Complex Carbohydrates
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modifications to the information at any time without prior
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rights to the fullest extent of the law.
COPYRIGHT NOTICE
Copyright in this document is owned by CarboMer, Inc. Individuals are authorized to view, copy,
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1. The document may be used for informational purposes only.
2. The document may only be used for non-commercial purposes.
3. Any copy of this document or portion thereof must include this copyright notice.
Unauthorized reproduction of CarboMer Web sites and the material and/or
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Nothing contained herein shall be construed as conferring, by implication, or otherwise, any
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TRADEMARKS
Note that any product, process or technology, described here
("Information") may be the subject of Intellectual Property rights
reserved by CarboMer, Inc. or others and are not licensed hereunder.
CarboMer makes no representation or warranties, express or implied that
any use of this Information will not violate any such Intellectual
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CarboMer, Inc. assumes no legal responsibility for use or reliance upon
these data.CarboMer, Inc.and its affiliates ("CarboMer") shall not be
responsible for the use of any information, product, method or
technology herein presented ("Information"). Users must make their
determination as to its suitability and completeness for use and for
health and safety purposes, and assume the entire risk of relying on
this Information. This information is furnished without warranty,
expressed or implied, except that it is accurate to the best knowledge
of CarboMer, Inc. CarboMer shall in no event be responsible for damages
of any kind whatsoever resulting from the use of or reliance upon this
Information. By providing this Information, CarboMer neither can nor
intends to control the method or manner by which users apply, handle,
store or transport CarboMer products.
Nothing herein shall be construed as a recommendation or license to use
any Information that conflicts with any patent, trademark or copyright
of CarboMer or others. CarboMer makes no representations or warranties,
express or implied that any use of this Information will not infringe
any such patent, trademark or copyright.
Material Safety Data Sheets providing safety precautions that should be
observed in handling and storing CarboMer products are available on
request. Users should obtain and review the available material safety
information before handling any of these products. If any materials are
mentioned that are not CarboMer products, appropriate industrial
hygiene and other safety precautions recommended by their manufacturers
should be observed.
CARBOMER MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY
OTHER NATURE REGARDING THIS INFORMATION, AND NOTHING HEREIN WAIVES ANY
OF CARBOMER'S CONDITIONS OF SALE.
THIS INFORMATION COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE
CHANGES WILL BE INCORPORATED IN REVISIONS OF THE INFORMATION. CARBOMER,
INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED IN THIS INFORMATION AT ANY TIME.
For questions or comments, contact us at
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or call 1-858-552-0992.
PRIVACY AND DATA SECURITY
At CarboMer, your right to privacy and data security is a key concern.
Your personal information will not be offered or sold to third parties
for marketing or solicitation without your consent. We pledge to
maintain the confidentiality of your personal information. It will be
used only to enhance your relationship with CarboMer. Additionally,
internal practices help protect your privacy by limiting employee
access to and use of customer data. CarboMer will send e-mail only to
customers when we believe they have an interest in receiving it. At any
time, you have the right to 'opt out' of receiving future
communications.
CarboMer's priority is to provide you with a secure online environment.
We recognize that your privacy and security are of utmost importance,
and make every effort to ensure that your personal information is
safeguarded.
LINKS TO OTHER SITES
As a useful resource to our visitors, CarboMer provides links to other
Web sites. However, CarboMer has no control over these sites. We cannot
guarantee, and make no representations as to, their accuracy. Links to
other sites are provided only as a convenience to our users.
INFORMATION DEEMED NON-CONFIDENTIAL Should any viewer of the CarboMer Web site respond with information,
including feedback data, questions, comments, suggestions, ideas or the
like (excluding personally identifiable information such as name,
address, telephone number, e-mail address, such information shall be
deemed to be non-confidential, and CarboMer shall have no obligation of
any kind with respect to such information and shall be free to
reproduce, disclose, and distribute the information to others without
limitation and to use any ideas, concepts, know-how, or techniques
contained in such information for any purpose whatsoever, including,
but not limited to, developing, manufacturing, and marketing products
incorporating such information.
SAMPLE POLICY
We do not provide free samples of materials, but offer our products in research quantities
TERMS AND CONDITIONS OF SALE 1. Acceptance - All sales are subject to and expressly conditioned upon
the terms and conditions contained herein, and upon buyer's assent
thereto. No variation of these terms and conditions will be binding
upon CarboMer, unless agreed to in writing and signed by an officer or
other authorized representative of CarboMer.
2. Changes - Orders may be changed only by written agreement signed by
both Buyer and CarboMer within three (3) days of placing an order.
Buyer may not cancel this order without CarboMer's written agreement.
In such cases, CarboMer will advise Buyer of the charge for such
cancellation, and Buyer agrees to pay these charges, including, but not
limited to, storage and shipment costs, costs of producing non-standard
materials, costs of purchasing non-returnable materials, cancellation
costs imposed on CarboMer by its suppliers, and any other cost
resulting from cancellation of this order by Buyer that is permitted by
CarboMer.
