Terms & Conditions
Last Updated 16 January 2012
Welcome to the KeraFAST, Inc. ("KeraFAST" or "we") web Site. KeraFAST provides this web Site (this "Site"), at its discretion, as a service to its customers. This Site provides users with access to extensive Product information and documentation as well as online purchasing capabilities.
Download the KeraFAST Limited License Agreement
All KeraFAST Products (the “Products”) are "FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC or THERAPEUTIC USE".
These KeraFAST Terms and Conditions ("Terms") set forth the terms and conditions under which you may use and access this Site. You represent and warrant that you possess the legal right and authority to agree to these Terms on your behalf. If you are accessing this Site on behalf of your employer or some other entity, then these Terms shall be binding upon you and your employer or such other entity, and, in such event, you further represent and warrant that you possess the legal right and ability to agree to these Terms on your behalf and on behalf of your employer or other entity. If you register to use this on behalf of your employer or such other entity, then you shall be deemed to be accessing this Site on behalf of yourself and your employer or such other entity. As used in these Terms, the term "you" refers to you individually and, if applicable, your employer or such other entity on whose behalf you may access the Site.
The Availability of the Site and International Users
The Site is administered by KeraFAST in the United States. This Site and its contents (the “Content”) are designed to comply with United States laws and regulations and are intended for use by United States residents only. Access to the Site and the Content may not be legal by certain persons or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on this Site may refer to Products or services that are not available in your country. Furthermore, KeraFAST makes no representation that the materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from countries where their contents are illegal is prohibited. You should not construe anything on the Site as a promotion or solicitation for any Product or for the use of any Product that is not authorized by the laws and regulations of the country in which you are located.
KERAFAST RESERVES THE RIGHT TO REVISE THESE TERMS AT ANYTIME. WHEN WE DO, WE WILL ALSO REVISE THE "LAST UPDATED" DATE AT THE TOP OF THESE TERMS. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS. The most current version of the Terms can be reviewed by clicking on the "Site Use Terms" hypertext link located at the bottom of our Web pages. YOUR CONTINUED USE OF THE SITE AFTER WE POST ANY REVISED TERMS CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS.
1. Registration. Access to online purchasing capabilities (the "Service") is available only to businesses and institutions and their authorized employees, agents and/or contractors who register with KeraFAST on this Site and is limited to those users who are authorized to form legally binding contracts under applicable law on behalf of the businesses or organizations they represent (“Customers”)
2. Customer Account, Password and Security. You represent that all information provided to KeraFAST through your customer account registration (your “Registration”) or otherwise is accurate and that you are the individual identified in such information. In the event any such information changes after it is provided to KeraFAST, you agree to update your Registration the next time you access the Site. You agree (a) to maintain the confidentiality of your username and password, and (b) that you are fully responsible for any and all activities that occur under your username. You further agree to (i) immediately notify KeraFAST of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Without limiting any other provisions of these Terms, KeraFAST will not be liable for any loss or damage arising from your failure to comply with this Section 2, and you agree that KeraFAST will not be liable for any loss that you may incur as a result of someone else using your username, either with or without your knowledge. You agree not to use anyone else's username at any time.
3. Changes to Site. KeraFAST may modify, suspend, discontinue or restrict the use of all or any portion of the Site at any time for any reason and without notice or liability. Without limiting the foregoing, KeraFAST reserves the right, with or without notice to you, to change any of the services offered on the Site including, but not limited to, hours of operation, menu structures, access procedures, software commands, documentation, vendors and/or other services.
4. Data Security. Certain portions of the Site use the latest in available encryption technology in the transmission of sensitive information. KeraFAST maintains a secured area on this web Site for transmission of customer registration and financial data, and stores this data in a private database. We utilize security measures such as firewalls, passwords and other mechanisms on our computer systems housing all registration and financial data.
