TERMS AND CONDITIONS OF SALE


Acceptance: GlycoTech Corporation accepts Buyer's order expressly conditional on Buyer's assent to the terms and conditions herein contained, whether additional to or different from those in Buyer's purchase order or any other form or document heretofore or hereafter supplied by Buyer to GlycoTech Corporation. GlycoTech Corporation objects to any terms or conditions proposed by Buyer that are in addition to or different from those contained herein and hereby rejects any such Buyer proposal.

Prices: All prices are listed in U.S. dollars, sales and excise taxes excluded. Prices are subject to change without notification. Any price reduction prior to invoice date will be automatically applied to your invoice.

Payment Terms: Invoices are due net 30 days in U.S. dollars. Current product prices will be confirmed at the time your order is placed. In most cases, shipping, handling, and insurance are defrayed by a $10.00 per order service and handling fee, otherwise, excess shipping charges and any special packaging charges or insurance cost will be prepaid and added to the invoice. Payment is to be made by bank check in U.S. dollars and mailed to the address as listed on the invoice. Overdue invoices shall bear interest at the rate of eighteen percent (18%) per annum or the maximum interest rate permitted by law, whichever is less. Buyer agrees to pay all GlycoTech Corporation's costs of collection hereunder, including reasonable attorneys' fees.

Shipping: Shipments are made F.O.B. Rockville, MD, via carrier of our choice. GlycoTech Corporation will try to combine safety and economy to provide the quickest and most efficient method of transportation. Whenever possible, we will try to ship by the method you specify.

Partial Shipments: Every attempt will be made to fill all orders promptly, but delivery dates cannot be guaranteed. However, when compete orders cannot be shipped, partial shipments will be made at our discretion. If partial shipment is unacceptable, indication must be made at the time the order is placed. We reserve the right not to accept cancellation of orders.

Use of Our Products: GlycoTech Corporation products are furnished FOR LABORATORY USE ONLY; NOT FOR HUMANS. This means that our products may be used in laboratory research and experiments. Our products MAY NOT BE USED in drugs, cosmetics, agricultural or pesticidal products, food additives, or household chemicals. Buyer agrees to indemnify, defend, and hold GlycoTech Corporation harmless from and against any and all losses, damages, and expenses whatsoever or howsoever caused, arising from any use by Buyer of the product; and Buyer assumes all risk and liabilities resulting from the use of the products whether used singly or in combination with other products. We reserve the right to discontinue the offering of any item without notice.

Toxicity and Hazards: Each product offered by GlycoTech Corporation is intended for use by qualified professionals who are familiar with their potential hazards and trained in good laboratory procedures. Information pertaining to the potential hazards of our chemicals is provided on our labels and in our Material Safety Data Sheets, however, the absence of a warning must not be interpreted as indication of safety. We must emphasize that information is not available on the possible hazards of many compounds. The ultimate responsibility for the proper handling of any and all chemicals lies with the user. All goods sold by GlycoTech Corporation carry the condition that liability for any injury, loss, or damage whatsoever to persons or real property resulting from the handling or use of the goods lies with the user. Acceptance of our goods binds the Buyer to these terms.

Limited Warranties: GlycoTech Corporation warrants that its products shall conform to the description of such products as provided in our catalog. Buyer must determine the suitability of the product for its particular use. Should any product fail to conform to the forgoing warranty for reason other than through improper handling or use or combination with any other material, at GlycoTech Corporation's option, the product will be replaced free of charge or the purchase price for such defective product will be refunded. THIS WARRANTY IS EXCLUSIVE, AND SELLER MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS WARRANTY IS IN LIEU OF ALL OTHER OBLIGATIONS OR LIABILITIES OF GLYCOTECH CORPORATION. GLYCOTECH CORPORATION NEITHER ASSUMES ANY LIABILITY FOR, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY, CHANGE OR ASSUME FOR IT, ANY OTHER WARRANTY OR LIABILITY CONCERNING ITS PRODUCTS. IN NO EVENT SHALL GLYCOTECH CORPORATION BE RESPONSIBLE FOR AN AMOUNT IN EXCESS OF ITS ORIGINAL SELLING PRICE OF THE PRODUCT FOR ANY LOSS OR DAMAGE WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE ARISING OUT OF ANY FAILURE OF ANY PRODUCT OR THE BUYER'S USE THEREOF. GLYCOTECH CORPORATION MAKES NO REPRESENTATION OR WARRANTY THAT THE USE OF ANY OF ITS PRODUCTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT OF A THIRD PARTY. NO LICENSE OR IMMUNITY UNDER ANY PATENT IS GRANTED OR IS TO BE IMPLIED BY THE SALE OF ANY PRODUCT.

Return Policy: Products are sold F.O.B. shipping point, fully insured at the Buyer's expense. If a claim must be made for missing, incomplete, or damaged shipment or incorrectly ordered items, this must be reported to GlycoTech within three days after receipt of the order. ALL RETURNS MUST BE AUTHORIZED BY GLYCOTECH CORPORATION and the return to GlycoTech Corporation made within ten days. All goods must be accompanied by return goods authorization and/or return goods authorization number, which must be obtained from our Customer Service Department. Returns for incorrectly ordering are subject to a 25% restocking charge. Only unopened merchandise may be returned for credit or refund. Frozen items are not returnable, or refundable.

 

Requests for return of goods should include:

1. Your name, company or affiliation, and address.

2. Your telephone number

3. The GlycoTech Corporation invoice/packing list number

4. Your reason for requesting return.

Patent Disclaimer: THE RESPONSIBILITY OF ALL PATENT CONSIDERATIONS IN THE USE OF OUR PRODUCTS RESTS SOLELY WITH THE USER. SUGGESTIONS AND RECOMMENDATIONS FOR PRODUCT USE ARE NOT TO BE TAKEN AS A LICENSE TO OPERATE UNDER OR TO INFRINGE ANY PATENT. NOTHING DISCLOSED HEREIN IS TO BE CONSTRUED AS A RECOMMENDATION TO USE OUR PRODUCTS IN VIOLATION OF ANY PATENTS.

Miscellaneous: For additional terms and conditions of sale, you should review our invoices and packing slips. The laws of the State of Maryland shall govern the validity, interpretation, and enforcement hereof. Jurisdiction and venue of any claim or dispute hereunder shall lie exclusively in the federal and state courts sitting in Montgomery County, Maryland. GlycoTech Corporation's waiver of any terms or conditions herein state shall not be construed to be a waiver of any other term or condition hereof, nor shall such waiver be deemed a waiver of any conditions in any subsequent order. The terms and conditions of sale stated herein and in the related invoice and packing slip constitute the entire agreement of the parties and may only be amended or modified in a writing signed by the party to be bound.


Copyright 1996-99 by GlycoTech Corporation. All rights reserved.