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Terms and Conditions

1. SCOPE OF AGREEMENT

i) Products purchased from Daily Bio shall only be used for research purposes. Customer shall not use the products to manufacture commercial products and/or to sell services relating to or using the product. The resale of the product, or any unmodified derivatives and parts thereof, in any form, including repackaged into a different vector, is strictly prohibited.

 

ii) Customer shall only have a non-transferable right to use the products. This limited license does not transfer ownership or title to the product, or to any part thereof, to the customer.

 

iii) Daily Bio does not grant to the customer any license, express or implied, in violation of or infringing upon any third party rights. The customer is responsible for determining the existence of any such third party rights, and to acquire any such rights, should they exist, before using the product.

 

iv) Daily Bio has no claim of any kind to any research, data, facts, information, experimental results, and/or any other embodiments generated by Customer using Product, with exception to activities covered by an issued patent assigned, licensed, or controlled by Daily Bio.

2. USE OF THE WEBSITE

By accessing the website, you warrant and represent to Daily Bio that you are legally entitled to do so and to make use of information made available via the website.

3. TRADEMARKS

The trademarks, names, logos, icons, pictures, and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Daily Bio. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Daily Bio.

4. EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond the control of Daily Bio and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

5. DISCLAIMER OF LIABILITY

Daily Bio shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company or institution), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your, your company’s or your institution's personal information or material and information transmitted over our system. In particular, neither Daily Bio nor any third party or data or content provider shall be liable in any way to you or to any other person, firm, institution or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

6. PRIVACY

Daily Bio will not share your information with any third parties and will do its best to not release any information unless explicitly stated by you in writing. Please refer to the terms "Disclaimer of liability" above.

7. CONFLICT OF TERMS

If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.

8. SEVERABILITY

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

9. APPLICABLE LAWS (CHOICE OF VENUE AND FORUM)

Use of this website shall in all respects be governed by the laws of the USA, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that courts located in New York State, USA, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.

10. WARRANTIES AND LIABILITIES

i) Every product offered by Daily Bio is intended for research purposes only by qualified professionals, the burden for safe use in handling of our chemicals rests entirely with the customer. The customer must determine the suitability of a product for a particular use. We cannot assume responsibility for the completeness or accuracy of any information supplied by us in regard to the hazards or recommended use of these chemicals.

 

ii) Daily Bio's products are warranted to meet the stated product specifications and to conform to the description on the label. In the event of a non-conformance with this warrant, Daily Bio will indemnify the customer against loss by them in an amount not to exceed the price paid for the goods. Recommended storage conditions must be observed.

 

iii) Daily Bio warrants that the product will meet the specifications listed. At Daily Bio’s discretion, free replacement of any nonconforming product will be made if Daily Bio is notified within 30 days of product receipt. No other warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, or fitness for a particular purpose, are provided by Daily Bio.

iv) Daily Bio assumes no liability and shall not be responsible for any claims, losses, costs, damages, fees, or expenses arising out of, or in connection with, the Product, including claims based on infringement or misappropriation, and including, but not limited to, any actual or alleged injury, damage, death, or other consequence occurring to any legal or natural person or property, as a result, directly or indirectly, of the possession, use or consumption of any Product, under any cause of action, regardless of the form in which any such claim is made.

v) This Product may be protected by patent applications, patents, and/or copyrights. Daily Bio makes no representation or warranty as to whether the Product, and/or its uses, infringes any patent or intellectual property rights of any third party, nor shall Daily Bio be liable for infringement of any such rights.

vi) The limited warranty offered by Daily Bio is extended only to the customer who originally purchased the product directly from Daily Bio. 
Daily Bio's warranty DOES NOT extend to any subsequent owner or other transferees of the product, and this warranty cannot be offered by any unauthorized reseller of the product. 

vii) Daily Bio's limited warranty DOES NOT cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions, or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.

viii) Daily Bio makes no warranties, expressed or implied, including without limitation, the warranties of merchantability or fitness for a particular purpose.

11. INTERNATIONAL ORDERS (NON-CANADA/USA ORDERS)

Please contact one of our local distributors for pricing and availability. If a local distributor is unavailable, please contact us directly at order@dailybiousa.com.

12. PRICING

Our prices are current at the time of the release of the catalog. Due to changes beyond our control, including unexpected fluctuation of the cost of raw materials, we reserve the right to change prices without prior notice. Sales taxes, if applicable, are extra to the listed prices. All prices for products and services are FOB Shipping Point. All international orders are charged in US dollars. All pricing displayed on the Daily Bio website is for customers in Canada and the USA ONLY. 

13. DAMAGED SHIPMENTS AND/OR MISSING ITEMS

Please inspect your shipment upon receipt. If it shows any external damage, accept it ONLY AFTER the driver has noted the damage on both his and your copies of the delivery receipt, AND you have requested an inspection by the carrier, or you may relinquish your right to make a claim. 

