Terms & Conditions
Pricing and Payment Terms
All prices are subject to change without notice. Payment terms are net thirty
(30) days from receipt of invoice. You will only be charged for products shipped.
Products placed on back order will be charged when shipped. If you place an
order and fail to fulfill the terms of payment, R&D Systems may without
prejudice to any other lawful remedy defer further shipments and/or cancel
any order. You shall be liable to R&D Systems for all costs and fees, including
attorneys' fees, which R&D Systems may reasonably incur in any actions
to collect on your overdue account. R&D Systems does not agree to, and
is not bound by, any other terms or conditions such as terms in a purchase
order that have not been expressly agreed to in writing signed by a duly authorized
officer of R&D Systems.
Quantity discounts available. Please ask your customer service or sales representative
for details. Certain exclusions may apply.
Sales Tax
You are solely responsible for any applicable sales, use, or similar tax and
agree to indemnify R&D Systems for any such tax if not properly paid by
you. Sales tax will be added when shipping to jurisdictions where R&D Systems
is responsible for collecting sales tax unless the receiving party has exempt
information on file with R&D Systems. If you feel that your account is
not setup properly please enter a note to this effect on your order or contact
us.
Shipping
Shipping and handling costs are prepaid and added to the invoice. Shipping
and handling costs will be charged only on the first shipment in situations
where an order contains back ordered products. R&D Systems reserves the
right to select the packaging and shipping method for your order, which will
ensure the stability of the product and also efficient tracing. Domestic orders
will normally be shipped by overnight air express on the indicated date. The
indicated date is an estimate only, and R&D Systems shall not be liable
for a delay in shipping. Any damage during shipment is covered by the warranty
provided in these terms and conditions. For international orders, title to
the goods passes in the United States when the goods are placed with the shipper.
For all orders, the risk of loss of the goods passes when the goods are placed
with the shipper.
Order Confirmation and Duplication
Written confirmation of a telephone, fax, e-mail or internet order is not
required. However, if confirmation of an order is sent, it should be prominently
marked -"CONFIRMING ORDER, DO NOT DUPLICATE".
Duplicate shipments due to incorrectly marked confirming orders will be subject
to a returned products charge of 20% of the list price of the product(s) returned
("Returned Products Charge") plus shipping charges. We do not issue
full credits for returned products since our products are perishable and we
can not be assured of the quality of returned products.
Resale Prohibited
In the absence of an express written agreement to the contrary, all products
are sold by R&D Systems for the exclusive use of the purchaser and are
not to be resold.
Claims and Returns
Any claim for credit or return goods request must be made within ten (10)
days of receipt. Custom, non-standard catalog and non-catalog orders are ineligible
for cancellation or return. A return authorization ("Return Authorization")
must be obtained from R&D Systems' Customer Service for all returns.
R&D Systems will not accept, and no credit will be issued, without a Return
Authorization.
Upon receipt of authorized returned products, a credit for the original purchase
price less the Returned Products Charge and the original shipping and handling
charge ("Partial Credit") will be issued. To obtain a Partial Credit,
products must be returned within sixty (60) days of receiving a Return Authorization.
If an error by R&D Systems results in shipment of an incorrect order,
R&D Systems will, at its sole option, either ship a replacement order at
no charge or credit your account for the purchase price of the original product
shipped in error plus shipping charges. If an error by you results in the shipment
of an incorrect order and is reported to R&D Systems within ten (10) days,
you may obtain a Return Authorization and return the product(s) for Partial
Credit.
Limited Warranty
Some product information in the catalog may be abbreviated. Before ordering,
we recommend that you review specifications of the product as published in
the product insert available at our website or call and request a copy from
your distributor. Product inserts on the website reflect, in general, the applications
and conditions for use. Products should be used in accordance with the insert
shipped with the product. R&D Systems reserves the right to change product
specifications without prior notification. All products supplied by R&D
Systems are warranted to meet our published specifications when used under
normal conditions in your laboratory.
R&D SYSTEMS DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS. IN PARTICULAR,
R&D SYSTEMS DOES NOT MAKE ANY WARRANTY OF SUITABILITY, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT.
Remedies and Limitations
SHOULD ANY PRODUCT FAIL TO PERFORM AS WARRANTED OR FOR ANY OTHER CLAIMS ARISING
FROM OR RELATED TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS FROM R&D
SYSTEMS, R&D SYSTEMS' LIABILITY AND YOUR REMEDY ARE STRICTLY LIMITED
TO THE PURCHASE PRICE OR REPLACEMENT, AT R&D SYSTEMS' SOLE OPTION,
OF THE PRODUCT SOLD. UNLESS OTHERWISE STATED, THE PRODUCTS IN THIS CATALOG
AND WEBSITE ARE SOLD FOR RESEARCH USE ONLY.