3. Delivery, claims, delays - All sales are FCA CarboMer's shipping
point unless otherwise noted. If Shipping and Handling Charges are
quoted or invoiced, they will include charges in addition to actual
freight costs. Delivery of the goods to the carrier at CarboMer's
shipping point shall constitute delivery to Buyer and Buyer shall bear
all risk of loss or damage in transit, CarboMer reserves the right at
its discretion to determine the exact shipment method, and to make
delivery in installments, all such installments to be separately
invoiced and paid for when due per invoice, without regard to
subsequent deliveries. Delays in delivery of any installment shall not
relieve Buyer of Buyer's obligations to accept remaining deliveries.
Immediately upon Buyer's receipt of any goods shipped hereunder, Buyer
shall inspect the same and shall notify CarboMer in writing of any
claims for shortages, defects or damages within five days of receipt
and shall hold the goods for CarboMer's written instructions concerning
disposition. If Buyer shall fail to so notify CarboMer within five days
after the goods have been received by Buyer, such goods shall
conclusively be deemed to conform to the terms and conditions hereof
and to have been irrevocably accepted by the Buyer. CarboMer shall not
be liable for any loss, damage or penalty as a result of any delay in
or failure to manufacture, deliver or otherwise perform hereunder due
to any cause beyond CarboMer's reasonable control, including, without
limitation, unsuccessful reactions, act of Buyer, embargo or other
governmental act, regulation or request affecting the conduct of
CarboMer's business, fire, explosion, accident, theft, vandalism, riot,
acts of war, strikes or other labor difficulties, lightning, flood,
windstorm or other acts of God, delay in transportation, or inability
to obtain necessary labor, fuel, materials, supplies or power at
current prices.
4. Payment - Terms of sale are net 15 days of date of invoice, unless
otherwise stated. In the event that Buyer defaults in the payment of
the purchase price or otherwise, of this or any other order, CarboMer,
at its option, without prejudice to any other of CarboMer's lawful
remedies, may defer delivery, cancel this Contract, or sell any
undelivered products on hand for the account of Buyer and apply such
proceeds as a credit, without set-off or deduction of any kind, against
the contract purchase price, and Buyer agrees to pay the balance then
due to CarboMer on demand. Buyer agrees to pay all costs, including,
but not limited to, reasonable attorney and accounting fees and other
expenses of collection resulting from any default by Buyer in any of
the terms hereof.
5. Pricing - Prices shown are in US dollars. Please call us for current
prices if you require this information prior to placing your order. We
guarantee our written quotations for 30 days. When placing your order,
please reference our quoted prices or our pro forma number. If you
place your order by phone, we will confirm our current price at that
time.
6. Warranties - CarboMer
warrants that its products shall conform to the description of such
products as provided to Buyer by CarboMer through CarboMer's catalog,
website. analytical data or other literature. THIS WARRANTY IS
EXCLUSIVE, AND CARBOMER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CarboMer's warranties
made in connection with this sale will not be effective if CarboMer has
determined, in its sole discretion, that Buyer has misused the products
in any manner, has failed to use the products in accordance with
industry standards and practices, or has failed to use the products in
accordance with instructions, if any, furnished by CarboMer.
CarboMer's sole and exclusive liability and Buyer's exclusive remedy
with respect to products proved to CarboMer's satisfaction to be
defective or nonconforming will be replacement of such products without
charge or refund of the purchase price, in CarboMer's sole discretion,
upon the return of such products in accordance with CarboMer's
instructions. CARBOMER WILL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR
FAILURE OF THE PRODUCTS, EVEN IF CARBOMER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE INCLUDING, WITHOUT LIMITATION, LIABILITY FOR
LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR
PROFITS, FAILURE TO REALIZE SAVINGS, LOSS OF PRODUCTS OF BUYER OR OTHER
USE OR ANY LIABILITY OF BUYER TO A THIRD PARTY ON ACCOUNT OF SUCH LOSS,
OR FOR ANY LABOR OR ANY OTHER EXPENSE, DAMAGE OR LOSS OCCASIONED BY
SUCH PRODUCT INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE UNLESS SUCH
PERSONAL INJURY OR PROPERTY DAMAGE IS CAUSED BY CARBOMER'S GROSS
NEGLIGENCE. All claims must be brought within one (1) year of shipment,
regardless of their nature.
7. Buyer's use of products - CarboMer's products are intended primarily
for laboratory research purposes and, unless otherwise stated on
product labels, in CarboMer's catalog or in other literature furnished
to Buyer, are not to be used for any other purposes, including but not
limited to, in vitro diagnostic purposes, in foods, drugs, medical
devices or cosmetics for humans or animals or for commercial purposes.
