ALMAC SCIENCES LIMITED - Terms & Conditions of Sale

This page provides the terms and conditions (“Terms and Conditions”) on which we supply any of the products (the “Products”) listed on our website www.almacgroup.com. Potential customers should read these Terms and Conditions carefully before ordering any Products. By ordering any of our Products, customers agree to be bound by these Terms and Conditions.

  1. These Terms and Conditions shall apply exclusively to any contract between Almac Sciences Limited (“Almac”) and a customer of Almac (the “Buyer”) relating to all sales of Almac’s products (the “Products”) and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by a Director of Almac.
  2. After placing an order, the Buyer will receive an email from Almac acknowledging that Almac has received the order. This acknowledgement does not mean that the order has been accepted, as all orders are subject to acceptance by Almac. Almac will confirm such acceptance to the Buyer by sending a further email (the “Order Confirmation”). The contract between Almac and Buyer shall only be formed when Almac sends the Order Confirmation.
  3. Once the Order Confirmation has been sent to the Buyer, the order may be changed or amended only by a written agreement signed by both Buyer and Almac. Buyer may not cancel the order unless such cancellation is expressly agreed to in writing by Almac.
  4. Orders shall be delivered EXW (Incoterms 2010) Almac’s facility. Buyer agrees that it shall bear all risk of loss or damage of the Products during transit. Except as expressly agreed by the parties in writing, any indicated time of delivery shall be a good faith estimate only.
  5. Buyer must provide Almac with written notice of any defect or damage to the Products within five (5) days of receipt of the Products and, if requested to do so, the Buyer shall return the Products to Almac in accordance with Almac’s instructions to enable Almac to examine the Products.
  6. Almac’s sole and exclusive liability and Buyer’s sole and exclusive remedy in relation to Products agreed by Almac to be defective or damaged shall be replacement of such Products or refund of the purchase price, at Almac's sole discretion.
  7. Almac shall not be liable to the Buyer by reason of any delay in or failure to deliver or otherwise perform any of Almac’s obligations hereunder, if the delay or failure was due to any cause beyond Almac’s reasonable control.
  8. The price of any Products shall be as quoted on Almac’s website from time to time. The price shall be exclusive of any value added tax, any other duties or taxes and any shipping and handling charges.
  9. Payment options will be as detailed on Almac’s website. If the Buyer opts to use the instant payment method (Paypal) the Products will be shipped following receipt by Almac of payment in full in respect of the Products. If the Buyer opts to use the invoice method, Almac may ship the Products prior to receipt of payment from the Buyer. For the avoidance of doubt, title of the Products will remain with Almac until such times as Almac has received payment in full in respect of the Products and all other sums which are or which become due to Almac from the Buyer relating to the Products.
  10. In the event that the Buyer purchases AlexaFluor® Products from Almac, the Buyer acknowledges and agrees that the AlexaFluor® Products are intended for internal laboratory research and internal quality control purposes only (the “Permitted Use“), and are not to be used for any purpose other than the Permitted Use including but not limited to use for manufacturing, providing medical, diagnostic, or any other testing, analysis or screening services or providing clinical information or clinical analysis in return for compensation on a per-test basis or incorporation into another product for re-sale, whether or not such product is resold for Research use. The Permitted Use does not include the multiplication of the Product or parts thereof. “Alexafluor Product” shall mean an Almac Product containing the reactive fluorescent dye known as Alexa Fluor®.
  11. The Products are supplied to and accepted by the Buyer ‘as is’ without any warranty of merchantability or fitness for any particular purpose or any other warranty, expressed or implied. In no event shall Almac be liable for any use of the Products, and the Buyer agrees to defend, indemnify, and hold harmless Almac from any loss, claims, costs, damages, or liability, which may arise from Buyer’s use, storage, or disposal of the Products, except to the extent such loss, claims, costs, damage, or liability are the direct result of Almac’s gross negligence or wilful misconduct.
  12. Buyer agrees to comply with all laws and regulations applicable to the handling and use of the Product.
  13. Almac makes no representation that the use of the Product will not infringe any patent or proprietary rights of third parties.
  14. Nothing in these Terms and Conditions shall deem to grant or assign to the Buyer any rights under any patents, patent applications, trade secrets, trademarks, copyrights or any other proprietary intellectual property rights of Almac or its affiliates.
  15. The Products and their composition shall be regarded as the know-how of Almac or third parties associated with Almac. The Buyer shall keep such know-how strictly confidential. In particular, the Buyer agrees not to determine the protein or genetic sequence of the Products or reverse engineer the Products. The Buyer agrees not to transfer the Products or parts thereof to any third party.
  16. Almac’s liability to the Buyer shall not exceed the amount received by Almac for the Products. Almac shall not be liable to the Buyer for any indirect loss or for any special, incidental, punitive or consequential damages whether this loss arises from breach of a duty in contract or tort or breach of statutory duty or in any other way including without limitation loss arising from Almac’s negligence, default, breach of duty, non-delivery, delay in delivery or defects or errors in the Products provided hereunder. Almac shall not be liable in particular (without limitation) for loss of profits, loss of revenue, loss of contracts or opportunity, cost of capital, cost of substitute Products or any claims of third parties for any of the foregoing. The foregoing limitation on liability shall not apply to claims for death or personal injury which arise due to Almac’s negligence.
  17. These Terms and Conditions shall be construed in accordance with the laws of the Courts of Northern Ireland.
  18. If any of these Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable, such Term or Condition will to that extent be severed from the remaining Terms and Conditions which will continue to be valid to the fullest extent permitted by law.
  19. These Terms and Conditions shall be binding upon the Almac and the Buyer and their respective successors and assigns.
  20. Refunds & Cancellations
    Due to the nature of the products, orders may only be cancelled prior to shipping. A full refund will be offered for cancellations or items not meeting required standards.
  21. To read Almac Sciences' full terms and conditions - please click here

