Terms and Conditions
All sales are subject to the following General Terms and Conditions for products and services purchased or provided from NanoSoft, LLC or NanoSoft GmbH ( both of which, 'NanoSoft'). Any other terms and conditions, including the customer's ("Customer") own, are not applicable and are explicitly refused, whether referred to by the Customer when ordering or not, including terms printed on Customer purchase orders.
Any changes or amendments to these Terms and Conditions, any additional agreements, and other declarations are only valid when agreed upon by NanoSoft in writing.
NanoSoft warrants all products to meet NanoSoft specifications. The warranty period is six months beginning on the shipment date, except if the nature of the product requires immediate use or use within a period of time that is shorter than six months.
Under this warranty, NanoSoft will replace defective products free of charge. If, after a free replacement, quality specifications are still not met, the Customer can ask for a reduction in price, or cancellation of the order. Any further claims of the Customer, of any kind, especially for damages or compensation, are explicitly excluded.
NanoSoft states explicitly that all products are for research and laboratory use only. NanoSoft disclaims any warranty for faults in products which originate from improper handling or storage, for application in the household or to humans or animals. No products from NanoSoft may be transferred to private persons. The Customer is responsible for compliance with state, national and international laws and regulations governing the shipping, storage, processing, and trade of products. NanoSoft will not warrant damages to the product arising from noncompliance with such laws and regulations.
NanoSoft will only be liable for warranty if the defect is indicated promptly and in writing. For defects which are visible upon delivery of the product, this indication must be given within seven days of delivery.
Warranties are not transferable if products are sold or transferred by the Customer to another individual, group, institution or entity.
Limitation of Warranties and Liability
In no event shall the liability to NanoSoft exceed the purchase price of the product. By purchasing products or services from NanoSoft, the Customer accepts this limit without exception.
NanoSoft states explicitly that all products are for research and laboratory use only.
NanoSoft also states that ALL PRODUCTS ARE NOT FOR HUMAN CONSUMPTION and SHOULD NEVER BE ADMINISTERED TO HUMAN SUBJECTS IN ANY WAY WHATSOEVER.
As such, NanoSoft MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT.
In no event shall NanoSoft be liable for any use by Customer of the Products or any loss, claim, injury, damage or liability, of whatsoever kind of nature, which may arise from or in connection with this Agreement or the use, handling or storage of the Products.
Customer agrees to indemnify, defend, and hold harmless NanoSoft, its officers, agents, and employees from any liability, loss or damage they may suffer as a result of claims, demands, costs or judgments against them arising out of the use or disposition of the Products by Customer, except to the extent resulting from the gross negligence or willful misconduct of NanoSoft.
Customer agrees to comply with all laws and governmental rules and regulations that are applicable to Products or their use. Specifically, Customer agrees to comply with any export control laws and regulations applicable to the Products.
In no event shall NanoSoft compensate for consequential and indirect damages or loss of profit.
In no event shall NanoSoft's total liability exceed the purchase price of the applicable Products.
No agent, employee, or representative of NanoSoft or its affiliates has any authority to modify the terms of these warranties or to bind NanoSoft to any additional warranty or representation not contained herein, and any such warranty or representation is not binding on NanoSoft unless in writing signed by an authorized executive officer of NanoSoft.
NanoSoft does not guarantee scientific results or the applicability of products to all possible uses.
Customer's sole and exclusive remedy with respect to Products and Services ordered from NanoSoft shall be a replacement or refund only if the items are proven to be defective in accordance with the Return Policy and the Warranty.
As noted, NanoSoft will not compensate for consequential and indirect damages or loss of profit. Customer, by purchasing products from NanoSoft, agrees to not seek compensation for consequential and indirect damages or loss of profit.
Unless explicitly stated, no license or immunity under any patent is either granted or implied by the sale of any of our products. NanoSoft does not warrant that the resale or use of its products delivered will not infringe the claims of any patent, trademark or copyright covering the use of the product itself or its use in the operation of any process. Furthermore, the purchaser assumes all risks of patent, trademark or copyright infringement associated with any such use, combination or operation.