The following pertains to the terms and conditions applicable to all Products sold by CEN4GEN, Manufactured for CEN4GEN, or provided by CEN4GEN Institute for Genomics and Molecular Diagnostics, under the trade name of CEN4GEN unless specifically excluded in writing by CEN4GEN.
CONTRACTUAL AGREEMENT
The term “Client” herein refers to the subject, authorized subject’s representative, authorized third party representative, healthcare professional, organization, agency, broker, government, and public or private sector business entity that pays for the product(s) sold by CEN4GEN, manufactured for CEN4GEN, or provided by CEN4GEN. A contractually binding agreement between the Client and a product sold by CEN4GEN, manufactured for CEN4GEN, or provided by CEN4GEN shall be conferred by an agreement with the pricing, product specifications / features, product performance, product warranty, product physical condition, and other relevant documentations, factors and agreements between the Client and CEN4GEN. However, such binding agreement is constituted after it is approved and acknowledged by CEN4GEN via an issuance of an order confirmation and/or sale of a product (s). Unless otherwise deemed, it is interpreted by CEN4GEN that the Client agrees to the Terms and Conditions and other relevant documents, factors, and specifications provided, issued or set by CEN4GEN. Unless documented otherwise or required by Canadian law, CEN4GEN has no contractually binding agreement with the Client.
These terms and conditions, their interpretations, and the performance of the parties are governed by the laws of the province of Alberta, Canada. CEN4GEN and the Client agree that the United Nations Convention on Contracts for the International Sale of Goods or Services do not apply to these terms and conditions, including any terms in this Documentation.
All contractual agreements between CEN4GEN and the Client are interpreted to be made and governed by the Canadian substantive law. Any clause of CEN4GEN’s service agreement that is declared invalid must be deemed severable and will not affect the enforceability or validity of the remainder of CEN4GEN service terms of use. Should there be the need of an arbitration, the jurisdiction must (i) be held in the Regional Court of Alberta, Canada, (ii) be conducted in the English Language, and (iii) before one arbitrator who has at least 10 years of experience in handling disputes similar to the dispute(s) to be arbitrated, in order to adjudicate any and all disputes arising from the contractual relation or damages for whatever reason between the Client and CEN4GEN.
DISCLAIMER OF CONTENT
The information contained on the CEN4GEN website pertaining to product descriptions and the sale of products is directed towards healthcare professionals and the clients. However any Client or healthcare personnel must exercise his/her own clinical or non-clinical judgment before, during and after availing CEN4GEN services. The agreement is not supposed to create any doctor-patient relationship and no liability is incurred in case the patient places a sole reliance on the advice of the staff of CEN4GEN. CEN4GEN specifically disclaims any liability arising out of the use or reliance of the information provided on the website.
RETAILER PRODUCT SERVICES, BILLINGS AND PAYMENTS
CEN4GEN reserves the right to augment, change or modify its services, types of products it offers, prices and other confounding items, at any given time. However, any quotations for prices and product descriptions or listings provided by CEN4GEN to the Client are valid for thirty (30) days from the date issued. The quoted prices provided by CEN4GEN are applicable only to whatever product is requested and in accordance with any relevant specifications and documentations provided at the time of quotation. CEN4GEN is not bound to a future pricing for any product, repaired product or replacement product that is requested by the Client until a contractual or revised agreement has been entered into and been accepted by CEN4GEN. The Client must pay the full amount due for the invoice of product(s) before any product is being manufactured for, is released and/or shipped to the Client, unless otherwise specified in writing by CEN4GEN. CEN4GEN will not remit full or partial reimbursement to the Client for the ordered product(s) that have been or in the process of being manufactured for and/or shipped to the Client, unless otherwise specified in writing by CEN4GEN. The terms and conditions of product warranty and product refund / replacement policies are unique to each product and such information can be obtained from CEN4GEN when requested.
CEN4GEN is not responsible for any full or partial refund of a product in which the reason for refund is not justified. Compromised / unspecified / suspected tampering of a product sold by CEN4GEN to the Client is not encouraged and is deemed a violation of ethical standards and subjected to legal action by CEN4GEN. Payments to CEN4GEN for any of its products are not contingent/conditional on any other agreement approved by any other third party. CEN4GEN bears no liability for any generalizations, assumptions or conjectures stipulated by the Client or others pertaining to its operations. Should the Client have any concerns/complaints/claims regarding the product and/or CEN4GEN’s service, the Client must notify CEN4GEN within fourteen (14) days starting from the day when the Client received the product from CEN4GEN. Failure to notify CEN4GEN during this fourteen (14) day period is deemed an acceptance of CEN4GEN’s product, and the concerns/complaints/claims are deemed invalid. However, applicable fee is incurred to the Client, should the Client request a replacement and/or repair of the product for reasons covered or not covered by the warranty of the said / specific product. The Client is responsible for the full payment of applicable fees to be set by CEN4GEN and/or the product manufacturer, before such requested service commences.
TAXES, SHIPMENT AND HANDLING FEES
The Client is solely responsible for the full payment of fees including any applicable administrative/handling charges, customs tariff and service tax, associated with any shipment of the product from CEN4GEN to the Client and likewise any product or material from the Client to CEN4GEN or the product manufacturer. Apart from the responsibility of CEN4GEN and its affiliates to ensure and practise meticulous care in its handling of the product, CEN4GEN and its affiliates have no further liability with respect thereto. CEN4GEN and its affiliates are not liable for any damages or delays in the shipment of the product, materials and documentations to the Client. The Client is responsible for any applicable administrative/handling charges, customs tariff and service tax, associated with the shipment or re-shipment of the product.
