- Terms and Conditions
1. General Conditions
All Engibody products are sold for RUO (research use only, except as expressly stated otherwise on the instruction manual) and no further distribution is allowed without written permission. Except as otherwise declared, these products are not to be administered to humans and are not suitable for diagnostic and/or therapeutic purposes. Purchasers of Engibody products agree to comply with the provisions of applicable federal, state, and local statutes, rules, regulations, orders, and ordinances in any use that they may make of Engibody products.
Engibody reserves the right to discontinue sales of any products or to change product descriptions and/or specifications at any time without prior notification. Furthermore, Engibody reserves the rights to withhold, cancel, or suspend shipment of any products in cases of force majeur including, but not limited to labor troubles, war, civil unrest, accidents, acts of God, and government regulations/restrictions. No Terms and Conditions other than those stated herein, and no modification of these Terms or Conditions, shall be binding on Engibody without Engibody’s written consent.
Engibody products are shipped free carrier (FCA) from our shipping point. Freight or shipping charges are prepaid and added to the invoice, except as otherwise agreed in writing. Packaging, mode of dispatch and way of dispatch are chosen by Engibody, unless expressly agreed otherwise in writing. Risk of loss on all products shipped by Engibody shall pass to purchasers upon transfer of those products to carrier. Engibody shall not be liable for any loss, damage or delay during the course of shipment.
Any terms specified in customer purchase orders or other supporting documents other than product, quantity, price, shipping dates, and recitals of obligations to comply with applicable laws are specifically rejected.
3. Payment Terms
Payment terms are net 30 days after the date of invoice; past due accounts may be charged up to 1.5% interest per month. Purchased Engibody products are subject to the following terms and conditions of sale. These terms cancel and supersede all other terms, documents, or oral representations that relate to the purchase of products from Engibody. Engibody reserves the right to perform subsequent deliveries only against cash on delivery or advance payment.
4. Sales Tax (for US customers only)
Purchaser is solely responsible for any applicable sales, use, or similar tax and agrees to indemnify Engibody for any such tax if not properly paid. Sales tax will be added when shipping to jurisdictions where Engibody is responsible for collecting sales tax unless the receiving party has exempt information on file with eBioscience.
5. Return Policy
No returns can be accepted without prior approval by Engibody as a return authorization will be required on all returns. There may be a 20% fee for restocking returned products. No returns or refunds will be processed more than thirty days after the date shipped by Engibody. No returns or refunds will be processed for any custom/bulk/special orders.
6. Information and Technical Support
Information on processing and application possibilities for the products supplied by Engibody technical guidance and other data, in particular, on technical data sheets, are given according to the best of our knowledge, however, are not binding, and any liability shall be excluded. In particular, free verbal or written application advice as well as supply of personnel does not relieve the Purchaser from checking the materials himself for their fitness for the intended processes or purposes and for the danger of violating potential protection rights of third party.
The failure of Engibody to insist on the performance of any of the Terms or Conditions or to exercise any right hereunder shall not be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under the Terms and Conditions.
8. Warranty and Liability
Engibody only warrants to the original purchaser that products sold conform to specifications provided with shipped products and free from material defects. This warranty does not extend to any product that has been altered in any way by personnel other than Engibody employees or to any product that has been handled in a manner contrary to instructions included in product inserts and/or product labels. Engibody is not responsible for patent infringement of other violations that may occur with the use of Engibody products. Engibody makes no other express or implied warranties and specifically makes no implied warranties of merchantability or fitness for purpose.
Purchaser's only remedy under the above warranty shall be replacement with a conforming product, a credit towards future Engibody products or up to a one-hundred-five percent (105%) refund of the price of the product, at the sole option of Engibody.
The warranty period expires on the expiry date of the product. If Engibody receives no notice of defects within 5 days from delivery of product, the products shall be deemed to have been free of any defects. Notices of defects shall only be taken into account if the same are given in writing and without delay upon delivery of the products to purchaser and by presenting the bill of delivery note.
Engibody reserves the right to assign, in whole or in part, to any person, partnership, firm, corporation, or government agency/entity, any rights that may inure to it as a result of its sale of products. In the event that any one or more of these terms shall for any reason be held to be invalid, unenforceable, or illegal, the remaining provisions shall be unimpaired and remain in full force.
Exclusion of Liability: No warranty is granted if the instructions for handling and using the supplied products, in particular stock temperatures given on the packaging of the products and product inserts, are disregarded. In no event shall Engibody be held liable to you in any cause of action or claim of any nature, regardless of whether characterized as tort, negligence, contract, warranty, or otherwise, for any loss of profits or other economic loss, including but not limited to: wages paid to your employees, lost revenues, lost use of equipment, cost of replacement or substitute equipment, cost of capital, cost or loss related to downtime, manual labor costs or any other incidental damages arising out of any claim relating to your purchases of goods or services from Engibody, including any losses resulting from your general or particular requirements, whether or not Engibody had reason to know of such requirements, and whether or not such losses could have been reasonably prevented. In no event shall Engibody's liability exceed 105% of the purchase price of the non-conforming goods or services giving rise to any claim*.