1. General Conditions
All ConnStem, Inc. products are sold for research use only, except as expressly stated otherwise. 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 ConnStem, Inc. 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 ConnStem, Inc. products.
ConnStem, Inc. reserves the right to discontinue sales of any products or to change product descriptions and/or specifications at any time without prior notification. Furthermore, ConnStem, Inc. 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 ConnStem,Inc. without ConnStems prior written consent.
ConnStem, Inc. 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 and way of dispatch are chosen by ConnStem, Inc., unless expressly agreed otherwise in writing. Risk of loss on all products shipped by ConnStem, Inc. shall pass to purchasers upon transfer of those products to carrier. ConnStem, Inc. 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. Products purchased from ConnStem, Inc. 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 ConnStem, Inc.. ConnStem, Inc. reserves the right to perform subsequent deliveries only against cash on delivery or advance payment.
4. Sales Tax
Purchaser is solely responsible for any applicable sales, use, or similar tax and agrees to indemnify ConnStem, Inc. for any such tax if not properly paid. Sales tax will be added when shipping to jurisdictions where ConnStem Inc. is responsible for collecting sales tax unless the receiving party has exempt information on file with ConnStem, Inc.
5. Return Policy
No returns can be accepted without prior approval by ConnStem, Inc. and a return authorization number 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 ConnStem, Inc. 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 ConnStem, Inc. or any 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 ConnStem, Inc. 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
ConnStem, Inc. 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 ConnStem, Inc. employees or to any product that has been handled in a manner contrary to instructions included in product inserts and/or product labels. ConnStem, Inc.is not responsible for patent infringement of other violations that may occur with the use of ConnStem, Inc. products. ConnStem, Inc. 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 ConnStem, Inc. products or up to a one-hundred percent (100 %) refund of the price of the product, at the sole option of ConnStem, Inc.
The warranty period expires on the expiry date of the product. If ConnStem, Inc. 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.
ConnStem, Inc. 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 ConnStem, Inc. 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 ConnStem, Inc. including any losses resulting from your general or particular requirements, whether or not ConnStem, Inc. had reason to know of such requirements, and whether or not such losses could have been reasonably prevented. In no event shall ConnStem, Inc.'s liability exceed 100% of the purchase price of the non-conforming goods or services giving rise to any claim.