If you find damage (internal) upon opening a shipment, please report the damage to both Daily Bio (info@Dailybiousa.com) and the carrier within 24hrs of delivery, or you may relinquish your right to make a claim. 

If you find that items are missing from your shipment, please report this to both Daily Bio (info@Dailybiousa.com) and the carrier within 24hrs of delivery or you may relinquish your right to make a claim. Either we may have forgotten to include the additional items in your shipment, or the carrier has misplaced/ forgotten some items for your shipment. It is also possible that the item you requested to be shipped is still on "backorder" and would be shipped separately at a later date.

14. DISCOUNTS

Discounts (including promotions) showcased on this website are available in North America ONLY. Distributors are excluded from discounts, unless stated otherwise. Specific discount terms are stated in their respective discount web-pages. Discount errors may occur on the website. Daily Bio will attend to these errors with the best of their ability. Daily Bio cannot be held liable for these errors as errors are typically of a random occurrence. Terms of promotions are subject to change without notice.

15. USE AND SALES OF Daily Bio PRODUCTS AND SERVICES

i) Daily Bio laboratory products and services are SOLELY intended for Laboratory Research purposes. Daily Bio laboratory products and services are NOT intended for any other use(s), including, but not limited to: in vitro diagnostics, foods, drugs, medical devices, cosmetics, commercial purposes, any general consumptive purpose, and animal and/or human use. It is understood by the customer that under no circumstances should any of Daily Bio's products or services, including their components, be used in an inappropriate manner. No products are to be used for recreational purposes or human consumption. Daily Bio product and service orders cannot and WILL NOT be placed for individuals (i.e. no personal orders allowed).

 

ii) Orders will ONLY be approved for corporations, organizations or institutions that are involved in Laboratory Research. By agreeing to the aforementioned and subsequent acknowledgment of remainder of said disclaimer, you are affirming that you are, the equivalent or of greater academic certification, a Medical Laboratory Technologist or Technician. Criminal charges can and may be pursued by the Food Drug Administration against those who fraudulently purchase goods for any reason aside from agreed-upon condition.

 

iii) Customer acknowledges that the products have NOT been tested by supplier for safety and efficiency in food, drug and medical device cosmetic commercial or any other use. Customer represents and warrants to supplier that Customer will properly test and use any products purchased from supplier and for materials produced with products purchased from supplier in accordance with the practices of any person who is not an expert in any appropriate scientific field of study and in strict compliance with all applicable state and federal laws and regulations now and hereafter enacted.

 

iv) Customer warrants to Daily Bio that any material produced with products from supplier shall not be adulterated or misbranded within the governing law of the Federal Food Drug and Cosmetic Act and shall not be materials which may not under Sections 40d. 505. or 512 of the Act be introduced into interstate commerce.

 

v) In compliance with Federal Law, Daily Bio products are NOT intended to be submitted into interstate commerce by an uncertified, unlicensed, or unregistered entity. Customer agrees to comply with instructions by supplier relating to the use of the products and not violate the expressed prohibitive use of said products in any manner.

 

vi) Daily Bio will not produce or sell chemicals which are scheduled or controlled in United Sates Of America.

 

vii) Customer understands that certain products may not be on the Toxic Substances Control Act (TSCA) inventory. The customer assumes responsibility to ensure the products purchased from the supplier are approved for use under TSCA, if applicable. The customer has the responsibility to verify the hazards and to conduct any further research necessary to learn the hazards involved in using products purchased from the supplier. The customer has the responsibility for fully researching and complying with the state and federal regulations of their own country of residence.

 

viii) In no event shall Daily Bio or any of its affiliates be liable for special incidental or consequential damages whether purchase claim in contract, negligence, strict liability or otherwise. Daily Bio absorbs NO liability in the form of compensatory or damages. By continuing, by means of accepting subsequent and aforementioned conditions, you resign individual right to litigation against Daily Bio.

ix) Customer agrees to indemnify and hold Daily Bio harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of customer's handling and/or use of any products or services sold by Daily Bio. Customer agrees to indemnify and hold Daily Bio harmless for its present and future suppliers, agents, owners, shareholders and employees, as the case may be, for and against any and all losses, damages and expenses, including legal fees and other costs of defending any action that Daily Bio may sustain or which may occur as a result of any claim of negligence of contract or other claims or theories of law by himself, his officers, agents, or employees, his customers or other persons, whether direct or indirect in connection with the unsafe, improper or illegal use, or an unintended use of any chemical or product or services provided. In addition, the customer will adopt and use all necessary safety precautions and will abide by all local, state/province and government regulations in accordance with the use of any products or services provided by Daily Bio.

By placing orders through Daily Bio, you have read and accepted upon all the terms and conditions listed by Daily Bio.

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