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Terms and Conditions of Sale

MyBio Ltd. Terms and Conditions of Sale (“Terms”)


These Terms will apply to any contract between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from MyBio.

 

  1. Basis of Sale
    1. MyBio Ltd. ("MyBio") will sell and the person, firm, company or institution placing any order ("Buyer") will purchase the goods listed on MyBio's current product and price list ("Products") subject to these Terms.
    2. No quotation given by MyBio shall constitute an offer to supply the Products. An order placed by Buyer, whether or not in response to a quotation, shall constitute an offer to purchase made to MyBio subject to these Terms. No terms or conditions put forward or implied by Buyer, in the order, correspondence or elsewhere shall be binding on MyBio and such conditions or stipulations are hereby excluded and extinguished.
    3. Any error or omission in any quotation, catalogue, sales literature, invoice or other document issued by MyBio shall be subject to correction by MyBio without liability to Buyer.
  2. Orders
    1. Buyer shall be responsible to MyBio for the accuracy of all orders. In the event of a discrepancy between a catalogue number and its product description, the catalogue number will be used to satisfy the order.
    2. Buyer shall be responsible to MyBio for all confirmation orders to be clearly marked "CONFIRMATION" to avoid duplication of an order.
    3. All Buyer's orders are subject to MyBio's acceptance. All contracts for Products are subject to availability.
    4. MyBio reserves the right to make changes in the specification of Products ordered which do not materially affect quality or performance of the Products.
  3. Price
    1. Unless specifically agreed otherwise, the price for the Products will be that as shown in MyBio's current online catalogue at the time of delivery, plus costs of delivery (please see Delivery/Shipment section of MyBio website).
    2. The price is exclusive of Value Added Tax (VAT) and all other similar sales taxes, fees or charges, as applicable. If MyBio is required to pay any such tax, fee or charge, Buyer shall reimburse MyBio or, at the time of order, Buyer shall provide MyBio with an exemption certificate acceptable to the relevant taxing authorities.
    3. MyBio reserves the right to charge a fuel surcharge, delivery, packaging and/or handling charge on all orders, and re-delivery charges if there is no one to accept delivery of Products at Buyer’s premises. MyBio may also charge Buyer additional costs for carriage and packing on an individual basis for any special delivery arrangements requested by Buyer.
    4. If Buyer is tax-exempt, Buyer shall provide to MyBio a tax-exemption certificate from time to time upon request by MyBio.
  4. Payment
    1. Payment terms are net 30 days from date of invoice. No offsets, settlement discounts or other deductions of any kind may be made against amounts due.
    2. The time for payment shall be of the essence for all contracts for Products. In the event of default in payment by a due date, MyBio reserves the right, without prejudice to other rights, to: (i) charge interest rate specified in the Late Payments in Commercial Transactions Regulations 2012 (SI 580 of 2012, or any replacement thereof) and/or (ii) suspend further deliveries.
    3. MyBio reserves the right to withhold delivery of all Products until payment of all amounts owed in respect of the Products and any other sums due to MyBio is discharged.
    4. All amounts due are payable in invoiced currency unless otherwise agreed in writing.
    5. All costs including legal expenses incurred by MyBio in recovering overdue debts will be payable by Buyer.
  5. Delivery and Return
    1. MyBio reserves the right to make delivery in instalments.
    2. While MyBio will endeavour to deliver the Products by any date agreed upon, time shall not be of the essence for delivery, and any such date or period is approximate and given for guidance only. MyBio will not be liable for any delays in the supply and/or delivery or failure to deliver by such a date or within such a period or any losses whatsoever due to such delays howsoever caused.
    3. Unless agreed to otherwise by MyBio in writing, the risk in Products shall pass to Buyer at the time of dispatch from MyBio or MyBio’s suppliers’ premises (if dispatched direct from MyBio’s suppliers to Buyer). If Buyer so requests, MyBio will arrange to insure the Products in transit at Buyer’s expense and on its behalf for the value of the purchase price against all risks, from departure from MyBio’s (or MyBio’s supplier’s) premises until delivery to Buyer, and the insurance charges will be included in the invoice to Buyer for the Products. Buyer’s only remedy in the event of non-delivery or damage or deterioration during delivery shall in those circumstances be against the insurance company, whose name address and terms of insurance will upon request be supplied to Buyer by MyBio, and against whom such claim should be made by Buyer as expeditiously as possible.
    4. Buyer acknowledges that the Products may be subject to US export control laws and regulations, with which Buyer will comply as applicable.
    5. If the Products do not conform to Buyer’s order, if they are damaged or fault or otherwise defective Buyer must notify MyBio promptly after receipt of delivery. Should a short delivery (of less than the full quantity of Products ordered) have been made, Buyer must notify MyBio promptly on discovery of the short delivery and MyBio will resolve the shortage.
    6. Where it would have been apparent on a reasonable inspection that the Products do not conform to the order and these Terms and Buyer fails to give MyBio notice of this within a reasonable time Buyer will be deemed to have accepted the Products and have waived any right to reject the Products.
    7. Products supplied will not be accepted for return unless returned in accordance with an authorisation issued by MyBio, and in the original packaging and in saleable condition.
  6. Warranties and Liabilities
    1. Each Product is warranted to correspond with its specification (as contained in the materials sent with the Product, or if no such materials are so provided, the specifications for such Product posted on MyBio's online catalogue) at the time of delivery and to be free from material defects.
    2. The warranties in these Terms are in lieu of all other warranties, express or implied, including, without limitation, any warranties of merchantability, non-infringement or fitness for a particular purpose, said warranties being expressly excluded to the fullest extent permitted by law. Warranty as to title in section 12(1) of the Sale of Goods Act 1893 is not excluded.
