Terms and Conditions of Sale
Pricing and Payment Terms:
All prices are subject to change without notice. From 1st September 2020 all orders are subject to a Minimum Order Value of £500 excluding the cost of shipping. 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, Ubiquigent, Ltd. may without prejudice to any other lawful remedy defer further shipments and/or cancel any order. You shall be liable to Ubiquigent, Ltd. for all costs and fees, including attorneys’ fees, which Ubiquigent, Ltd. may reasonably incur in any actions to collect on your overdue account. Ubiquigent, Ltd. 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 Ubiquigent, Ltd.
Ubiquigent Ltd products are strictly intended for in-vitro research and investigational purposes only. Products are not intended to be used for human or drug use, for administration to animals except those designated as experimental animals, as in-vitro-diagnostics, in medical devices or in cosmetic products.
Inspection and Returns:
Upon your receipt of goods shipped hereunder, you shall inspect the goods and notify our Sales Support Department of any claims for shortages, defects or damages. If you fail to so notify us within five (5) days after you receive the goods, the goods shall conclusively be deemed to conform to these Terms and Conditions and to have been irrevocably accepted by you. Authorization for all product returns must be approved by our Sales Support Department and a return authorization number given to you prior to the return of goods. Items authorized for return must arrive at our facilities in a state satisfactory for resale to be eligible for product credit. A restocking charge of 25% shall be charged on returns that are not the result of any error or fault of ours. Shipping charges will not be credited. Goods may not be returned for credit after thirty (30) days after your receipt of the goods.
Credits and Refunds:
If an error by Ubiquigent, Ltd. results in shipment of an incorrect order, Ubiquigent, Ltd. 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 Ubiquigent, Ltd. within ten (10) days, you may obtain a Return Authorization and return the product(s) for Partial Credit.
At our discretion, we may issue a product credit or refund for the product value and shipping charges. No product credit shall be available for use if a past due balance is outstanding on the account. Any product credit not used within six months of the date of issue shall expire.
You are solely responsible for any applicable sales, use, or similar tax and agree to indemnify Ubiquigent, Ltd. for any such tax if not properly paid by you. Sales tax will be added when shipping to jurisdictions where Ubiquigent, Ltd. is responsible for collecting sales tax unless the receiving party has exempt information on file with Ubiquigent, Ltd. If you feel that your account is not set up properly please contact your sales representative.
Shipping and handling costs are not included in the price of the product, but will be 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. Ubiquigent, Ltd. 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 Ubiquigent, Ltd. 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.
In the absence of an express written agreement to the contrary, all products are sold by Ubiquigent, Ltd. for the exclusive use of the purchaser and are not to be resold.
We warrant to you, our direct customer, that our goods shall conform substantially to the description of such goods as provided in our catalogues and literature accompanying the goods until their respective expiration dates or, if no expiration date is provided, for six (6) months from the date of your receipt of such goods. THIS WARRANTY IS EXCLUSIVE, AND WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Our warranty shall not be effective if we determine, in our sole discretion, that you have altered or misused the goods or have failed to use or store them in accordance with instructions furnished by us. Our sole and exclusive liability and your exclusive remedy with respect to goods proved to our satisfaction (applying analytical methods reasonably selected by us) to be defective or nonconforming shall be the replacement of such goods free of charge, upon the return of such goods in accordance with our instructions, although at our discretion we may provide a credit or refund in accordance with the Returns Section above.
IN NO EVENT SHALL WE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
If we manufacture custom goods for you based on instructions, specifications, or other directions you provide to us, we shall not be liable for the lack of sufficiency, fitness for purpose or quality of the goods to the extent attributable to such instructions, specifications, or other directions. We shall not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise perform hereunder due to any cause beyond our reasonable control.
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 UBIQUIGENT, LTD., UBIQUIGENT, LTD.’S LIABILITY AND YOUR REMEDY ARE STRICTLY LIMITED TO THE PURCHASE PRICE OR REPLACEMENT, AT UBIQUIGENT, LTD.’S SOLE OPTION, OF THE PRODUCT SOLD. UNLESS OTHERWISE STATED, THE PRODUCTS IN THIS CATALOGUE 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.