YOUR REMEDY SET FORTH FOR BREACH OF ANY WARRANTY ARISING HEREBY, EXPRESS OR
IMPLIED OR BY OPERATION OF LAW, SHALL BE THE EXCLUSIVE AND SOLE REMEDY TO THE
EXCLUSION OF ANY AND ALL OTHER REMEDIES INCLUDING, WITHOUT LIMITATION, CLAIMS
FOR INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT CAUSED BY OR RESULTING
FROM THE NEGLIGENCE OF SUCH PARTY.
Indemnity
You agree to indemnify, defend and hold R&D Systems, its directors, officers,
shareholders, employees, representatives and assigns (collectively, "Affiliates")
harmless from and against any and all costs, liabilities, losses, and expenses
(including, but not limited to, reasonable attorneys' fees) resulting
from any claim, suit, action, or proceeding brought by any third party against
R&D Systems or its Affiliates alleging or arising from or related to any
breach of these Terms & Conditions by you. This paragraph survives expiration
or termination of your account or these Terms & Conditions.
Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute
with R&D Systems or to products purchased from R&D Systems, is in the
state and federal courts in the State of Minnesota, U.S.A. You further agree
and consent to the exercise of personal jurisdiction in these courts in connection
with any dispute involving R&D Systems or its affiliates, employees, officers,
directors, agents and providers. Any claims relating to the information, services
or products available in this catalog will be governed by the laws of the State
of Minnesota, excluding the application of its conflicts of law rules. You
agree that any cause of action arising out of or relating to these Terms & Conditions
will be commenced by you within one (1) year after such cause of action arose.
Actions not commenced by you within one (1) year are permanently barred. This
paragraph survives expiration or termination of these Terms & Conditions.
Miscellaneous
If any provision of these Terms & Conditions is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent in such section. You may not
sell, assign, or otherwise transfer your account. R&D Systems may assign
or transfer its rights with regard to your account and these Terms & Conditions.
R&D Systems' failure to act with respect to any failure by you or
others to comply with these Terms & Conditions does not waive R&D Systems' right
to act with respect to subsequent or similar failures. These Terms & Conditions
set forth the entire understanding and agreement between you and R&D Systems
with respect to the subject matter hereof. This paragraph survives expiration
or termination of these Terms & Conditions.
Privacy Policy
The purpose of this Privacy Policy is to tell you what information we gather
on this Website and how we use that information. By using this Website you
accept the terms of this Privacy Policy, as well as the terms set forth in
our Terms and Conditions.
This Privacy policy applies to the website owned and operated by [R&D
Systems, Inc.][Techne Corporation] (referred to as "we," "us," the "Company" or
similar terms), with a homepage located at [www.rndsystems.com][www.techne-corp.com]
(the "Website"). This Privacy Policy does not apply to any other
other websites, and we make no representations as to the privacy practices
of other websites.
What Information do We Collect?
In order to process and track orders, update your account, respond to your
requests, operate our business, and maintain this Website and various features,
we collect a variety of information about Website visitors. This section describes
both the Non-Personal Information and Personal Information we collect.
Non-Personal Information.
Each time a computer
visits this Website we may collect certain information from that computer.
This information is automatically collected from the computer's web browser
and may include information such as the following ("Non-Personal Information"):
- the type of web browser software the computer uses (for example, Netscape Navigator or Internet Explorer)
- the name of the domain from which the computer accessed the Internet
- the Internet address of the website from which the computer linked directly to the Website
- the date and time the computer accessed the Website
Non-Personal Information does not tell us who you are.
Also, we may place a text file called a cookie in the browser files of computers
that visit this Website. Cookies are pieces of information issued by a website
that, among other things, allow your computer to utilize all the features on
this Website. If and when your computer accepts a cookie, the cookie may be
stored on the computer's hard drive. US Government Information Bulletin
(I-034) contains a good description of cookie technology at: http://www.ciac.org/ciac/bulletins/i-034.shtml
You are always free to decline our cookies if your browser permits, but some
parts of the Website may not work properly for you if you do so.
Personal Information. In the course of opening
or updating your account, placing an order, filling out a form on a page on
this website, or taking any similar action, you may provide us with information
such as your name, address, telephone number, purchase information and history,
email address, credit card number, or similar information ("Personal
Information"). The only way we get personal information is
if you choose to give it to us.