ALMAC SCIENCES LIMITED - Terms & Conditions of Use

IMPORTANT LEGAL NOTICE

ATTENTION: This legal notice applies to the entire contents of the Website under the domain name shop.almacgroup.com and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is issued by Almac Group Limited.

1. INTRODUCTION

  • 1.1
    You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
  • 1.2
    By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
  • 1.3
    The Company may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.

2. LICENCE

  • 2.1
    You are permitted to print and download extracts from the Website for your own use on the following basis:
    1. no documents or related graphics on the Website are modified in any way;
    2. no graphics on the Website are used separately from the corresponding text; and
    3. the Company’s copyright and trade mark notices and this permission notice appear in all copies.
  • 2.2
    Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
  • 2.3
    Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
  • 2.4
    Any rights not expressly granted in these terms are reserved.

3. SERVICE ACCESS

  • 3.1
    While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
  • 3.2
    Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4. VISITOR MATERIAL AND CONDUCT

  • 4.1
    Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
  • 4.2
    You are prohibited from posting or transmitting to or from the Website any material:
    1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
    2. for which you have not obtained all necessary licences and/or approvals; or
    3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
    4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
  • 4.3
    You may not misuse the Website (including, without limitation, by hacking).
  • 4.4
    The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS TO AND FROM OTHER WEBSITES

  • 5.1
    Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
  • 5.2
    If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
    1. you do not remove, distort or otherwise alter the size or appearance of any Almac logos;
    2. you do not create a frame or any other browser or border environment around the Website;
    3. you do not in any way imply that the Company is endorsing any products or services other than its own;
    4. you do not misrepresent your relationship with the Company nor present any other false information about the Company;
    5. you do not otherwise use any Almac Group Limited trade marks displayed on the Website without express written permission from the Company;
    6. you do not link from a website that is not owned by you; and
    7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
  • 5.3
    The Company expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
  • 5.4
    You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

6. REGISTRATION

  • 6.1
    Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
  • 6.2
    Responsibility for the security of any passwords issued rests with you.

7. DISCLAIMER

  • 7.1
    While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
  • 7.2
    The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.

8. LIABILITY

  • 8.1
    The Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
  • 8.2
    Nothing in this legal notice shall exclude or limit the Company’s liability for:
    1. death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
    2. fraud; or
    3. misrepresentation as to a fundamental matter; or
    4. any liability which cannot be excluded or limited under applicable law.
  • 8.3
    If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9. GOVERNING LAW AND JURISDICTION

  • This legal notice shall be governed by and construed in accordance with Northern Ireland law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of Northern Ireland.