5. Limited Use. Subject to these Terms, you are authorized to access and use the Site (a) for the purposes of making purchasing decisions with regard to Products offered for sale on the Site, for administering orders placed on the Site, for education and related research, and for background information on Products offered for sale on the Site, and (b) at the sole discretion of KeraFAST. KERAFAST RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO TERMINATE OR SUSPEND YOUR ACCESS TO, AND/OR USE OF, THE SITE, OR ANY PORTION THEREOF, AT ANY TIME, WITH OR WITHOUT NOTICE AND FOR ANY REASON (OR NO REASON), AND YOU AGREE THAT IN THE EVENT YOUR AUTHORIZATION TO ACCESS THE SITE IS TERMINATED, YOU WILL NOT THEREAFTER ACCESS, OR ATTEMPT TO ACCESS THE SITE, DIRECTLY OR INDIRECTLY, AND IF YOUR AUTHORIZATION TO ACCESS THE SITE IS SUSPENDED, YOU WILL NOT THEREAFTER ACCESS, OR ATTEMPT TO ACCESS, THE SITE, DIRECTLY OR INDIRECTLY, UNTIL YOUR SUSPENSION IS REMOVED AND KERAFAST GIVES YOU EXPRESS NOTICE THEREOF. For further clarity, you are responsible for providing all communication lines, telephone/transmission services and all equipment and technology necessary for you to access and use the Site.
6. Integrity of Site and Restrictions. This Site may present opportunities to post information to public areas of the Site, such as bulletin boards (collectively, “Public Areas”), or to send along comments and feedback (any such information provided, “Public Information”). Although KERAFAST may, from time to time, monitor or review the information posted to the Public Areas of the Site, KERAFAST is under no obligation to do so, and assumes no responsibility or liability arising from the Content of such Public Areas or the Site in general or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in the Site.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. KERAFAST will fully cooperate with any law enforcement authorities or court order requesting or directing KERAFAST to disclose the identity of anyone posting any such material.
Children under the age of eighteen should not submit any Public Information or Unsolicited Information containing personally identifiable data.
7. Disclaimer of Warranties. KeraFAST does not guarantee continuous, uninterrupted or secure access to the Site (including, without limitation, the Service), and operation of the Site may be interfered with by numerous factors outside of our reasonable control. ANY INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT THE YOUR OWN DISCRETION AND RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR USE OF THE INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KERAFAST OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, OR THROUGH OR FROM THE WEB SITE OR THE SERVICE, SHALL CREATE ANY WARRANTY. KERAFAST MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, SECURITY, SUITABILITY, REASONABLE CARE, TIMELINESS, AVAILABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE DATA, INFORMATION, PRODUCTS, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, OR OTHER MATERIALS) ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND NEITHER KERAFAST NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE (A) MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DATA, INFORMATION, OR OTHER MATERIALS), OR (B) REPRESENT OR ENDORSE THE ACCURACY, QUALITY, SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, COMPLETENESS, AND/OR TRUTHFULNESS OF ANY DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS DISPLAYED OR DISTRIBUTED IN ANY MANNER ON THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH DATA, INFORMATION (INCLUDING OPINIONS, ADVICE OR GRAPHICS), OR OTHER MATERIALS SHALL BE AT YOUR OWN RISK. KERAFAST, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT KERAFAST KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, OR OTHER MATERIALS). FURTHERMORE, KERAFAST, ON BEHALF OF ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, AND/OR OTHER MATERIALS).
8. Limitation of Liability and Sole Remedy. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL KERAFAST, ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), THE LOSS OF ANY DATA, ANY INFORMATION, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE SITE, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF KERAFAST , ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENT'S KERAFAST’S, ITS SUPPLIERS’, CONTENT PROVIDERS’, AFFILIATES’, LICENSORS’, EMPLOYEES’, AGENTS’ AND THE LIKE’S MAXIMUM TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS, THE USE OR PERFORMANCE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, PRODUCTS, OR OTHER MATERIALS), OR OTHERWISE ARISING OUT OF THE USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, OR OTHER MATERIALS) HEREUNDER SHALL NOT EXCEED ONE HUNDRED ($100.00) IN THE AGGREGATE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, PRODUCTS, OR OTHER MATERIALS), OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. THESE LIMITATIONS APPLY AMONG OTHER THINGS TO ANY THIRD-PARTY CLAIMS AGAINST KERAFAST. The provisions of this Section 9 and Section 8 above represent a reasonable allocation of the risks under these Terms. KeraFAST's willingness to allow you to access and use the Site reflects this allocation of risk and the limitations of liability specified herein.
