Acceptance of Terms of Purchase.
1.2. Definition and Applicability.
Purchase of Products.
All products or incidental services offered by IROA Technologies, LLC, including without limitation, biochemical quantitation kits, product reagents, and/or Software (as defined below) (collectively, the “Product” or “Products”) are available for purchase, subject at all times to availability and to your agreement to the Terms of Purchase. You agree to provide us with all information as may be required to complete an order and pay for the Product(s). Prices and specifications are subject to change without notice and Customer should therefore check prices and specifications before each purchase. Products ordered that are not in stock shall be placed on back order and shipped once the Product is in stock. Cancellation of a back order must be done prior to shipping.
Ways to Order.
Returns and Replacement of Products.
Reagents and Limited Warranty.
IROA Technologies warrants that the reagents in each Kit or Library (the “Product Reagents”) will meet the specifications stated on the Product Information sheet for that Product at the time of the order, and the Customer agrees to these specifications and accepts the following conditions.
Proprietary ClusterFinder™ Software License and Warranties
Technical Assistance and WARRANTY DISCLAIMER.
At Customer’s request, IROA Technologies may, at IROA Technologies’ discretion, furnish technical assistance and information with respect to IROA Technologies’ Products and Software. Any information, including technical assistance or suggestions, provided by IROA Technologies regarding use or choice of a Product or Software and/or suitability for application shall not be construed as an express warranty unless otherwise specially designated in writing by IROA Technologies herein. IROA TECHNOLOGIES, LLC HEREBY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL WARRANTIES WITH RESPECT TO ANY TECHNICAL ASSISTANCE OR OTHER INFORMATION PROVIDED BY IROA TECHNOLOGIES OR ITS AGENTS, CONSULTANTS, OR ASSOCIATES, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.Indemnification.
Customer agrees to defend, indemnify, and hold harmless IROA Technologies and its owners, principals, employees, agents, successors, officers, directors, attorneys, affiliates, licensors, licensees, and assigns, from and against any suits, losses, claims, demands, liabilities, costs and expenses (including arbitration and/or court costs, and attorney and accounting fees) that IROA Technologies may sustain or incur as a result of any claim against IROA Technologies, including any claim based upon negligence, breach of warranty, tort (including strict liability), contract, or any other theory of law brought by any third parties or by Customer’s officers, agents, employees, successors, assigns, or its customers, arising out of, directly or indirectly, the use of IROA Technologies’ Products acquired by the Customer, or by reason of Customer’s failure to abide by the Terms of Purchase or perform its obligations contained herein and/or provided in the Product Use Limitations (provide link), even if IROA Technologies had notice of damages.
IROA TECHNOLOGIES’ MAXIMUM AGGREGATE LIABILITY ARISING OUT OR IN CONNECTION WITH ANY PRODUCT (INCLUDING PRODUCT REAGENT OR SOFTWARE) OR SERVICES IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PRODUCT OR SERVICES PURCHASED. Delivery dates and times are estimates only and IROA Technologies’ is not liable (in contract, delict, tort or otherwise) for any losses, expenses, claims or damages caused by a late or failure of delivery.
IROA Technologies shall be not liable for failing to perform its obligations hereunder because of circumstances beyond the control of IROA Technologies. Such circumstances shall include (without limitation), any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, labor disputes, power failure, delays in transportation or deliveries of supplies or materials (including the Products), acts of God, computer failure, software or equipment failure, failure of Customer to cooperate with the reasonable requests of IROA Technologies, breach of the Terms of Purchase by Customer, or any events reasonably beyond the control of IROA Technologies.