Terms of Service | Applied Biological Materials Inc. (original) (raw)

General Conditions

Products are sold and licensed for use by end-users only for research or laboratory use and are not to be used on humans or for clinical diagnostic or drug purposes. Any use of Products for diagnostic or therapeutic purposes, or any purchase of Products for resale (alone or as a component), requires a separate license from Applied Biological Materials Inc. The purchase of Product does not grant any right or license to use such Product in the practice of any methods covered by abm patents or applications.

Lead time estimates are based on information provided from the customer regarding the project's requirements and historic standard production times at the time of quote. Actual delivery schedule is subject to change. abm shall use commercially reasonable efforts to deliver products on time, however the lead time provided is only an estimate and not guaranteed due to the biological nature of the production process.

Terms of Payment

For PO's from pre-approved institutions, the terms of payment are net thirty (30) days from the date of shipment. A 1.5% service charge per month is added for accounts over 30 days.

Changes or Cancellations

Changes or cancellations to orders involving custom service or prioritized out of stock items prior to shipment are subjected to a reagent recovery fee of 20% of the custom service and/or product price. All custom service orders are final sale.

Shipping

Orders within Canada are shipped Monday-Thursday, orders to the USA are shipped Monday-Wednesday, and orders outside Canada/USA are shipped on Friday or Monday. Products are shipped F.O.B. Vancouver, Canada, shipping charges are prepaid and added to your invoice and unless otherwise requested, orders are shipped via Federal Express Priority.

For all non-Canadian orders, please note that customs clearance is not in our control. Applied Biological Materials Inc. recommends the use of FedEx as a broker for the most efficient and timely clearance of shipments.

In the event of shipment damage or errors in the products packaged, a picture showing the sealed foil pouches is required to verify damage/errors, and should be reported within 7 days of receipt of the shipment.

Warranties

abm warrants to customers that all products manufactured by or for abm and delivered hereunder, to abm's knowledge will not infringe the claims of any patent, trademark or copyright of any third party. abm does not warrant that any customer's use or resale of goods delivered hereunder will not infringe the claims of any patents, trademarks or copyrights of any third party. These warranties are exclusive, and abm makes no other warranty, expressed or implied.

abm products are warranted to meet our QC testing standards at the time of shipment. Notice of problematic products must be made to abm within 10 days of receipt of the product. This product warranty limits abm liability to the replacement of the product only. Under no event, shall abm be liable for loss of profits, failure of research results, or direct, indirect, punitive, incidental, or consequential damages, including but not limited to loss of research or development, anticipated profits or economic loss. If all the above are not acceptable to you, return the products to us as soon as possible. Failure to promptly return the product constitutes the acceptance of the above terms.

Use of Location

Our website uses your location to provide you with the most relevant product information and services for your country, including news, promotions, and more.

Guidelines for Safe Use of the Products

Applied Biological Materials Inc. recommends that the buyer and other persons using the products follow Good Laboratory Practice guidelines. abm disclaims any and all responsibility for any injury or damage, which may be caused by the failure of the buyer or any other person to follow said guidelines. It is the user's responsibility to determine the applicability of any material and/or procedure for a specific purpose and to adopt such safety precautions as may be necessary.

Research Use Only

Products sold by Applied Biological Materials Inc. are all intended for research purposes by qualified persons only.

Limited Use Label Licenses

ERS Genomics End-User Label License for the use of CRISPR

Certain commercial entities and/or activities performed at commercial entities may require additional contract rights from ERS Genomics Limited which are not granted through the purchase of this product. For additional information please see www.ersgenomics.com/research-products.php.

The purchaser receives a non-exclusive, non-transferable right to use the Product, Progeny (meaning any unmodified descendant form of the Product), Modifications (meaning any modifications of the Product) and Unmodified Derivatives (meaning any substances created by the purchaser which constitute an unmodified functional subunit or product expressed by the Product) for RESEARCH USE ONLY, which, subject to the exclusions below, includes use to discover and develop any product, including therapeutic products, which may then be sold to third parties, provided, however, that such products do not incorporate the Product, Progeny, Modifications, or Unmodified Derivatives.

No “Commercial Use” is allowed. Commercial Use means any and all uses of the Product, Progeny, Modifications or Unmodified Derivatives thereof, or any modified cells or organisms created through use of the foregoing, including but not limited to:

  1. Sale, whether or not such sale is limited for use in research;
  2. Provision of a service to a third party;
  3. Use in any diagnostic, preventative, or therapeutic application;
  4. Use in any veterinary, livestock or agricultural application;
  5. Use in later stage development of therapeutics, diagnostics, prophylactics (e.g., hit-to-lead, lead optimization); and
  6. Manufacturing of a product for sale.

For clarity, transfer of materials or provision of services by not for profit or academic core labs to their internal clients shall not constitute a Commercial Use.

Except for the rights granted herein, any and all rights to the Product, Progeny, Modifications or Unmodified Derivatives thereof, shall remain in ABM. No ownership rights are transferred.

The purchaser shall have no right to assign the rights granted herein to third parties. The Product, Progeny, Modifications or Unmodified Derivatives thereof, must at all times remain in the possession of the purchaser, except for a transfer to a scientific collaborator or to a service provider, to perform services, solely on behalf of the purchaser.

ERS Genomics Limited is an intended third-party beneficiary under these Terms of Use.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

Applied Biological Materials Inc.
www.abmgood.com
#1-3671 Viking Way
Richmond, BC
V6V 2J5 CANADA

Email: [email protected]
Phone: 1-866-757-2414

This document was last updated on August 24, 2018