9. Linking to the Site. Except for educational purposes, you agree not to link to the Site, or to cause any web Site that you operate or otherwise control, to link to the Site, in each instance without first obtaining the expressed permission from KeraFAST to do so. You agree that if you do receive such permission, that (a) you will link only in accordance with the terms and conditions of such permission, (b) KeraFAST may revoke such permission at anytime and for any reason, (c) after any such revocation, you will not thereafter link to the Site, or cause any web Site that you operate or otherwise control, to link to the Site, and (d) KeraFAST has no obligation to notify you if any of the portions of the Site that you are linking to change or move to a different location.
10. Third Party Content. The Site may contain hyperlinks to other web Sites and Internet resources operated by parties other than KeraFAST ("Linked Sites"). Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by KeraFAST or any of its subsidiaries or affiliates of any third party resources or their contents. KeraFAST has no control over any Linked Sites. Any such hyperlinks are provided for your reference only and are included on an "as is" basis. You acknowledge and agree that KeraFAST is not responsible for the availability of Linked Sites and does not endorse and is not responsible or liable for any content, advertising, Products, privacy policies, or other materials on or available from such Linked Sites. You further acknowledge and agree that KeraFAST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Linked Site. When you visit a Linked Site, you will no longer be protected by KeraFAST's privacy statement or security practices. The data collection, use and protection practices of the Linked Site may differ from the practices of KeraFAST. You are responsible for viewing and abiding by the privacy statements and Terms posted at the Linked Sites.
11. Indemnification. You agree to indemnify and hold KeraFAST, its parents, subsidiaries, and affiliates, suppliers and content providers and their respective directors, officers, employees, agents, shareholders, co-branders, partners, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, judgments, demands, and fees and expenses (including, without limitation, reasonable attorney's fees) asserted by any third party due to or arising out of (a) your breach of these Terms (including without limitation, any breach of any of your representations, warranties and covenants contained herein), (b) your access to, use of, or conduct on the Site or use of the Service (including, without limitation, any information, Products, services or other materials), and/or (c) the violation of any rights of another resulting from or relating to your use of the Site or the Service.
12. web Site Intellectual Property. All materials contained on the Site are protected by copyright, and are owned, patented or controlled by KeraFAST, KeraFAST's suppliers, licensors, content providers, manufacturers or other authorized suppliers of Products offered for sale on the Site, or other third parties. The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The content of the Site is available for your use in making purchasing decisions with regard to Products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and for background information on Products offered for sale on the Site. You agree to comply with any restrictions contained in any content on the Site. Subject to those restrictions you may download documents that are made available to you on the Site in the Adobe PDF form, in each instance for your use in making purchasing decisions with regard to Products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and/or for background information on Products offered for sale on the Site and provided that you maintain all copyright and other notices contained thereon. Copying, storing, or downloading of any content, for purposes other than for your use in making purchasing decisions with regard to Products offered for sale on the Site, for administering orders placed on the Site, for educational and related research purposes and/or for background information on Products offered for sale on the Site is prohibited without the prior written permission from KeraFAST or the copyright holder identified in the individual content copyright notice. In no event may you redistribute any content made available to you through the Site without the prior written permission from KeraFAST or the copyright holder identified in the individual content copyright notice. By submitting content to the Site, (a) you grant KeraFAST and its affiliates and licensees a nonexclusive, perpetual, worldwide and irrevocable license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form for any purpose, and (b) represent and warrant that you own or otherwise control all of the rights to the content and that exercise of the foregoing rights granted to KeraFAST its affiliates and/or licensees with respect to the content will not infringe or violate the rights of any third party.
13. Intellectual Property Notices. All contents of the Site are: Copyright © 2012 KeraFAST, Inc. 391 Technology Way, Winston-Salem, NC 27101. All rights reserved. Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by KeraFAST. KeraFAST Products and services referenced in the Site may be patented by or trademarks or service marks of KeraFAST in the United States and/or other countries. Other Products may be patented and organizations mentioned in the Site may be the trademarks of their respective owners. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to these patents or trademarks without the express written permission of KeraFAST or the applicable third party.
