These terms can also be downloaded here.
These terms can also be downloaded here.
1. Access to and use of this site is provided by the MRC PPU DNA Sequencing and Services subject to the following:
Disclaimer
2. Views and opinions of non-MRC PPU DNA Sequencing and Services groups or individuals that appear on the website do not necessarily reflect the views of MRC PPU DNA Sequencing and Services.
3. MRC PPU DNA Sequencing and Services does not endorse or recommend any commercial products, processes or services linked from or provided within this website.
4. The MRC PPU DNA Sequencing and Services website and the information, names, images, pictures, logos and icons contained therein are provided "AS IS" and on an "IS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind.
5. In no event will MRC PPU DNA Sequencing and Services accept liability for any damages, including, without limitation, indirect or consequential damages, or loss of profits, or any damages whatsoever arising out of or in connection with the use or loss of use of this site.
6. MRC PPU DNA Sequencing and Services does not warrant that the service continuity of this website will be uninterrupted or error-free, nor that this site or the server that makes it available are free of viruses, bugs or defects.
External links
7. Links from this site to other internet sites are provided only for the convenience of visitors to the MRC PPU DNA Sequencing and Services website. MRC PPU DNA Sequencing and Services and its members do not endorse the content or services delivered through these external websites and are not responsible for their availability, reliability or accuracy. Permission to reproduce information from these sites may be required from the website provider.
The existence of a link from any organisation’s site to the MRC PPU DNA Sequencing and Services site does not imply that MRC PPU DNA Sequencing and Services endorses the activities or views of that organisation.
Copyright Restrictions
8. All copyrights in this website, including logos, illustrations, photos, sound, scripts, animation and other material appearing on this website, otherwise known as “content”, belong to MRC PPU DNA Sequencing and Services or third parties authorising MRC PPU DNA Sequencing and Services to use the copyrights.
Users must not reprint or electronically reproduce from the MRC PPU DNA Sequencing and Services website any graphic in whole or in part without the prior written permission of MRC PPU DNA Sequencing and Services.
Users may download and save electronic documents, audio files and forms from the Website and print or listen to these for personal use, but such forms, files and documents remain the copyright of MRC PPU DNA Sequencing and Services.
Accuracy of Information
9. Neither MRC PPU DNA Sequencing and Services nor its members will be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information, which it may contain.
We have made reasonable efforts to ensure that the information is accurate at the time of inclusion. The information on this website could include technical inaccuracies or typographical errors. However, the information may be out of date at the time of access by the visitor. We are not liable for any error or omission in, or any failure to update, the information on this site and any decisions based on the information are the sole responsibility of the visitor.
We reserve the right to make changes to this website at any time without notice.
10. If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent to and within the jurisdiction in which that Term and Condition is illegal, invalid and unenforceable, it shall be severed and deleted from this clause and the remaining Terms and Conditions shall survive, remain in full force and continue to be binding and enforceable.
11. You agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of this site by any third party. Such restriction and inhibition includes, without limitation, conduct which is unlawful or which may harass or cause distress or inconvenience to any person and the transmission of offensive material or disruption of normal flow of dialogue within this site.
12. If these Terms and Conditions are not accepted in full, the use of this site must be terminated immediately.
Use of Cookies
Cookies are used on some web sites to track customers and for other legitimate purposes. However, they can also be used for directed advertising and for various undesirable purposes. Recent EU legislation requires web site owners to inform visitors about the use of cookies on their site. At MRC PPU DNA Sequencing & Services we do not use cookies on our website for any purpose and so visitors can feel safe in the knowledge that their privacy will not be affected in any way.
CONDITIONS OF SALES
1. Acceptance - ALL SALES ARE SUBJECT TO AND EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED HEREIN, WHICH ARE ACCEPTED BY THE BUYER UPON PLACING OF AN ORDER FOR PRODUCT(S) WITH THE SELLER WHICH ORDER IS CONFIRMED BY THE SELLER.
