Terms and Conditions

This website that you are visiting, http://www.celltechnology.com (the “Website”), is owned by Cell Technology, Inc. (the “Company”). These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Sales

  • The Company will sell and the person, firm, company or institution (“Buyer”) will purchase the products and services listed on Cell Technology’s current catalog and price list (“Products”) are subject to these terms and conditions.
  • All orders for Products are subject to availability.
  • Any error or omission in any quotation, catalog, sales literature, invoice or other document issued by the Company shall be subject to correction by the Company without liability to the Company.

Orders

  • Buyer shall be responsible to the Copmany for the accuracy of all orders. In the event of a discrepancy between a catalog number and its product description, the catalog number will be used to satisfy the order.
  • All Buyer’s orders are subject to the Company’s acceptance.
  • The Company reserves the right to make changes in the specification of Products ordered which do not materially affect quality or performance of the Products.

Price

  • Unless specifically agreed otherwise, the price for the Products will be that as shown in the Company’s current online catalog at the time of delivery.
  • The price is exclusive of Value Added Tax (VAT) and all other similar sales taxes, fees or charges, as applicable. If the Company is required to pay any such tax, fee or charge, Buyer shall reimburse the Company or, at the time of order, Buyer shall provide the Company with an exemption certificate acceptable to the relevant taxing authorities.
  • Unless specifically agreed otherwise, the Company reserves the right to charge delivery, packaging and/or handling charge on all orders.
    If Buyer is tax-exempt, Buyer shall provide to the Company a tax-exemption certificate from time to time upon request by the Company.

Payment

  • Payment terms are net 30 days from date of invoice.
  • The time for payment shall be of the essence for all orders for Products and Services. In the event of default in payment by a due date, the Company reserves the right, without prejudice to other rights, to: (i) charge interest at the Applicable Federal Rate +2% per annum as of the time of default and/or (ii) suspend further deliveries.
  • The Company reserves the right to withhold delivery of all Products until payment of all amounts owed in respect thereof is confirmed.
  • All amounts due are payable in invoiced currency (USD) unless otherwise agreed in writing.
  • All costs including legal expenses incurred by the Company in recovering overdue debts will be payable by Buyer.

Returns and Refunds:

  • Please call customer service before returning any products for refund, credit or replacement. NO returns will be accepted for opened materials. Prior authorization is required for all returns. Unopened product returns in conditon for sale may be subject to a restocking fee of up to 25%.

Shipping:

  • In the US and Canada orders received before 3:00 PM PST are normally shipped the same day. All orders are shipped via Federal Express unless otherwise requested. Orders have the option of shipping either Priority Overnight or Standard Overnight delivery. FedEx does not count Saturday or Sunday as business days. Shipping charges are prepaid F.O.B. Mountain View, CA and are added to the invoice. Foreign customers from countries that do not have a the Company’s preffered distributor may order directly from us. Upon receipt of a foreign order, we will issue a pro forma invoice that will include a charge for shipping and handling. We may require payment before product will be shipped. If you have a Federal Express account or other preferred courier, we prefer to bill shipping, duties and taxes to your account.

Conditions:

  • The product described in the datasheet is for laboratory research only. It must not be used on or in human subjects or for clinical diagnosis. Nothing disclosed in this literature is to be construed as a recommendation to use our products in violation of any patents. The Company is not responsible for patent infringements or other violations that occur with use of these products. The product descriptions are accurate to the best of our knowledge. Since research applications of the company’s products are subjected to variable influences beyond our control, the products are offered without performance warranty, expressed or implied. The Company will not be liable for any loss, damage, or expense that might result from the sale, storage, handling, use or inability to use these products. The Company guarantees that the product described in this datasheet is consistent in all respects with its written description contained therein. Changes in physical criteria of any product will be reflected in the current Datasheet for that product. If such changes are made, the Datasheet description will supersede that contained elsewhere.

Illegal or Abusive Usage is Strictly Prohibited:

  • You must not abuse, harass, threaten, impersonate or intimidate other users of our website. You may not use the Company’s Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. Should you be found to have engaged in illegal or abusive usage of our website, Company will suspend your account or usage as applicable.

Electronic Communication:

  • When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright:

  • All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on this site is the property of Company or its software suppliers and protected by United States and international copyright laws.

Trademarks:

  • http://www.celltechnology.com OR Cell Technology, Inc. and other Company graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company.

License and Site Access:

  • Company grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information including but not limited to images, text, page layout, or form of Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account:

  • If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Risk of Loss:

  • All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Applicable Law:

  • By visiting our website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Company.

Disputes:

  • Any dispute relating in any way to your visit to our website or to products or services sold or distributed by Company in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in the County of Santa Clara County in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM [COMPANY] ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.