How do We Share and Use Information?
The ways we share, use, and protect information collected over this Website
depends upon the type of information involved.
Non-Personal Information. We may use non-personal
information to help us make the Website more useful to you and for other business
purposes. For example, we may tell business partners how many computers visited
this Website or what pages were most popular. We may prepare reports and other
materials using non-personal information. We may use Non-Personal Information
for any other purpose and may share Non-Personal Information with third parties.
Personal Information. If you submit personal information,
you agree that we may keep a record of the personal information. For example,
we may keep a record of your name, address, and credit card number in order
to receive payment for your orders and in order to ship the orders. We also
may use personal information to help us in our business, including but not
limited to improving this Website and marketing and product development, or
to contact you. You also agree that we may share personal information with
other businesses that help us operate our business, such as credit card companies
and shipping companies. If you complete the "Credit Reference" section
you agree that we may contact the references and share your Personal Information
with the references for the purpose of deciding whether to extend credit to
you or to do business with you. Also, we may share personal information with
other companies we do business with, such as business partners, affiliates,
or successors
We may share Personal Information if required to comply with a law, regulation,
court order, or other legal process. We may share Personal Information to protect
our rights or property.
Email and Link Information. Using
the email address you provide us, we may send you email newsletters or similar
documents from time to time. These emails may include technology that permits
us to track if and when an email has been opened, as well as whether the recipient
clicked on any particular link or advertisement contained in the email. This
information is tracked and used for statistical analysis, to generate sales
leads, and to help us operate our business. The information gathered from these
emails may result in a call or email from our sales staff to provide further
information on products that our emails have identified you as having an interest
in.
Opt-In for Advertising and Other Communications. You
agree that we, or the third parties who help us operate this Website and conduct
business, may contact you for advertising or any other purposes through any
and all contact information you provide to us, such as email, telephone, fax,
or mail.
California Residents only - Disclosures to Direct Marketing Entities.
This notice applies only to California residents and is
made pursuant to California Civil Code § 1798.83. As noted above, we may disclose
Personal Information about you, such as your email address, to third parties.
If we disclose personal information about you to a third party and the third
party will use that information for direct marketing purposes, you have the
right to contact us at info@rndsystems.com to request that we notify you as
to: (1) what categories of Personal Information we shared with the direct
marketer; and (2) the name of the direct marketing businesses with whom we
shared such information.
What Happens if the Privacy Policy Changes?
We may change this Privacy Policy at any time and for any reason. If we change
this Privacy Policy we will post the change on this section of the Website.
What About Privacy on Other Sites?
This Website may contain links to other websites. We provide these links
for your convenience, but we do not review, control, or monitor the privacy
practices of websites operated by others. We are not responsible for the performance
of these sites or for your business dealings with them. Your use of other websites
is subject to the terms and conditions of those websites, including the privacy
policies of those websites.
Are There Special Rules About Children's Privacy?
This Website is designed for an adult audience only, and anyone under 18
years old must not use this Website. We will not intentionally collect online
any personal information (such as a child's name or e-mail address) from
children under the age of 13. If you think that we have collected personal
information from a child under the age of 13, please contact us as described
below.
Security
Your information is stored on servers located in the United States. We and
our agents who help us with hosting and security use a number of procedural
and technical safeguards to protect your personal information against loss
or theft as well as unauthorized access and disclosure, including use of encryption, "firewalls" and
Secure Socket Layers. However, "perfect security" does not exist
on the Internet.
Effective Date
The Effective date of this Privacy Policy is June 20, 2005.
User Conduct
You agree to follow the conduct rules listed below. If you fail to follow
these conduct rules, R&D Systems may, in its sole discretion, terminate
or suspend your account without refund, in addition to pursuing any other legal
and equitable remedies including but not limited to money damages.
- You will not knowingly provide or post any false, misleading, or fraudulent
information.
- You will not use this Site or any products purchased from R&D Systems
for any illegal purpose.
- You will not hold yourself out as someone you are not or otherwise impersonate
any living person.
- You will not interfere or tamper with the functioning of this Site, nor
will you attempt to gain access to information or control of the Site not
specifically granted to you.
- You will not use this Site to transmit any virus or similar destructive
program or code.
Ownership and Use of Materials
The materials on this Site belong to R&D Systems or its third party licensors.
There are some important rules about using and copying these materials. R&D
Systems grants you a limited, revocable, license to download or print one copy
of the materials on this Site, but only for the purpose of ordering products
on the Site. When you download or print a copy of the materials on this Site,
you must also include all copyright and other notices that are in the materials,
including the copyright notice on the bottom of the page.
