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Terms & Conditions AdipoGen International

Adipogen International (AdipoGen) shall be entitled to amend at any time in its absolute discretion the terms and conditions by posting them on this website in amended form with a note of the date when such amendments shall take effect. Your continued use of the website after the date any amendments shall take effect shall be construed as your acceptance to such amendments.

Placing Orders – All orders are subject to availability. Prices of products do not include freight and packaging, VAT or import duties where these are applicable. 

Price and other information provided is subject to change without notice, and prices may be changed up to the time of delivery. While every effort is made to keep information provided by AdipoGen up to date, AdipoGen will not be liable to you or anyone else if errors should occur in information provided on this website.

The following information is required to process an order:

- A Purchase Order Number (unless paying by credit card);
- Name, phone number and email address or fax number of the purchasing officer and the complete shipping and invoicing address - so that we can confirm details of the order;
- Name, phone number and email address of the researcher - in case of query;
- VAT number if in the European Union. If not VAT registered or cannot provide a valid number we must charge the Swiss VAT rate on the order.

When your order is received AdipoGen will confirm receipt. Confirmation of receipt will include confirmation of (i) delivery costs, (ii) arrangements for delivery, and (iii) expected delivery time. However, formal acceptance of the order will only take place when the goods are dispatched. If prices should be changed between the time of receipt of an order and dispatch, AdipoGen will contact you in advance.

Payment – Terms are 30 days net, ex works. Customers must pay any bank charges that are incurred in making the payment by bank transfer. Full payment instructions are set out on the invoice. Shipping, packaging and insurance are to be paid by the customer. Risk in the products passes on dispatch. Property in the products does not pass until the product has been paid for in cleared funds.

Receipt of Products – Packaging and products should be inspected immediately upon receipt and must be stored immediately at the indicated long term storage temperature. Notification of damage, shortages or defects should be given immediately by e-mail or fax of latest within 10 days. 

Return & Replacement Policy – Quality is important to AdipoGen. Therefore if a product does not perform as described on the datasheet please notify us within 60 days of delivery and our Technical Support will examine details of your protocol to determine whether the problem is protocol related or product related:

- For protocol-related problems, our Technical Support will give you independent professional advice.
- For justified product-related problems, a replacement or refund will be offered.

If you do not provide details of your protocol or follow the recommendations of our experts, AdipoGen will unfortunately be unable to issue a replacement or refund. This offer is only valid for products purchased directly from AdipoGen and its authorized worldwide distributors.

If items are ordered incorrectly by the customer AdipoGen will consider taking them back, however this excludes products which have special shipping requirements including those shipped on dry ice. This will be subject to a case-by-case restocking charge on the items plus any shipping, handling and packaging costs.

In the unlikely event of receiving an incorrect item, please contact AdipoGen in the first instance and store the product as indicated on the CoA in the original packaging. Please do not attempt to return the item yourself. AdipoGen will get back to you as soon as possible to ensure you receive the correct item. All requests for returns must have prior authorization and must be shipped back to AdipoGen within 7 working days of receipt of the items. Items must be returned in the same or equivalent packaging (i.e. cold and insulated) as originally dispatched by AdipoGen.

Product use Limitations – All AdipoGen products are intended "FOR RESEARCH USE ONLY” and only “FOR DIAGNOSTICS” if marked as such. 

AdipoGen will not be liable for any professional advice it may offer in relation to the use of the products nor any claims or applications not listed in the literature or the misuse of products which will include using the products for diagnostic, therapeutic or in vivo use in human subjects. AdipoGen cannot provide a guarantee for all applications for which a specific reagent may be used. Further, information disclosed in AdipoGen product literature should not be considered as a recommendation to use its products in violation of any patents. AdipoGen shall not be liable for its failure to perform any of its obligations resulting from circumstances beyond its reasonable control. AdipoGen will notify its customers as soon as practically possible after it becomes aware of deficiencies in a product supplied. Any claim relating to products shall be limited to replacement or refund of original purchase price paid. AdipoGen will not be liable (under contract, by negligence or any other way) for any indirect or consequential loss or damage arising out of or in connection with the products or this Agreement and AdipoGen's total aggregate liability for any loss or damage in respect of the products or this Agreement will not exceed the amount paid for the products under this order. Except for the express warranties set out in these terms, all other warranties express or implied, statutory or otherwise are hereby excluded to the extent permissible by law.

General – All customers, including unauthorized distributors buying from AdipoGen with the purpose of reselling AdipoGen products, agree to comply with all laws and regulations controlling the export of commodities and technical data and that they will be solely responsible for any violation of such by their actions. In particular, it is understood and acknowledged that the transfer of certain commodities and technical data is subject to laws and regulations controlling the export. These laws and regulations, among other things, prohibit or require a license for the export of certain types of technical data to certain specified countries. Contracts and agreements with AdipoGen shall in all respects be governed by and interpreted in accordance with Swiss law.

Warranties – AdipoGen warrants that its products shall conform to the description of such products as provided to customers by AdipoGen through AdipoGen's catalog, analytical data or other literature. THIS WARRANTY IS EXCLUSIVE, AND ADIPOGEN MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. AdipoGen's warranties made in connection with this sale shall not be effective if AdipoGen has determined, in its sole discretion, that customer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions, if any, furnished by AdipoGen.

AdipoGen's sole and exclusive liability and customer's exclusive remedy with respect to products proved to AdipoGen's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in AdipoGen's sole discretion, upon the return of such products in accordance with AdipoGen's instructions. ADIPOGEN SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF ADIPOGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF CUSTOMER OR OTHER USE OR ANY LIABILITY OF CUSTOMER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS, OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY ADIPOGEN'S GROSS NEGLIGENCE. All claims must be brought within one (1) year of shipment, regardless of their nature.

Governing Law – All disputes as to the legality, interpretation, application, or performance of this order or any of its terms and conditions shall be governed by the laws of Switzerland at the place of Liestal/Switzerland.

Version 1/2011

Date: 01-Jan-2011