The client must be familiar with his/her respective country’s importation regulations and trading partners as any product shipped and not cleared by his/her country’s importation department is not the responsibility of CEN4GEN. The client must ensure that the product(s) ordered from CEN4GEN is/are in conformance with the shipment and importation laws of the client’s respective country. CEN4GEN is not liable and not responsible for any full or partial refund of a product(s) and the shipment and handling cost(s) in which the product(s) is/are prohibited for importation and/or seized by the officials of the client’s respective country. CEN4GEN is also not liable for any damages and/or removal of product or product contents from the importation department of the client’s respective country.
TURNAROUND TIMES
Turnaround times are the median times to obtain a product from the time CEN4GEN receives a product order request from the Client and/or from the time CEN4GEN ships the product(s) to the Client. The Client accept(s) that CEN4GEN is not liable for any unexpected factors, including acts of God (flooding, fires, winter storms, earthquakes, etc), labour strikes, or any other causes which are beyond the control of CEN4GEN, which could potentially delay the turnaround times. In the scenario of a delay in turnaround time, CEN4GEN will not remit full or partial reimbursement to the Client for the ordered product(s) that have been or in the process of being manufactured for and/or shipped to the Client, unless otherwise specified in writing by CEN4GEN.
INTELLECTUAL PROPERTY
All kinds of Intellectual Property including any Copyright, Trademark, Patent, Designs and other Rights attributable to this website are the sole property of CEN4GEN. The materials available on this website are accessed or downloaded only for non-commercial or educational purposes and within the scope allowable by these Terms. Any unauthorized or infringing use of the materials on this website by any third party or non-licensed person is penalized unless it is intimated to CEN4GEN at the earliest. None of the Trademarks or Service Marks or logos appearing on the website of CEN4GEN or any sub-domains of CEN4GEN is used for advertising or commercial purposes unless consented by CEN4GEN.
INDEMNITY, LIMITATION OF LIABILITY AND FORCE MAJEURE
By purchasing a product from CEN4GEN, the Client approves of the product specifications / features, product performance, terms and conditions of the product warranty and product refund / replacement policy, product physical condition and other relevant factors associated with such product. CEN4GEN (which includes its directors, officers, staff, affiliates) makes no undertakings, conditions, inducements, representations, warranties, promises or agreements of any kind whether expressed, direct, indirect or implied, including without limitation, the originality, condition, completeness, satisfactory quality, timelines, non-infringement, or accuracy of services / products, data, product physical condition, product specification, product performance characteristics, conclusions, product warranty programs/policies, or other confounding factors arising from the services of CEN4GEN and products manufactured for CEN4GEN, sold and/or provided by CEN4GEN. CEN4GEN, its directors, officers, employees and affiliates assume no responsibility to the Client for the consequences of any errors or omissions.
Retailer product services rendered via CEN4GEN are undertaken with meticulous care and standards given the current state of knowledge, technology and other factors at the time the service has been requested by the Client. The Client must defend, indemnify and hold harmless CEN4GEN and its directors, officers, affiliates and staff from and against any and all liabilities, damages, claims, actions, costs, demands, death, injury to body or health, suits and expenses (including legal fees and expenses) as well as liabilities of whatever nature or kind suffered, asserted by or incurred by third parties originating from and out of the contractual services with CEN4GEN as well as product(s) manufactured for CEN4GEN, sold / provided by CEN4GEN, including but not limited to any allegation that the Client did not have any legal right to purchase a product from CEN4GEN or manufactured for CEN4GEN. The Client agrees to accept his/her own liability to indemnify against himself/herself for any direct liability, damage, loss, and expense (including legal fees and expenses) pertaining to any claim, suit, regardless of merit brought against him/her for any and all damages that have been caused by the retailer product services of CEN4GEN, as well as the product(s) manufactured for CEN4GEN, and/or product(s) sold / provided by CEN4GEN to the Client.
All expressed or implied warranties including any warranties of merchantability or fitness for a particular purpose are disclaimed by CEN4GEN. Furthermore, CEN4GEN under any legal theory (including but not limited to negligence, contract, strict liability in tort or warranty of any kind) is not held liable for any indirect, direct, consequential, special, incidental, or exemplary damages (including but not limited to lost profits), relating to the retailer services as well as products manufactured for CEN4GEN and/or sold / provided by CEN4GEN, or any other cause even if caused by the negligence of CEN4GEN and its directors, officers, employees and affiliates, regardless of whether such damages could have been foreseen or prevented. In the event CEN4GEN is found liable, damages are limited only to the value paid by the Client for the product(s) being sold or provided. The limitations and exclusions of this service agreement apply to the Client or authorized representative of the Client to the fullest extent that applicable law permits in all actions of any kind, whether based on contract, tort (including without limitation and negligence) or any other legal or equitable theory. In fact, the entire risk as to the use of the product retailer services of CEN4GEN must be accepted by the Client.
CEN4GEN periodically modifies or updates its Terms and Conditions of Product Retailer Service and you are requested to follow them and you are further be bound by the changes made, after three(3) days from the date they are notified on the website.
2020/11/01