The materials on this Site are protected by United States and foreign copyright
laws. If you use the materials in a way that is not clearly allowed by these
Terms & Conditions and the license above, you are violating your contract
with us and may be violating copyright, trademark, and other laws. In that
case, R&D Systems automatically revokes your limited license to use the
materials and you must immediately destroy any copies you have made. Title
to the materials remains with R&D Systems or its third party licensors.
All rights not expressly granted are reserved.
Site Disclaimer and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, R&D SYSTEMS DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
THE SITE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS
TO THE SITE. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS
OUTSIDE THE CONTROL OF THE SITE OR R&D SYSTEMS.
UNDER NO CIRCUMSTANCES SHALL R&D SYSTEMS OR ANY OF ITS EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS
SITE.
Password and Account Security
If you have an account through the Site, you are responsible for (i) keeping
your account password confidential and secured, (ii) restricting access to
your computer and (iii) keeping the e-mail address associated with that account
current. You accept full responsibility for all activities that occur within
your Site account and/or using your password.
Links to Other Websites
This Site may contain links to websites operated by other parties. The linked
websites are not under the control of R&D Systems, and R&D Systems
is not responsible for the content available on any other websites linked from
this Site. The appearance of the links does not imply R&D Systems' endorsement
of the material on any other website and R&D Systems disclaims all liability
with regard to your access to or use of such linked websites.
Advertising
This Site may include advertisements for products or services offered by
other companies. R&D Systems may receive payment from these advertisers.
Although R&D Systems believes you may find the information offered by advertisers
to be helpful, R&D Systems does not endorse or guarantee any product or
service offered by advertisers.
Geographic Scope
The Site is operated by R&D Systems from its offices in Minnesota, U.S.A.
R&D Systems welcomes visitors from around the world. R&D Systems, however,
makes no representation or warranty that the contents of the Site are appropriate
or permitted by the laws and regulations of countries other than the U.S.A.
If you choose to access the Site from other countries you do so at your own
risk, and are responsible for compliance with applicable local laws.
Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute
with R&D Systems, or in any way relating to your use of this Site or to
products purchased from R&D Systems, is in the state and federal courts
in the State of Minnesota, U.S.A. You further agree and consent to the exercise
of personal jurisdiction in these courts in connection with any dispute involving
R&D Systems or its affiliates, employees, officers, directors, agents and
providers. Any claims relating to the information, services or products available
on this Site will be governed by the laws of the State of Minnesota, excluding
the application of its conflicts of law rules. You agree that any cause of
action arising out of or relating to these Terms & Conditions or your use
of the Site will be commenced by you within one (1) year after such cause of
action arose. Actions not commenced by you within one (1) year are permanently
barred. This paragraph survives expiration or termination of these Terms & Conditions.
Modification
R&D Systems reserves the right to make changes to the Site, including
these Terms and Conditions, at any time without notice.
Trademark Information
The following is a listing of trademarks used by R&D Systems, Inc. This
list is subject to change at any time. Registration applications for several
marks are pending and may become registered marks in the near future. Any rights
not expressly granted herein are reserved.
R&D Systems
DuoSet®
EvenCoat™
Fluorokine®
Quantikine IVD®
MagCellect™
MycoProbe®
NorthernLights™
Proteome Profiler™
QuantiGlo®
Quantikine®
R&D Systems®
StemXVivo™
Surveyor™
Tools for Cell Biology Research™
WesternGlo™
Amersham Biosciences
Cy™
BD Biosciences
BioPlex®
BioRad®
PerCP™
Luminex
Luminex®
Luminex 100™
Molecular Probes
Alexa Fluor®
FluoroNissl™
Rhodamine Red™
SYBR®
Texas Red®
Qiagen
LiquiChip®
Trevigen
Cultrex®
TACS-XL®
CardioTACS™
CometAssay™
Cytonin™
DePsipher™
DermaTACS™
Flare™
FlowTACS™
MidaScan™
NeuroTACS™
OligoTag™
REC™
TACS™
TACS-Blue™
TACS-Blue Label™
TACS-Nuclease™
TACS-Red Label™
TACS-Sapphire™
TiterTACS™
TumorTACS™
VasoTACS™
Contact Information
If you have any questions or comments regarding the Site, the products offered,
or R&D Systems, please contact us at:
R&D Systems
614 McKinley Place NE
Minneapolis, MN 55413
Tel: 1-800-343-7475
(612) 379-2956
Fax: (612) 379-6580
info@RnDSystems.com
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