User accounts for the Online Store are granted at the sole discretion of Applikon Biotechnology, Inc. We reserve the right to deny account creation requests, and we reserve the right to close any web store account. Customers will always be able to work with our Sales Department, which can be reached by phone or via www.applikonbio.com/contact.
Cost of Installation
The price quoted herein does not include installation, routine maintenance and/or training of operators for the equipment offered unless otherwise specifically provided in this agreement. A separate agreement can be negotiated for the installation, start-up of equipment and training of engineers and operators. During installation the facilities must be free of contamination and obstacles. Utilities and services must be present and installed. Designated personnel of the end user must be available for training and service instructions.
Applikon shall hold Offeree harmless against any claim that the equipment sold herein infringes a United States apparatus patent.
Warranty, Exchange, and Return
Applikon warrants the equipment as follows:
The equipment shall be delivered free of the rightful claim of any third party. In the event of a defect in material or workmanship, or malfunction, Applikon shall, at the option of Applikon, repair, replace, or accept return of the equipment for a refund of the purchase price reduced by a reconditioning charge not to exceed 25 percent of the original purchase price of the equipment found to be defective. This warranty is subject to and is expressly conditioned upon Applikon Inc. receiving written notice of the alleged defect within one year of the date of shipment and, if Applikon notifies Offeree that it is electing to accept return of the equipment, Offeree shall ship the equipment, freight prepaid, to Applikon within thirty days of such notification.Applikon does not warrant, and shall have no responsibility for damage caused by ordinary wear and tear, erosion, corrosion, unintended use, misuse, abuse or improper handling, operation or storage by the Offeree or a third party; inability of Applikon or its subcontractors to make timely delivery on account of acts by God, labor troubles, intervention of any civil or military authority, or any cause reasonably beyond its control. Equipment, parts and accessories manufactured by others carry the guarantee of the manufacturer only. Any warranty or claims which differ from the foregoing are unauthorized by Applikon and become the warranty solely of the party making them, unless specifically authorized in writing by an officer of Applikon; Applikon shall not be responsible for any indirect, special or consequential damages, nor for any other claim arising out of the sale or use of its equipment. Applikon shall not be called upon to make any allowance for material, labor, repairs or alterations made for its account by Offeree unless prior written authorization has been obtained from Applikon. The Offeree's sole remedy shall be as stated above.THE EQUIPMENT SOLD HEREUNDER IS AS STATED IN THIS OFFER AND APPLIKON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY OR OTHERWISE, OTHER THAN THOSE CONTAINED IN THIS OFFER.
The Agreement formed upon acceptance of this Offer can be modified or rescinded only in writing when signed by both parties or their duly authorized agents. No claim arising out of a breach of the Agreement formed upon acceptance of this Offer can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in writing signed by the aggrieved party.
Applikon's Indemnification. Applikon shall indemnify, defend and hold you harmless against any claims brought against you to the extent Applikon infringed any trademark, copyright or patent in the United States or misappropriated any trade secret of a third party.Client's Indemnification. Subject to the preceding paragraph, you agree to indemnify, defend and hold Applikon harmless against any claims brought against Applikon to the extent those claims are based upon allegations that you (a) infringed intellectual property rights or (b) breached your agreement (if any) with any customer purchasing or licensing your goods or services. Conditions to Indemnification. The foregoing obligations are conditioned upon: (a) prompt written notice by the indemnified party to the indemnifying party of any claim, action or demand for which indemnity is claimed; (b) complete control of the defense and settlement thereof by the indemnifying party, provided that no settlement of an indemnified claim shall be made without the consent of the indemnified party, such consent not to be unreasonably withheld or delayed; and (c) reasonable cooperation by the indemnified party in the defense as the indemnifying party may request. The indemnified party shall have the right to participate in the defense against the indemnified claims with counsel of its choice at its own expense.Definition of "Claims." For purposes of Section 24, "Claims" means losses, actions, liabilities, damages, expenses and reasonable attorneys' fees and court costs.
Attorney's Fees and Venue
If any legal action is necessary to enforce the terms of the Agreement formed upon acceptance of this Offer, the prevailing party shall be entitled to reasonable attorney's fees in addition to any other relief to which he may be entitled. Offeree agrees that Applikon may bring such legal action in any court in San Mateo County and that Offeree will not seek to change venue from such court.
These online Terms of Sale are considered accepted upon confirmation of acceptance during the online checkout process.
These online Terms of Sale can be modified by Applikon Biotechnology Inc. at any time and without notification. It is the Offeree's responsibility to review and accept these Terms with each online transaction. These Terms were last modified on 20 November 2013.