Terms & Conditions

Orders may be placed by phone, fax, email or by mail and in the United States on this website. (See How to Place An Order.) The following information is required:

• Name of Institution
• Delivery and Invoice Addresses
• Purchase Order Number or Credit Card Number (inquire)
• Product Catalog Number and Description
• Quantity/Size of Product
• Name of End User (optional, but preferred)
• Telephone Number
• VAT Exemption Certificate or E.C. Equivalent

By placing an order, you agree as follows:

Pricing and Payment Terms

Prices are subject to change without notice. Payment terms are Net 30 days from receipt of invoice. Past due payments shall accrue interest at the rate of 1.5% per month or the maximum legal rate, whichever is lower. These terms shall prevail, notwithstanding any purchase order or other terms. Active Motif does not agree and is not bound by any other terms or conditions that have not been expressly agreed to in writing by a duly authorized officer of Active Motif. Sales, use, VAT and other taxes are not included in quoted prices and will be added to your invoice.

Shipping

All orders are shipped FCA Active Motif, Inc.’s or its affiliate’s shipping facility and all products are deemed sold and delivered at such facility. Shipping and handling costs are prepaid and added to the invoice. Active Motif reserves the right to select the packaging and shipping method, which will ensure the stability of product and efficient shipment tracking. If an alternate shipping method is specified, Active Motif may charge a handling fee. Domestic orders normally ship by overnight air express.

Order Confirmation and Duplication

Written confirmation of a telephone or fax order is not required. However, if confirmation of an order is sent, it should be prominently marked, "CONFIRMING ORDER, DO NOT DUPLICATE." Duplicate shipments due to incorrectly marked confirming orders will be subject to a Returned Goods Charge of 20% of the List Price(s) of the product(s) returned, plus shipping and handling charges. Full credit cannot be issued for returned goods as all products are perishable and the quality of returned goods cannot be assured.

Permitted Use; Resale Prohibited

In the absence of an express written agreement to the contrary, all products are sold by Active Motif for 1) research purposes only and 2) the exclusive use of the original purchaser, and are not to be resold.

Claims and Returns

Any claims for credit or return goods requests must be made within 10 days of receipt. Active Motif will not accept returned products without prior authorization. No credit will be issued for product returned without prior authorization. To obtain return goods instructions, please contact our Customer Service Department. If an error by Active Motif results in shipment of an incorrect order, Active Motif will, at its option, either ship a replacement order at no charge or credit the customer’s account for the original product shipped in error.

If an error by the customer results in the shipment of an incorrect order and is reported to Active Motif within 10 days, the customer may obtain returned goods authorization and return the product(s) for partial credit. Full credit cannot be issued for returned goods as all products are perishable and the quality of returned goods cannot be assured.

Product credit made not be used if you have a net balance due on your account.

Warranty & Indemnity

Product information is subject to change. Before ordering, please review the product specifications as published on our website, or call and request product specifications from Active Motif or from your distributor. Product information on the website reflects, in general, the applications and conditions for use. Products should be used in accordance with the documentation shipped with the product. Active Motif reserves the right to change product specifications without prior notification. All products supplied by Active Motif are warranted for 6 months from receipt to meet or exceed our published specifications when used under normal conditions in your laboratory. Should any product fail during the warranty period to perform as warranted, upon notification, Active Motif shall promptly replace it, free of charge. Our obligation, and your sole remedy, is limited to such replacement of the product or, at the option of Active Motif, full credit of the original purchase price and the shipping and handling charges.

ACTIVE MOTIF DOES NOT MAKE ANY OTHER WARRANTY OR REPRESENTATION WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THESE PRODUCTS. IN PARTICULAR, ACTIVE MOTIF DOES NOT MAKE ANY WARRANTY OF SUITABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCT. IN NO EVENT SHALL ACTIVE MOTIF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

You assume the risk for any use or transfer of products by you or others subsequent to your receipt thereof. You shall, at your own expense, indemnify us, defend us and hold us harmless from and against any and all losses, damages and expenses (including reasonable attorneys’ fees and other costs of defending any action) that we may incur as a result of any claim, whether breach of contract or implied warranty, tort claim, or other cause of action, by you, your officers, agents or employees, your successors and assigns, and any third parties including your customers, whether direct or indirect, in connection with your use, storage or transfer of any of our products delivered to you, or by reason of your breach of or failure to perform any of your obligations hereunder, except to the extent caused by a breach by us of the express warranty set forth above. You shall notify us promptly of any incident involving products sold pursuant hereto resulting in personal injury or damage to property, and you shall fully cooperate with us in the investigation of such incident and provide us with all related statements, reports and tests available to you.

Governing Law and Venue

This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to the principles of conflicts of laws. Any legal proceeding or action related to this contract, Active Motif products or orders shall be heard exclusively in the federal or state courts in San Diego County, California.