2. Product/Service Request - By requesting products and services from the Seller, the Buyer agrees to enter into a research collaboration with the Seller for the provision of various scientific services relating to DNA sequencing and/or fragment analysis. This collaboration will include, but is not limited to:
The Buyer will normally receive the Seller’s expert advice and assistance as a standard part of the collaboration and included in the price charged to the Buyer. However, the Seller reserves the right to charge separately for any extensive areas of collaborative research undertaken to assist the Buyer.
The Buyer agrees to acknowledge appropriately in publications or other materials that the Buyer generates using products provided by the Seller the scientific collaboration entered into by the Buyer with the Seller.
3. Changes - Orders arising hereunder may be changed or amended only by written agreement signed by authorised representatives of each of the Buyer and the Seller, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery.
The Buyer may not cancel this order unless such cancellation is expressly agreed to in writing by the Seller. In such event, the Seller will advise the Buyer of the total charge for such cancellation, and the Buyer agrees to pay all charges imposed on the Seller by its suppliers, and any other cost resulting from cancellation of this order by the Buyer.
4. Delivery, claims, delays - All materials sent to the Seller are sent at the Buyer's expense and no charges shall be levied on the Seller by the Buyer in respect of such expenses. The Buyer shall bear all risk of loss or damage in transit of materials sent to the Seller. All physical materials sent to the Buyer from the Seller will be sent at the Seller's expense by normal UK postage unless otherwise agreed in writing with the Buyer prior to dispatch. If additional Shipping and Handling Charges are quoted or invoiced, they will include charges in addition to actual freight costs and will have been agreed in writing with the Buyer prior to dispatch. Dispatch of the goods at the Seller's shipping point shall constitute delivery to the Buyer and the Buyer shall bear all risk of loss or damage in transit. The Seller reserves the right to make delivery in instalments. Delay in delivery of any instalment shall not relieve the Buyer of the Buyer's obligations to accept remaining deliveries. All electronic data generated as part of a contract and deposited on the Seller's server for the Buyer to download will be maintained on the server for a period of not less than 6 calendar months from the date on which it was deposited on the server. Deposition of electronic data on the Seller's server shall constitute delivery of the product to the Buyer and it is the responsibility of the Buyer to download the data and maintain it. The Seller shall not be held responsible for any loss or damage resulting from removal of data from the Seller's server, nor be responsible for maintenance of electronic data beyond the 6 month period. Any request by the Buyer for the Seller to maintain data beyond the 6 month period must be mutually agreed in writing.
Immediately upon the Buyer's receipt of any product(s), the Buyer shall inspect the same and shall notify the Seller in writing of any claims for shortages, defects or damages and shall hold the goods for the Seller's written instructions concerning disposition. If the Buyer shall fail to so notify the Seller within five days after the goods have been received by the Buyer, such goods shall be deemed to have been irrevocably accepted by the Buyer.
The Seller shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond the Seller's reasonable control.
5. Allocation of goods - If the Seller is unable for any reason to supply the total demands for goods specified in the Buyer's order, the Seller may allocate its available supply among any or all of the Buyers on such basis as the Seller may deem fair and practical, without liability for any failure of performance which may result therefrom.
6. Payment - Terms of sale are net 30 days of date of invoice, unless otherwise stated. If the financial condition of the Buyer indicates to the Seller that the purchase price may not be recoverable from the buyer, the Seller may, without notice to the Buyer, delay or postpone the delivery of the product(s); and the Seller may request payment in full or in part in advance of shipment of the entire undelivered balance of said product(s). In the event of default by the Buyer in the payment of the purchase price or otherwise, of this or any other order, the Seller, at its option, without prejudice to any other of the Seller's lawful remedies, may defer delivery or cancel this Contract. The Buyer agrees to pay all costs, including, but not limited to, reasonable legal and accounting fees and other expenses of collection resulting from any default by the Buyer in any of the terms hereof.
7. Taxes and other charges - The price of the products will be the Seller's quoted price exclusive of valued added or other taxes, which shall be charged by the Seller if entitled to do so by operation of law.
8. Pricing - Prices shown are in UK pounds sterling and are subject to change. Please contact the Seller for current prices if this information is required prior to placing an order for product(s). Written quotations are guaranteed for a period of 90 days and should be quoted when placing an order.