14. General. These Terms contain the full understanding of the parties with respect to your use and access of the Site and supersede all prior agreements and understandings, both written and oral, with respect to such use and access of the Site; provided, however, that there may be additional written terms and conditions that govern your use of specific areas of the Site and/or your submission of materials to KeraFAST through certain portions of the Site. Such additional terms and conditions, if any, will be specified in the Site. Subject to the foregoing, there are no other terms, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever regarding your use and/or access to the Site. If any portion of these Terms is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the parties' original intentions, and the remainder of these Terms shall remain in full force and effect. Headings of articles and sections in these Terms are for the convenience of the parties only. Accordingly, they shall not constitute a part of these Terms when interpreting or enforcing these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KeraFAST as a result of these Terms or access and/or use of the Site. The failure of KeraFAST to insist upon or enforce strict performance by you of any provision of these Terms shall not be construed as a waiver of any provision or right. The Site and these Terms are governed by the laws of the State of Delaware, USA, except for its conflict of laws provisions. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this Section 14.
15. Product use limitations
All KeraFAST Products (the “Products”) are "FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC, THERAPEUTIC OR ANY IN VIVO USE".
KeraFAST will not be liable for any professional advice it may offer in relation to the use of the Products nor any claims or applications not listed in the literature or the misuse of Products which will include using the Products for diagnostic, therapeutic or in vivo use in human subjects. KeraFAST cannot provide a guarantee for all applications for which a specific reagent or Product may be used. Further, information disclosed in KeraFAST Product literature should not be considered as a recommendation to use its Products in violation of any patents. KeraFAST shall not be liable for its failure to perform any of its obligations resulting from circumstances beyond its reasonable control. KeraFAST will notify its customers as soon as practically possible after it becomes aware of deficiencies in a Product supplied. Any claim relating to Products shall be limited to replacement or refund of original purchase price paid. Except for personal injury or death caused by KeraFAST's negligence (for which no limit applies), KeraFAST will not be liable (under contract, by negligence or any other way) for any indirect or consequential loss or damage arising out of or in connection with the Products and KeraFAST's total aggregate liability for any loss or damage in respect of the Products or these Terms will not exceed the amount paid for the Products under this order. Contracts and agreements with KeraFAST shall in all respects be governed by and interpreted in accordance with Delaware law.
16. Order Placement and Charges.
Registering on our Site is free to eligible Customers. Customers may purchase any of the Products provided on the Site at the prices designated on the Site by selecting Products (“Product”) for purchase and completing our electronic order form (an "Order"). The following information is required to process an order:
* A Credit Card or Purchase Order Number
* Name, phone number and email address or fax number of the authorized purchaser for confirming details of the order;
* Name, phone number and email address of the researcher in case of technical issues.
KeraFAST charges Customers according to KeraFAST's practices for shipping and handling costs and applicable sales taxes. All charges for Products ordered are displayed to the Customer on the pending Order prior to placement of the Order by Customer.
17. Product Delivery.
a. General. Customer hereby acknowledges and agrees that all Products ordered on our Site shall be shipped by KeraFAST or drop shipped by an applicable manufacturer or other supplier using our authorized carrier or a carrier authorized by the applicable manufacturer or supplier (the "Designated Shipper") and delivered to Customer's designated delivery location, FOB Origin. KeraFAST and its suppliers cannot ship to post office boxes.
b. Delivery Subject to Product Availability. Although KeraFAST has attempted to ensure that the inventory availability of Products is properly designated on our web Site for many Products, Customer acknowledges that from time-to-time even those Products designated as in inventory will not be available at time of shipment. If an Order cannot be shipped in its entirety by the close of business the day following placement of the Order, KeraFAST will promptly notify Customer, and provide an estimated shipment date for those items which are unavailable. KeraFAST reserves the right to substitute alternate Products with equivalent specifications for those ordered. Customer shall have the right to return any substituted Products at no charge by following the return goods policy as stated herein. KeraFAST further reserves the right to make delivery in installments for those items of an Order, which are available for immediate shipment, and to bill Customer separately for any such items delivered. Customer may cancel those items on the Order that are subject to the delay by notice to KeraFAST within 48 hours of receipt of the delay notification, provided that such Products have not yet been shipped. If KeraFAST receives no such notice of cancellation, the estimated Product availability and shipment date will be deemed accepted. The foregoing sets forth KeraFAST's entire obligation with regard to Product availability and shipment delays. KeraFAST shall not be liable for any late shipment or any failure to ship any Product(s).
