Acceptance
All sales are subject to and expressly conditioned upon these Terms and Conditions of Sale set forth herein and upon buyer’s consent to same. No variation of these Terms and Conditions of Sale shall be binding on seller unless agreed to in writing and signed by an officer or other authorized representative of seller.
Orders
We accept orders online. You may also send an email to orders@monobind. com, fax us at 949.951.3539, or call us at 949.951.2665.
Condition of Sales
Under the U.S. Food and Drug Administration (FDA), several of the products available for purchase from Monobind are available for research uses only. The Code of Federal Regulations, Title 21, Sections 312.9 and 809.10 explicitly state that such research products are for investigational use in laboratory research animals or in vitro research only. All Monobind products are for research or manufacturing use only unless they are specifically labeled for in vitro diagnostic use. Products should not be used for human therapeutics.
Pricing Agreements
Monobind provides quotations in USA dollars with a validity of 30 days, but quotes may be subject to change at any time by Monobind without prior notice. To receive a quote, please visit our new customers area.
Payment and Credit Terms
Monobind requires new customers prepay their initial orders. Based on products ordered and other factors, Monobind may, at its discretion, establish credit and payment terms, which are typically net 30 days.
Shipping Policies
Monobind utilizes Federal Express, DHL, UPS and Kamino as its freight forwarder. However, if necessary, we can ship via other air forwarders. All shipments are sent freight collect, unless otherwise arranged, or the order is prepaid and inclusive of freight charges. Manufacturer agrees to properly pack all items for shipment. Risk of loss due to damage or destruction of products shall be borne by buyer after delivery to the carrier for shipment. All orders are subject to acceptance by buyer.
Evaluation Samples
It is our policy to provide samples to distributors only for a nominal fee. Please request “Distributing Monobind” from Monobind sales team by contacting sales@monobind.com. This document discusses the initial terms of business.
Special Handling
Products requiring special packaging, such as dry ice, are subject to a handling charge.
Returns
No returns are accepted without prior authorization from Monobind. Please contact customerservice@monobind.com to determine eligibility of return and applicable restocking fees.
International Export
Monobind can provide you with original copies of our FDA Export Certificate or CE Declaration of Conformity. ISO and DHS certificates may be downloaded in the Support area of our website. Should the government(s) in your market(s) require additional approvals, we are happy to work with you and/or their import agencies.
Product Certificates
If requested, Monobind can include Certificates of Analysis with your products confirming that quality control standards were met for every lot number produced at our facility.
Design Output
If you require detailed product information for internal or government purposes, Monobind can provide a design output for each immunoassay to describe the product’s design, packaging and appearance, performance, and active ingredients.
Disclaimer
Monobind warrants (to the original purchaser only) that products confirm to the specifications as described at the time of the shipment. Buyer acknowledges and agrees that, in the event that any of Monobind’s products are discovered to be defective at any time during their shelf life, buyer’s sole remedy is either the replacement of the defective product or the issuance of a financial credit representing the purchase cost. Buyer agrees that in no event or under any circumstances shall Monobind be liable for any actual, consequential, punitive damages, personal injury, loss of business, profit, or any other damages whatsoever other than the value of replacement cost of the defective product. Monobind makes no other warranty, express or implied.
Indemnification
Buyer agrees to indemnify and hold harmless Monobind and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including without limitation, attorneys’ fees as provided in this agreement, arising out of the willful misconduct, negligent or intentional misrepresentation, negligence, errors or omissions, breach of contract or other conduct of buyer or its employees, agents, representatives or any person acting on behalf of buyer which arises out of any representation, warranty, or contract made by buyer or its representatives with respect to Monobind’s products.
Choice of Law and Venue
To the extent they are not pre-empted by federal law, these Terms and Conditions of Sale are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions of Sale submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions of Sale, the prevailing party shall be entitled to costs and attorney fees. In the event that any of the Terms and Conditions of Sale are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Headings
The section titles, captions, and headings contained in the instant Terms and Conditions of Sale are inserted only as a matter of convenience and for reference, and shall in no way be construed to define, limit, or extend the scope of these Terms and Conditions or the intent of any of its provisions.
Interpretation
These Terms and Conditions of Sale shall be construed according to their fair meaning and not strictly for or against buyer or seller.
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