9. Warranty - THE SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PRODUCT(S), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
The Seller's sole and exclusive liability and the Buyer's exclusive remedies with respect to product(s) proved to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in the Seller's sole discretion, upon the return of such products in accordance with the Seller's instructions.
THE SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF THE BUYER OR OTHER USE OR ANY LIABILITY OF THE BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOUR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY THE SELLER'S GROSS NEGLIGENCE.
All claims must be brought within one (1) year of shipment, regardless of their nature.
10. Buyer's use of product(s) - Product(s) are intended primarily for laboratory research purposes and, unless otherwise stated in literature furnished to the Buyer, are not to be used for any other purposes, including but not limited to, in vitro diagnostic purposes, in foods, drugs, medical devices or cosmetics for humans or animals or for commercial purposes. The Buyer acknowledges that the products have not been tested by the Seller for safety and efficacy in food, drug, medical devices, cosmetic, commercial or any other use, unless otherwise stated in the Seller's literature furnished to the Buyer. The Buyer expressly represents and warrants to the Seller that the Buyer will properly test, use, manufacture and market any products purchased from the Seller and/or materials produced with products purchased from the Seller in strict compliance with all applicable laws and regulations, now and hereinafter enacted.
11. Buyer's Representations and Indemnity - The Buyer represents and warrants that it shall use all products ordered herein in accordance with the preceding Paragraph, and that any such use of products will not violate any law or regulation. The Buyer agrees to indemnify and hold harmless the Seller, its employees, agents, successors, officers, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that the Seller may sustain or incur as a result of any claim against the Seller based upon egligence, breach of warranty, or liability in law brought as a result of activity of the Buyer, its officers, agents or employees. The Buyer shall notify the Seller in writing within fifteen (15) days of the Buyer's receipt of knowledge of any accident, or incident involving the Seller's products that results in personal injury or damage to property, and the Buyer shall fully co-operate with the Seller in the investigation and determination of the cause of such accident and shall make available to the Seller all statements, reports and tests made by the Buyer. The furnishing of such information to the Seller and any investigation by the Seller of such information or incident report shall not in any way constitute any assumption of any liability for such accident or incident by the Seller.
12. Patent disclaimer - The Seller does not warrant that the use or sale of the products delivered hereunder will not infringe the claims of any patents covering the product itself or the use thereof in combination with other products or in the operation of any process.
13. Refunds - Goods may not be returned for credit except with the Seller's permission, and then only in strict compliance with the Seller's return shipment instructions. Any returned items may be subject to a 20% processing fee.
14. Technical Assistance - At the Buyer's request, the Seller may, at the Seller's discretion, furnish technical assistance and information with respect to the Seller's products.
THE SELLER MAKES NO WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WITH RESPECT TO TECHNICAL ASSISTANCE OR INFORMATION PROVIDED BY THE SELLER OR THE SELLER'S PERSONNEL. ANY SUGGESTIONS BY THE SELLER REGARDING USE, SELECTION, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS SPECIFICALLY DESIGNATED AS SUCH IN WRITING AND SIGNED BY AN OFFICER OR OTHER AUTHORIZED REPRESENTATIVE OF THE SELLER.
15. Miscellaneous - The Seller's failure to strictly enforce any term or condition of this order or to exercise any right arising hereunder shall not constitute a waiver of the Seller's right to strictly enforce such terms or conditions or exercise such right thereafter.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto, and their respective heirs, personal representatives, successors and assigns.
16. Governing Law - All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of Scotland.
TERMS OF SALES
1. In these Conditions:
The Buyer refers to the person, firm, company or other organisation who or which has ordered Products from the Seller.
The Seller refers to MRC PPU DNA Sequencing & Services, MRC PPU, MSI/WTB/JBC Complex, College of Life Sciences, University of Dundee, Dundee. DD1 5EH Scotland.
The Contract means the contract for the sale and purchase of Products between the Seller and the Buyer comprising the written quotation of the Seller that is accepted by the Buyer or any written order of the Buyer that is accepted by the Seller whichever first occurs.
The Products means any items or services produced or supplied by the Seller (including, but not limited to, any biochemical samples and electronic data of any kind. Please see our web site for full details of products offered).
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