure or delay in performance of its obligations related to the Services due to causes beyond its reasonable control, including but not limited to, acts of God, governmental actions, fire, labor difficulty, shortages, civil disturbances, transportation problems, interruptions of power or communications, failure of suppliers or subcontractors, or natural disasters.
By agreeing to these Terms, Client warrants that:
(a) Client is legally capable of entering into binding contracts, and has full authority, power and capacity to agree to these Terms, and
(b) the use of the Services supplied by GEG Tech is lawful, and
(c) the Services supplied will not be used in any jurisdiction or domain that is proscribed by law, and
(d) the information provided by Client in the order is accurate and complete, and
(e) Client is lawfully entitled to any tax or fiscal exemptions or privileges that he is claiming for his order, and
(a) Client will be able to accept delivery of the deliverables Services.
Under the On Demand Services, GEG Tech provides clients with consulting services including, but not limited to, design and digital assembly of sequence, choice of vector and cloning site, and help on choice of service packages. Client shall acknowledge and agree that these services are provided for informational purposes only. Client shall agree that it remains Client’s responsibility to evaluate such suggestions before adopting them. In some cases, GEG Tech can accept to use the plasmid construction(s) of the Client to do the vector production. If it is, GEG Tech cannot give guarantees in terms of titer or yield of vector production, the information given about that to the Client are provided for information purposes only. Finally, by placing an order with GEG Tech, Client will be deemed to have read, understood, and agreed to the Contract.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GEG Tech or its content suppliers or its partners and protected by international copyright laws. The compilation of all content on this site is the exclusive property of GEG Tech, with copyright authorship for this collection by GEG Tech, and protected by international copyright laws.
Terms updated on 16-April-2018
