Acceptance of Terms
These are the terms and conditions (“Terms”) under which we (Santa Cruz Biotechnology, Inc., or SCBT, or Santa Cruz Animal Health, or SCAH) sell our products to you, and they will govern all your product orders and purchases from Santa Cruz Biotechnology, Inc. Our offer to sell products is expressly conditioned upon your acceptance of these Terms. You will be deemed to have accepted these Terms upon purchase. Our failure to object to any terms and conditions contained in any purchase order or other document from you will neither be construed as our acceptance of such terms and conditions, or a waiver of these Terms.
Research Use
Products are sold for research or laboratory use only and are not to be administered to humans or used for medical diagnostics.
Acceptance
All orders are subject to availability; if requested, order acceptance/final pricing will be provided by fax from our headquarters in Dallas, TX. Prices do not include shipping, state or import taxes. Orders are generally shipped within 24 hours upon acceptance. Prices are subject to change without notice.
Payment Terms
Payment terms are net 30 days with 1.5% interest charged on past due accounts. MasterCard and Visa are accepted for payments made in U.S. Dollars. Contact us for information on the foreign currencies accepted. Prices are subject to change without notice.
Technical Services
Our Technical Service department is staffed by qualified scientists who are closely involved with all stages of product development. We will do our best to assist you in resolving any questions that you might have and welcome any suggestions as to how we can better meet your needs. Please do not hesitate to call us at any time.
Orders
Orders may be placed via the telephone, fax, mail, or web site. All orders must clearly indicate the customer telephone number, fax number, complete billing address, complete shipping address, catalog numbers, product names, quantity ordered and price. Confirmation of telephone orders by fax, mail, or email should be clearly marked "CONFIRMATION - DO NOT DUPLICATE". In general, confirmation of telephone orders are not necessary. All sales are final. To place a special order (i.e. non-standard conjugation, buffer, concentration), please contact Technical Service at 1-800-457-3801 ext 2.
Purchaser agrees to accept product labeled in English. Purchaser agrees to accept product literature including datasheets, certificates of analysis and Safety Data Sheets, where applicable, in English or in one of the other languages supported by Santa Cruz Biotechnology.
Product Warranty
Santa Cruz Biotechnology is committed to providing the highest level of quality and service. Any product that does not meet the performance standards indicated in our product literature will be replaced at no charge.
Shipments
Products are generally shipped within 24 hours of acceptance. Shipping charges are quoted at the time the order is accepted. Most products (including all primary antibodies) are shipped at ambient temperature. Some products require wet or dry ice. Additional charges will be invoiced for special packaging or delivery requested by the customer. Unless otherwise specified, products are shipped F.O.B. origin, freight prepaid and added to the invoice. Santa Cruz Biotechnology is not responsible for delays due to Customs clearance. Ask your Customer Service Representative for details.
Returns and Refunds
See Returns and Refunds Policy page.
Disclaimer:
Because of the possibility of typographical or human error, Santa Cruz Biotechnology disclaims responsibility for errors. Santa Cruz Biotechnology also disclaims responsibility for errors in pricing, for the use or misuse of any products, and the methods of use described on the webpage and data sheets. Seller shall not in any event be liable for incidental, consequential or special damages of any kind resulting from any use or failure of the products, even if seller has been advised of the possibility of such damage including, without limitation, liability for loss of use, loss of work in progress, down time, loss of revenue or profits, failure to realize savings, loss of products of buyer or other use or any liability of buyer to a third party on account of such loss, or for any labor or any other expense, damage or loss occasioned by such product including personal injury or property damage unless such personal injury or property damage is caused by seller's gross negligence. For Santa Cruz Animal Health products, Santa Cruz Biotechnology specifically does not authorize anyone, its agents or employees, to recommend any deviation from the manufacturer's label. Use of any animal health product should adhere to the manufacturer's label, and the customer should be guided solely by their own judgment and opinion coupled with professional veterinary advice.
Limited Rights
You acknowledge and agree that all intellectual property rights in the products and in any Santa Cruz Biotechnology, Inc. technology, intellectual property and know-how used to make or useful for the manufacture or use of the products will at all times remain vested in Santa Cruz Biotechnology, Inc. and its licensors. Unless otherwise expressly agreed in writing by our authorized representative, your purchase of the products only grants you a limited, non-transferable right to use the quantity of the products that you have purchased from us for your internal research purposes only, and in compliance with the applicable intended use statement, limited use statement or limited label license, if any, in our current catalogue, website or on the label or other documentation accompanying the products (all such statements or licenses being incorporated herein by reference as if set forth herein in their entirety). No right to resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless otherwise expressly agreed in writing by our authorized representative, we provide no rights to use our products in commercial applications of any kind, including, without limitation, manufacturing, quality control or commercial services such as reporting the results of your activities for a fee or other form of consideration.
Indemnity
To the extent allowed by applicable law, and except where a claim arises as a result of Santa Cruz Biotechnology, Inc.’s gross negligence or willful misconduct or that of its affiliates, you will indemnify, defend and hold harmless Santa Cruz Biotechnology, Inc., its officers, agents, employees, distributors and affiliates ("Indemnified Party") for any claim, loss, damage, expense or other liability (including reasonable attorneys' fees and costs) which may be made against an Indemnified Party as a result of (a) your acts, omissions, use or modification of a product, (b) our manufacture or sale of a product we make under your instructions, specifications, or other directions, (c) your failure to comply with the Contract, (d) your failure to acquire any applicable additional rights related to your use of the products, or (e) our use of materials you provide to us.
Limitations of Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE CONTRACT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT, OR ANY PRODUCT, IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT PURCHASED.
11.2 DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND WE WILL NOT BE LIABLE (IN CONTRACT, TORT OR OTHERWISE) FOR ANY LOSSES, EXPENSES, CLAIMS OR DAMAGES CAUSED BY A LATE DELIVERY.
Export Control
You acknowledge that products received from us are subject to U.S. export control laws and regulations. You represent and warrant to us that you will not, directly or indirectly, (a) sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from us to any destination, entity, or person prohibited by the laws or regulations of the U.S., or (b) use the product for any use prohibited by the laws or regulations of the U.S. and/or your local jurisdiction, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.