c. Upon issuance of an Order by Customer for Products on the web Site, KeraFAST will confirm receipt by email including confirmation of (i) Product and delivery costs, (ii) arrangements for delivery, and (iii) expected delivery time.
18. Product Acceptance.
Immediately upon receipt of Products shipped hereunder, Customer shall inspect the Products and notify KeraFAST in writing to CustomerService@KeraFAST.com of any claims for order or shipping errors, shortages, defects or damages and shall hold any such goods for KeraFAST's written instructions concerning disposition. If Customer fails to notify KeraFAST within 24 hours after receipt of Products, the Products shall conclusively be deemed to conform to the terms provided herein and shall be irrevocably accepted by Customer.
19. Payment for Products Ordered.
KeraFAST shall automatically charge Customer's account for all Orders. In the event Customer does not have an account with a chargeable balance adequate to cover the Order amount, KeraFAST shall charge the Order to the credit card account authorized by Customer. The amount of payment due shall be that amount reflected in each Order at time of Order placement by Customer, comprised of the price of Products ordered at the time of Order placement, applicable shipping charges, and applicable taxes reflected in the Order. Unless otherwise agreed to by the KeraFAST in a written contract with Customer, payment shall be due promptly upon the provision of ordered Products to the Designated Shipper at Supplier's shipping point. KeraFAST reserves the right to collect interest at a rate equal to the highest applicable lawful interest rate on invoiced amounts not paid within thirty (30) days of invoice date, with interest to accrue monthly until full payment is received. All payments will be made in U.S. Dollars.
20. Incomplete Transactions and Cancellations of Orders.
a. Termination Prior to Shipment. Customer may cancel an order prior to shipment subject to a 25 % restocking charge on the items plus any in-process handling and packaging costs.
b. Termination Subsequent to Shipment and Prior to Acceptance. Subsequent to shipment, but prior to Acceptance of Products, as provided above, Customer may cancel an Order by contacting KeraFAST prior to the expiration of the twenty-four (24) hour Acceptance Period provided above, except for Orders containing products which have special shipping requirements including those shipped on dry ice. KeraFAST will provide Customer with disposition instructions, and may charge the Customer for shipping and handling expenses and a 25 %restocking fee.
c. Returns After Acceptance. After the Acceptance Period has expired, Product returns shall be governed by the warranty and return policies set forth below.
21. Product Returns.
Authorization for all product returns must be approved by our Customer Services Department and a return authorization number given to you prior to the return of goods. Not all items will be authorized for return, due to temperature and packing requirements. Items authorized for return must arrive at our facilities in a state satisfactory for resale to be eligible for Product credit. A restocking charge of 25% or $25 (whichever is greater) shall be charged on returns that are not the result of any error or fault of ours. Hazardous materials authorized for return must be packed, labeled and shipped in accordance with DOT regulations governing transportation of hazardous materials and any other applicable requirements. KeraFAST will not grant credit for: (i) Products which have been discontinued; (ii) Products which are personalized or customized; (iii) Products from The Investigator’s Annexe; (iv) Products not purchased from KeraFAST; (v) Refrigerated or temperature controlled Products; (vi) Products which are outdated, shelf-worn, used or defaced and, therefore, unsuitable for return to stock and resale as new;, (vii) reagents or chemicals which have been opened; and (viii) Products that have been shipped outside the United States.
