ACCEPTANCE OF PURCHASE ORDERS: Buyer may issue Purchase Orders in response to Gene Link's Quotation. Gene Link has the right to reject Purchase Orders within five (5) business days of Gene Link's receipt of written Purchase Orders. Upon acceptance of a Purchase Order, this Quotation and such accepted Purchase Order shall establish a contract between Buyer and Gene Link.
QUOTATION: The quotation between Gene Link and the Buyer shall constitute the entire understanding between the parties and replaces all prior understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this quotation shall be binding unless written and signed by an authorized representative of both parties.
PRICE: The price for any product or service offered to Buyer on this Quotation (herein after "Products") shall be the price stated on this Quotation and is subject to change at the expiration date of the quotation. If the price is stated by reference to a published price list, then the price shall be the price on the published price list in effect at the time Gene Link receives Buyer's purchase order or any other agreed upon method of payment. Prices published are subject to change without notice.
PRODUCTS: Each Gene Link product is shipped with documentation stating specifications and other technical information. Gene Link products are guaranteed to meet or to exceed the stated specifications. Gene Link products are for research only. Not for use in diagnostic or therapeutic procedures. Applications mentioned in Gene Link literature are provided for informational purposes only. Gene Link does not warrant that all applications have been tested in Gene Link laboratories using Gene Link products.
PAYMENT TERMS: Payment terms are net 30 days from date of Gene Link's invoice to Buyer. Gene Link reserves the right to require alternative payment terms, including, without limitation, Sight Draft, Letter of Credit, or Payment in Advance. If shipments are deferred by Buyer, payment shall be made based on the Agreement price. Buyer shall be liable for the price of all Products substantially conforming to Buyer's Purchase Order, notwithstanding that Buyer may not have accepted, or may have revoked acceptance, of same. If payment is not received by the due date, a service charge will be added at the rate of 1% per month (12% per year) or the maximum legal rate to unpaid invoices from the due date thereof.
CREDIT TERMS AND COLLECTION COSTS: Gene Link may, at any time and in its sole discretion, limit or cancel the credit of Buyer as to time and amount and as a consequence, may demand payment in cash before delivery of any unfilled portion of any purchase order based on this Quotation, and may demand assurance of Buyer's due performance. Upon making such demand, Gene Link may suspend shipments. If, within 30 days, Buyer fails to agree and comply with such different terms of payment, and/or fails to give adequate assurance of due performance, Gene Link may (1) by notice to Buyer, treat such failure or refusal as a repudiation by Buyer of the portion of the purchase order not then fully performed, whereupon Gene Link may cancel all further deliveries and any amounts unpaid hereunder shall immediately become due and payable; (2) make shipments under reservation of a security interest and demand payment against tender of documents of title. If Gene Link retains a collection agency and/or attorney to collect overdue amounts, all collection costs, including attorney's fees, shall be payable by Buyer. Buyer's acceptance of delivery of any products or services based on this Quotation shall constitute a representation that Buyer is solvent.
DELIVERY: All Gene Link's products are shipped F.O.B., Elmsford, NY 10523, USA. Gene Link will use every reasonable effort to effect shipment of the Products on the date indicated in the invoice. Gene Link shall not be liable for any delay or failure in performance or delivery where such delay or failure results from any obstacle beyond Gene Link's control, including, but not limited to, strike, boycott, or other labor disputes, embargo, governmental regulation, inability or delay in obtaining materials. In the event of any such delay , Gene Link shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances; and Gene Link shall also have the right to apportion fairly among its various customers in such manner as Gene Link may consider equitable, the Products then available for delivery. Gene Link may make delivery in installments, and each installment shall be deemed to be a separate sale. Gene Link may render a separate invoice for each installment, which invoice shall be paid without regard to prior or subsequent installments.
CANCELLATION: Custom orders once placed cannot be cancelled without prior written authorization from Gene Link. Catalog orders
can be cancelled prior to shipping. Buyer may, by written notice to Gene Link, defer or cancel shipping of catalog Products specified in an order
one time without charge, and may be subject to charges consistent with those charged by Gene Link to its other customers.
ACCEPTANCE AND REJECTION: Buyer shall inspect all Products within 30 days of receipt thereof, and may reject any Product that is defective provided that (i) it is (or has been) a standard Product offered by Gene Link, and (ii) it has not been used, abused, or damaged by Buyer or Buyer's agents. All other Products shall be accepted. Any Product not properly and timely rejected by Buyer shall be deemed accepted. To reject a Product, Buyer shall notify Gene Link in writing of its rejection and shall promptly return the rejected Product to Gene Link, C.O.D. Gene Link shall promptly repair the rejected Product, or replace the rejected Product with conforming Product. Gene Link's sole obligation and the customer's sole remedy within the 30 days' notice period is limited to replacement of products free of charge in the event products fail to perform as warranted or refund of the cost of the product.
LIABILITY: Under no circumstances shall Gene Link be liable for any damages directly or indirectly related to Gene Link's products and services. Whether direct, incidental, foreseeable, consequential, or special ( including but not limited to loss of use, revenue or profit), whether based upon warranty, contract, tort (including negligence) or strict liability arising in connection with the sale or the failure of Gene Link products to perform in accordance with the stated specifications.
WARRANTY: Gene Link makes no warranty of any kind, specifically disclaims and excludes all other warranties of any kind or nature, directly or indirectly, express or implied, including, without limitation, as to the suitability, productivity, durability, fitness for a particular purpose or use, merchantability, condition, or any other matter with respect to Gene Link products.
WEBSITE: Because the receipt of information on the Internet is highly dependent upon factors, including without limitations to, the user's computer, browser, operation system, etc., information may be perceived incorrectly. Therefore, Gene Link does not warrant or guarantee that the information contained on its website www.genelink.com is error free.