Buyer acknowledges that the products have not been tested by CarboMer
for safety and efficacy in food, drug, medical device, cosmetic,
commercial or any other use, unless otherwise stated in CarboMer's
literature furnished to Buyer. Buyer expressly represents and warrants
to CarboMer that Buyer will properly test, use, manufacture and market
any products purchased from CarboMer and/or materials produced with
products purchased from CarboMer in accordance with the practices of a
reasonable person who is an expert in the field and in strict
compliance with all applicable laws and regulations, now and
hereinafter enacted. Buyer further warrants to CarboMer that any
material produced with products from CarboMer shall not be adulterated
or misbranded within the meaning of the Federal Food, Drug and Cosmetic
Act and shall not be materials which may not, under Sections 404, 505,
or 512 of the Act, be introduced into interstate commerce.
Buyer realizes that, since CarboMer's products are, unless otherwise
stated, intended primarily for research purposes, they may not be on
the Toxic Substances Control Act (TSCA) inventory. Buyer assumes
responsibility to assure that the products purchased from CarboMer are
approved for use under TSCA, if applicable. Buyer assumes the
responsibility to verify the hazards and to conduct any further
research necessary to learn the hazards involved in using products
purchased from CarboMer. Buyer also has the duty to warn any Buyer's
customers and any auxiliary personnel (such as freight handlers, etc.)
of any risks involved in using or handling the products. Buyer agrees
to comply with instructions, if any, furnished by CarboMer relating to
the use of the products and not misuse the products in any manner. If
the products purchased from CarboMer are to be repackaged, relabeled or
used as starting material or components of other products, Buyer will
verify CarboMer's assay of the products. No products purchased from
CarboMer shall, unless otherwise stated, be considered to be cosmetics,
drugs, foods or medical devices.
8. Buyer's Representations and Indemnity - Buyer represents and
warrants that it shall use all products ordered herein in accordance
with Paragraph No. 7 "Buyer's Use of Products", and that any such use
of products will not violate any law or regulation. Buyer agrees to
indemnify and hold harmless CarboMer, its employees, agents,
successors, officers, and assigns, from and against any suits, losses,
claims, demands, liabilities, costs and expenses (including attorney
and accounting fees) that CarboMer may sustain or incur as a result of
any claim against CarboMer based upon negligence, breach of warranty,
strict liability in tort, contract, or any other theory of law brought
by Buyer, its officers, agents, employees, successors or assigns, by
Buyer's customers, by end users, by auxiliary personnel (such as
freight handlers, etc.) or by other third parties, arising out of,
directly or indirectly, the use of CarboMer's products, or by reason of
Buyer's failure to perform its obligations contained herein. Buyer
shall notify CarboMer in writing within fifteen (15) days of Buyer's
receipt of knowledge of any accident, or incident involving CarboMer's
products which results in personal injury or damage to property, and
Buyer shall fully cooperate with CarboMer in the investigation and
determination of the cause of such accident and shall make available to
CarboMer all statements, reports and tests made by Buyer or made
available to Buyer by others. The furnishing of such information to
CarboMer and any investigation by CarboMer of such information or
incident report shall not in any way constitute any assumption of any
liability for such accident or incident by CarboMer.
9. Returns -
Goods
may not be returned for credit except with CarboMer's permission, and
then only in strict compliance with CarboMer's return shipment
instructions. Certain items may not be returned for credit. These items
include: diagnostic reagents, refrigerated or frozen products; reagents
and standards that have passed their expiration dates; custom synthesis products or special orders; and products missing labels, Any returned items are subject to a 25% processing fee.
10. Miscellaneous CarboMer's
failure to strictly enforce any term or condition of this order or to
exercise any right arising hereunder will not constitute a waiver of
CarboMer's right to strictly enforce such terms or conditions or
exercise such right thereafter. All rights and remedies under this
order are cumulative and are in addition to any other rights and
remedies CarboMer may have at law or in equity. Any waiver of a default
by Buyer hereunder must be in writing and shall not operate as a waiver
of any other default or of the same default thereafter.
If any provision of this Agreement shall be held to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the
remaining provisions will not be affected or impaired thereby. The
paragraph headings herein are for convenience only; they form no part
of the terms and conditions and shall not affect their interpretation.
This Agreement shall be binding upon, inure to the benefit of, and be
enforceable by, the parties hereto, and their respective heirs,
personal representatives, successors and assigns.
11. Governing Law -
All
disputes as to the legality, interpretation, application, or
performance of this order or any of its terms and conditions will be
governed by the laws of the State of California without regard to its
conflict of laws principles. In Addition, PURSUANT TO ARTICLE 6 OF THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF
GOODS, THE UN CONVENTION SHALL NOT APPLY TO THIS AGREEMENT. Each party
to this order agrees that any dispute arising between them that results
in either party instituting court proceedings will be litigated in the
United States District Court for the Southern District of California.
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