Terms and Condition

GENERAL

This website is operated by Runtogen. Throughout the site, the terms “we”, “us” and “our” refer to Runtogen. Runtogen offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

These standard Terms and Conditions of Runtogen (“Terms and Conditions”) shall govern the sale and license to the original purchaser (“Buyer”) of products and related services (“Products”) from Runtogen, one of its subsidiaries or authorized sellers named on the invoice or acknowledgment. Any departure from these General Terms and Conditions must be agreed upon by us explicitly in writing and shall apply only to the relevant contract. These Terms and Conditions apply to the exclusion of any other terms which the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless otherwise agreed with Runtogen in writing. Runtogen may amend these Terms and Conditions from time to time by posting a new version on its website. The Terms and Conditions that will apply to Customer’s Order will be those in place at the time that the Order was submitted to Runtogen. Runtogen reserves the right to develop and change the Terms and Conditions. Nothing in these Terms and Conditions is intended to provide any rights to third parties to enforce any term.

PRICE AND TAX

For International Deliveries Prices exclude all insurance and duties, unless stated otherwise on the quotation or invoice. Prices do not include freight and packing, VAT (or other applicable sales tax) 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 dispatch. If prices change between the time of receipt of an Order and dispatch, Runtogen will contact Customer in advance.

INVOICING AND PAYMENT

Buyer will be invoiced at the time of shipment of each Product. Invoices should be paid no later than 30 days after the invoice date, and Customers must themselves pay any bank charges that are incurred in making the payment. Past due accounts may be charged up to 1.5% interest per month, or the maximum allowed by law, whichever is less. Further shipment of Products may be declined without advance notice if Buyer fails to make any payment when due, or if the financial condition of Buyer becomes unsatisfactory to Runtogen. Runtogen may elect to retain a security interest in all Products sold to Buyer to secure all of Buyer’s obligations to Runtogen under these Terms and Conditions, and Buyer will execute any documents necessary to create and perfect this interest.  Runtogen accepts credit card, cheque, bank and wire transfer as methods of payment, for further details please contact us by email or call us directly.

SHIPPING AND DELIVERY

Products will be packed in Runtogen’ standard shipping packages. Shipments are made in accordance with Runtogen’ standard commercial practices via a carrier selected by Runtogen, unless otherwise agreed in writing between the parties. Delivery dates set forth on a purchase order accepted by Runtogen are subject to change and are predicated on conditions existing at that time. Delivery times are approximate but Runtogen will use commercially reasonable efforts to complete delivery as set out on the Order acceptance confirmation. Risk in Product passes on delivery. Title to Product does not pass until the Product has been paid for in cleared funds. Packaging and Product should be inspected immediately upon receipt. Notification of damage, shortages or defects should be communicated to Runtogen immediately by e-mail or fax.

RETURN AND REPLACEMENT POLICY

For Products purchased directly from Runtogen and its authorized distributors if the Product does not perform as described on the datasheet associated with the Product, Customer must notify Runtogen. Any claims for damaged, missing or defective Product must be reported in writing to Runtogen by Buyer within three (3) business days from the date of receipt of Product. For any valid claim made, Runtogen shall replace the Product. Products may not be returned for credit except with Runtogen’ permission, and then only in strict compliance with Runtogen’ return shipment instructions. Certain items may not be returned for credit. These items include custom products or special orders; products missing spans, parts, or instruction manuals. All items must be returned in the same conditions as sent, in the original packages and have all original spans. A 10% restocking fee applies to all returns. Shipping and handling charges are not refunded. Buyer is responsible for return shipping charges.

PRODUCT USE LIMITATIONS

All products are For Research Use Only. Not for Diagnostic or Therapeutic Use. The burden for safe use and handling of Products is entirely the responsibility of Buyer and anyone who purchases goods from Buyer and uses them. Absence of hazardous warnings does not imply non-toxicity. All intellectual property rights relating to Products are solely and exclusively owned by Runtogen.

LIMITATION OF LIABILITY AND EXCLUSIONS

Immediately upon receipt of each shipment of the goods, Buyer shall inspect the same. Any claim for shortage, credit or return of goods must be made in writing within three (3) business days after Buyer’s receipt of such goods. All other claims for any cause whatsoever (whether such cause be based in contract, negligence, strict liability, other tort or otherwise) must be made in writing and received by Runtogen within fifteen (15) days after Buyer learns of the facts upon which such claim is based, but in no event later than sixty (60) days after Buyer’s receipt or non-receipt of the goods, in respect to which such claim is made. Failure of Runtogen to receive written notice of any such claim within the applicable time period shall be deemed an absolute and unconditional waiver by Buyer of such claim irrespective of whether the facts giving rise to such claim shall have then been discovered or of whether processing, further manufacture, other use or resale of the goods shall have then taken place.

BUYER’S EXCLUSIVE REMEDY SHALL BE FOR DAMAGES, AND RUNTOGEN’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING OUT OF ANY CAUSE WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH SUCH CAUSE ARISES OR, AT RUNTOGEN’S OPTION, THE REPAIR OR REPLACEMENT OF SUCH GOODS, AND IN NO EVENT SHALL RUNTOGEN BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY SUCH CAUSE.

Runtogen shall not be liable for, and Buyer assumes liability for, all personal injury and property damage connected with the handling, transportation, possession, processing, further manufacture, or other use or resale of the goods, whether the goods are used alone or in combination with any other material. The Products are not to be used in humans. In the absence of any express written Agreement to the contrary, Products sold by RUNTOGEN. are for research-use-only (RUO), for the exclusive use of the Buyer, and are not to be resold, for the exclusive use of the Buyer, and are not to be resold. Buyer must receive written authorization from Runtogen prior to returning any goods or receiving payment for return transportation charges for such goods. Goods returned due to Buyer order error are subject to a restocking charge equal to fifty percent (50%) of the list price of the returned goods, plus shipping charges. Custom, bulk and/or special orders are final and cannot be canceled or returned to Runtogen. Buyer shall not accept a damaged or short shipment until the delivery carrier has made a “damage” or “shortage” notation on Buyer’s copy and the carrier’s copy of the freight bill.

If Runtogen furnishes technical or other advice to Buyer, whether or not at Buyer’s request, with respect to processing, further manufacture, other use or resale of the goods, Runtogen shall not be liable for, and Buyer assumes all risk of, such advice and the results thereof.

UNFORESEEN EVENTS

Runtogen shall not be liable for delay or failure in performance of any obligations hereunder if performance is rendered impracticable by the occurrence of any condition beyond the reasonable control of Runtogen. In the event of any such delay or failure in performance, Runtogen shall have such additional time within which to perform its obligations hereunder as may reasonably be necessary under the circumstances.

SEVERABILITY

If any term, condition or provision of this contract or the application thereof is judicially determined to be invalid or unenforceable, the remainder of this contract and the application thereof shall not be affected thereby, and this contract shall otherwise remain in full force and effect.

JURISDICTION

The validity, interpretation and performance of this contract and any dispute connected herewith shall be governed and construed in accordance with the laws of the locality of the defendant. All disputes in connection with this Contract or the execution thereof shall be settled through amicable consultation between both Parties. In case no settlement can be reached through consultation, the dispute should be under the jurisdiction of the defendant’ court where the defendant is located.