TERMS AND CONDITIONS OF SALE

1. All orders are subject lo acceptance by BioGenex and to product availability. Delivery dates are estimates and BioGenex shall have no liability for delays. Customer grants BioGenex a security interest in the products until they are paid in full.
2. BioGenex reagents are covered by the following Total Quality Assurance policy: if you are not completely satisfied with the quality of our reagents, you may return them to us for a refund or replacement, at our option. Customer should contact BioGenex Customer Service for assistance-in returning any products. Returns can only be accepted with BioGenex’s return identification number(s) and authorization. BioGenex’s liability is limited to a refund or replacement, at BioGenex’s option. Returns which are not caused by unsatisfactory product performance, must be made within thirty (30 days of delivery and will be subject to a thirty percent (30%) processing fee.
3. BioGenex’s Total Quality Assurance policy is the customer’s exclusive remedy for any defects or deficiencies in the products and for BioGenex’s performance. THERE ARE NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITH OUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
4. All prices quoted are in U.S. dollars. exclusive of State and County sales tax, which are added to the invoice where applicable.
5. Freight charges are prepaid and added to the invoice.
6. Upon credit approval, BioGenex invoices are due net thirty (30) days from the invoice date. Overdue accounts are subject to a finance charge of 1.5% per month (18% per annum).
7. BIOGENEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT  IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. BIOGENEX’S TOTAL LIABILITY FOR ANY ORDER SHALL NOT EXCEED THE  AMOUNT PAID BY THE CUSTOMER UNDER SUCH ORDER.
8. The terms and conditions set forth here constitute the entire agreement between the parties with respect to the products purchased hereunder. Any additional, different or inconsistent terms and conditions in a purchase order form or like forms used by customer to purchase, change, accept or otherwise process the orders  are objected to and not binding on BioGenex. This agreement between the parties shall be governed by the laws  of the State of California without regard to its conflict of law rules. It is agreed that all disputes arising  out of or related to this agreement shall be resolved solely in the U.S. District Court for the Northern District of California or in the state courts in Contra Costa Country. California.