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 through our website. You may also send an email to orders@monobind.com, fax us at 949.951.3539, or call us at 949.951.2665. Please be sure to send us a formal PO as our ISO requirements mandate. You may contact us for a PO template with all of our product numbers and descriptions. For full details, please see our Customer Order Instructions.

Order Acceptance

All orders are subject to Monobind review and approval before any shipment is made. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and accounting department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

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. Products are for professional use only according to IFU by skilled individuals or trained lab staff.

Pricing and Content Information

Monobind Inc. services many markets and customers, including end-users, distributors and other wholesalers worldwide while providing e-commerce applications. Pricing information presented online is valid for USA-based and other select international end-users wherein Monobind sells directly. If you have an account with Monobind, please login with your email address and password in order to see your applicable account pricing. The prices at the product level will change after login if your account has a different price list.

All sales are subject to Monobind review and approval, which will be considered against existing distribution agreements present in various worldwide territories. In the event that an item is listed at an incorrect price or you are ineligible to order such item(s), Monobind shall have the right, at Monobind’s sole discretion, to refuse or cancel any orders placed for that item. Any order placed online from a new customer is subject to Monobind’s approval, new account screening and application process. Until the new account process is complete, no order will be approved or shipped.

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 or email sales@monobind.com. Prices may also be set in our Distribution Agreements.

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.

Accepted Payment Methods

Monobind accepts payment via the following methods: bank transfer (wire), check, credit card, or PayPal. Customers are encouraged to use My Account to view any open invoices and make payments, as well as place new orders, and email any wire details to accounting@monobind.com to ensure proper credit. Balances can be seen in My Account including posted deposits and payments.

Shipping Policies

Monobind utilizes Federal Express, UPS, DHL as express shippers and MAP Cargo as a freight forwarder. However, Monobind can also ship via other air forwarders but it is the customers’ responsibility to ensure the shipper meets our transport conditions. 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.

Shipment & Storage Conditions

Immunoassay products may be transported at ambient temperature provided transit time less than five days and temperatures are less than 30ºC. For warmer climates or seasons (that is, greater than 30ºC) transport must be less than 2 days. Upon arrival, product(s) must be stored in refrigerated conditions (2ºC to 8ºC) at Customer’s warehouse or end-user site. See Kit Shipping and Storage. Additionally, further information is detailed in our Sales Agreements. Biomaterial products may have different requirements and will be discussed at time of sale with buyer.

Special Handling

Products requiring special packaging, such as dry ice, are subject to a handling charge.

Expiration Date

Monobind guarantees a minimum of 12-months shelf life from the date of shipment. Stability claims are found in the product Technical File, and Expiration dates are assigned by lot based on the included components as related to the manufacturing dates of available inventory.

Evaluation Samples

It is our policy to provide immunoassay kit samples to distributors for a nominal fee. Please request “Distributing Monobind” from the Monobind sales team by contacting sales@monobind.com. This document discusses the initial terms of business.

Returns

No returns are accepted without prior authorization from Monobind. Please contact customerservice@monobind.com to determine the eligibility of return and applicable restocking fees.

Assays

It is our policy to provide Technical Support for any Monobind AccuBind and AccuLite branded kits within their shelf life via our Assay Support page. Pending confirmation those kits were shipped and stored correctly (in compliance with our Policy), and any component(s) are found to be defective, Monobind will replace those component(s) or at its discretion issue a credit. No kit(s) or component(s) should be physically returned to Monobind without Monobind’s instruction or authorization.

Instruments

It is our policy to provide Technical Support for any Monobind branded or co-branded instruments sold by Monobind via our Instrument Support page. Monobind offers a one-year warranty from the invoice date and will determine if any component(s) may be defective and will replace those components. Customer or Distributor will be provided instructions on how to install the replacement part. No instrument or component(s) should be physically returned to Monobind without Monobind’s instruction or authorization.

Raw Materials

Raw Materials must be tested by Customer within 30 days and any Performance Issue — a deviation from the provided Monobind Certificate of Analysis criteria — must be reported to Monobind within those 30 days, and pending confirmation that reagents were shipped and stored correctly (in compliance with our Policy), Monobind will replace any component(s) found to be defective or at its discretion issue a credit. No material(s) should be physically returned to Monobind without Monobind’s instruction or authorization.

Export Policy

You acknowledge that goods purchased from Monobind, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from Monobind’s website or Monobind Trails’ website, you agree to abide by the applicable laws, rules and regulations — including, but not limited to the Export Administration Act — and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

Registration & Documentation

Monobind can provide you with original copies of our Manufacturing License, Free Sales Certificate, FDA Export Certificate or CE Declaration of Conformity. Monobind’s ISO 13485 Certificate is downloadable from the header 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. We also make many Certificates available from our Monobind Trails customer website to Monobind Distributors.

Product Certificates

At time of shipment, Monobind will email all Certificates of Analysis for your included product lots confirming that quality control standards were met. You may also access our online Search for COA to download any quality certificate by the product lot number. In the Customer Center you will also find all transactions including invoices which list product lots included with each sale.

Technical File

If you require detailed product information for internal or government purposes, Monobind provides key aspects of its Technical File on the Monobind Trails website.

Disclaimer

Monobind warrants (to the original purchaser only) that products conform 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 proven to be defective (conferred by Monobind QC) at any time during their shelf life, having been properly shipped and properly stored, 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 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, including buyer’s handling, storage, labeling, marketing, modification, or use of the products, including use inconsistent with Monobind’s instructions, limitations, or regulatory approvals.

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.

Modern Slavery Act Statement

Monobind adheres to section 54(1) of the Modern Slavery Act 2015 and the California Transparency in Supply Chains Act 2010. Read our Statement.

Anti-Bribery and Corruption Statement

Monobind is committed to conducting business ethically and places it as a core company value. This includes compliance with anti-bribery and anti-corruption (“ABC”) laws such as the USA’s Foreign Corrupt Practices Act (“FCPA”). Read our Statement.