    3. Buyer agrees that its sole and exclusive remedy against MyBio shall be limited to the repair and replacement of Products or parts of Products, provided MyBio is promptly notified in writing of the defect, and at the latest within 3 months from the date of delivery of the relevant Product. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as MyBio is willing and able to repair or replace the Products or parts of Products; and in any event, MyBio's liability for any loss or damages suffered by Buyer shall be limited to the purchase price of the Products. This paragraph states Buyer’s sole and exclusive remedy for breach of warranty.
    4. Applications mentioned in MyBio's literature are provided for informational purposes only. MyBio does not warrant that all or any applications have been tested in MyBio laboratories using Products.
    5. The statute of limitations applicable to all claims arising under these Terms shall be one (1) year from the date the claim accrues.
    6. The maximum liability, if any, of MyBio for all direct damages, including, without limitation, contract damages and damages for injuries to persons or property, whether arising from MyBio’s breach of these Terms, breach of warranty, negligence, strict liability, or other tort with respect to the Products, or any services in connection with the Products, is limited to an amount not to exceed the price of the Products. In no event shall MyBio be liable to Buyer for any incidental, consequential or special damages, including, without limitation, lost revenues and profits, even if it has been advised of the possibility of such damages. The right to recover damages within the limitations specified is Buyer’s exclusive alternative remedy in the event that any other contractual remedy fails of its essential purpose.
    7. Where in these Terms MyBio excludes or limits its liability in respect of any loss or damage, MyBio does not intend or purport thereby to exclude or limit liability for death or personal injury resulting whether wholly or in part from MyBio’s own negligence or that of its employees or agents where MyBio is not permitted by law to exclude such liability.
  7. Hazards,Toxicity and Buyer Indemnity
    1. All Products offered by MyBio are intended for use by qualified professionals who are trained in good laboratory procedures and are familiar with their potential hazards.
    2. The Products contain chemicals which may be harmful if misused. Due care should be exercised with all Products to prevent direct human contact.
    3. Subject to sub-clause below,
      Buyer shall at all times keep MyBio its employees and agents effectively indemnified against all actions, proceedings, costs, charges, claims, expenses and demands whatsoever which may be made or brought against MyBio its employees or agents by any third party in respect of any alleged injury, loss, damage or expense arising out of, or in connection with, the Products or their use or misuse by Buyer or its employees or agents.
    4. Where actions, proceedings, costs, charges, claims, expenses and demands such as are referred to in sub-clause
    5. above are in respect of death or personal injury caused wholly or in part by the negligence of MyBio its employees or agents, neither MyBio nor its employees or agents shall claim indemnity from Buyer in respect of such proportion of such actions, proceedings, costs charges, claims expenses or demands as shall be found to be due to Buyer’s own negligence.
  8. Product Use Limitations; Trade Marks, Service Marks and Patents
    1. The purchase of a Product only conveys to Buyer the non-transferable right to use the Product purchased in compliance with the applicable intended use statement, limited use statement or Limited Use Label Licenses (LULL) if any, in MyBio's catalogues, on its website (see http://www.mybio.ie) or on the label or associated documentation. Unless agreed to by MyBio in writing, Buyer receives no right to resell the Product purchased hereunder.
    2. Please see Technical and Legal References section of the current MyBio catalogue or its suppliers’ Patent and Trade Mark pages for other applicable acknowledgements, disclaimers, trade marks, service marks and patent information. 8.3 Product claims are subject to change. Please contact MyBio Customer Support or access the MyBio online catalogue for the most up-to-date information on the Products.
    3. Products labelled "For Laboratory Use" are intended For Research Use Only outside the United States.
  9. Data Protection
    1. By placing an order, Buyer hereby consents to MyBio using any personal details (including of its employees) for the purpose of supplying Products, including passing personal details to MyBio’s employees, agents and any delivery agent. MyBio may share Buyer (and its employees) information with its suppliers for purposes connected to or relating to the fulfilment of Buyer’s order and for internal accounting and compliance purposes. MyBio may also process information to provide Buyer with information about MyBio Products, however MyBio will not use personal data for any other purpose unless permitted to do so by applicable law.
  10. General
    1. Headings are for reference only and shall not affect interpretation.
    2. Notices shall be served by post on the registered offices of the parties or principal place of business.
    3. No waiver of a breach of contract by MyBio shall operate as a waiver of any other or subsequent breach.
    4. If any provision of these conditions is held invalid or unenforceable in whole or part, the validity or enforceability of the other provisions shall not be affected.
    5. The Terms and the order constitute the whole agreement between MyBio and Buyer supersedes all previous agreements between the parties relating to its subject matter Buyer acknowledges that, in entering into an agreement for the purchase of Products, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out or specifically referenced in these Terms. 10.6 In the event of any litigation between the parties hereto concerning any matters related to these Terms, the parties agree that the only forum in which such litigation may be filed and adjudicated is in the Courts of Ireland. In the event of any litigation between the parties hereto concerning any matters related to these Terms, the parties agree that the substantive and procedural laws of the Ireland shall apply without regard to Ireland’s choice of law provisions.
    6. MyBio may amend these Terms from time to time by posting amended or replacement Terms on the website (or otherwise notifying any such Terms to Buyer). Buyer should check the Terms prior to placing any order to ensure Buyer is aware of the then current Terms which will apply to that order.

Next-Day Delivery

We partner with our suppliers to expedite the shipment of your order. Where possible we will offer next day delivery. 

Innovative Approach

Our award winning, innovative service and fresh approach to the industry has a direct and positive impact on you.

Experienced Experts

Our team of highly qualified application scientists can provide you with ongoing support as and when needed.