22. Product Warranty and Disclaimer.
We warrant only that the Products delivered shall conform substantially with the description of such Products as provided on our web Site. THIS WARRANTY IS EXCLUSIVE AND WE MAKE NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Your exclusive remedy against KeraFAST and any Supplier with respect to Products proved to our satisfaction to be defective or nonconforming shall be the replacement of such Product without charge or refund of the purchase price, upon the return of such Product in accordance with our instructions prior to Acceptance. IN NO EVENT SHALL KERAFAST, KERAFAST'S SUBSIDIARIES OR AFFILIATES, OR ANY SUPPLIER 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, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS), EVEN IF WE OR ANY OF OUR SUBSIDIARIES, AFFILIATES OR SUPPLIERS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IF WE DELIVER CUSTOM GOODS FOR YOU BASED ON INSTRUCTIONS, SPECIFICATIONS, OR OTHER DIRECTIONS YOU PROVIDE TO US, KERAFAST, OUR SUBSIDIARIES, AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR THE LACK OF SUFFICIENCY, FITNESS FOR A PARTICULAR PURPOSE OR QUALITY OF THE GOODS TO THE EXTENT ATTRIBUTABLE TO SUCH INSTRUCTIONS, SPECIFICATIONS, OR OTHER DIRECTIONS.
23. Intellectual Property Rights in Products.
We warrant to you that we are authorized to sell the Products on our web Site. If any claim is made against you or us for infringement of any patent, trademark, or copyright ("Intellectual Property") rights of any third party arising from our sale to you of Products on our web Site, we shall assume the defense of any ensuing litigation and conduct all negotiations for settlement of such claims and will bear the costs of any payment of such claims and will bear the costs of any payment made in settlement or resulting from an award; provided that you shall give us prompt notice in writing of any such claim being made or action threatened or brought against you, shall make no admission of liability or take any other action in connection with such matter and shall permit us to defend such claim and shall give all reasonable information, cooperation and assistance to us in relation thereto. The foregoing provisions describe our entire liability to you and your exclusive remedies against us in connection with claims made against you based on or resulting from such infringement of Intellectual Property rights of third parties. If any claim is made against us for infringement of Intellectual Property rights of any third party as a result of your use of Products purchased on our web Site, you shall indemnify us, defend us, and hold us harmless from and against any and all losses, damages, liabilities and expenses, including reasonable attorneys' fees and other costs of defending any action, that we may incur as a result thereof. Furthermore, you agree to fully cooperate with us in the investigation and determination of the facts relating to any such claims, and shall make available to us all statements, reports and tests made by you or made available to you by others relating thereto.
24. Authorized Use of Products.
All KeraFAST Products sold on our web Site are are "FOR RESEARCH USE ONLY AND ARE NOT INTENDED FOR DIAGNOSTIC, THERAPEUTIC OR ANY IN VIVO USE" and are not to be used for any other purposes including, but not limited to, unauthorized commercial purposes. You warrant and represent that you will properly test and use, to the extent authorized, our Products in accordance with the practices of a reasonable person who is an expert in the field, and in strict compliance with all applicable national, state and local laws and regulations. Customer is solely responsible for conducting any research necessary to learn the hazards involved for any of its intended uses of the Products purchased on our web Site and to properly warn your customers, employees and other personnel who may be exposed to such Products of any risks involved in using or handling the Products.
25. Indemnity for Use of Products.
Customer agrees at its own cost and expense to indemnify KeraFAST and its subsidiaries and affiliates (including but not limited to its suppliers), defend us and hold us harmless from and against any and all losses, damages, liabilities and expenses (including reasonable attorneys fees and other similar costs of defending any action) that we may incur as a result of any claim of negligence, breach of implied warranty, strict liability in tort, or other theory of law, relating to actual or alleged actions or omissions by you, your officers, agents or employees, your successors and assigns, or your customers, whether direct or indirect, in connection with the use of any Products sold to you on our web Site by reason of your breach of or failure to perform any of your obligations hereunder. You shall promptly notify us of your receipt of knowledge of any incident involving Products sold hereto resulting in personal injury or damage to property, and you shall fully cooperate with us in the investigation and determination of the cause of such incident and shall make available to us all related statements, reports and tests made by you or made available to you by others.
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© 2012 KeraFAST, Inc. All Rights Reserved. Reproduction of any materials from this Site is strictly forbidden without permission.