NEXGEN PHARM
TERMS AND CONDITIONS
1. INTRODUCTION
These Terms and Conditions (“Terms”) govern your purchase and use of products from NexGen Pharm (“Company,” “we,” “our,” or “us”). By placing an order with us, you agree to be bound by these Terms in their entirety.
2. RESEARCH USE ONLY
2.1. ALL PRODUCTS SOLD BY NEXGEN PHARM ARE INTENDED FOR RESEARCH PURPOSES ONLY.
2.2. By purchasing any product from NexGen Pharm, you explicitly acknowledge and agree that such products:
- Are not intended for use in humans or animals
- Are not for use in diagnostic procedures
- Are not for use in food, drug, cosmetic, household, agricultural, or other non-research applications
- Are not for use in manufacturing processes intended for commercial purposes
2.3. You represent and warrant that you will use the products solely for in vitro and/or laboratory research purposes and in compliance with all applicable laws and regulations.
3. RESTRICTED ACTIVITIES
3.1. You shall not:
- Use any product for any purpose other than research purposes
- Transfer or resell products to any third party unless such third party agrees to be bound by these Terms
- Attempt to reverse engineer, modify, or create derivatives of the products
- Use the products in violation of any applicable law, regulation, or governmental order
4. QUALIFICATIONS AND COMPLIANCE
4.1. You represent that you are:
- Qualified by training and experience to safely handle research materials
- Familiar with all applicable handling, storage, and disposal protocols for research materials
- In compliance with all applicable laboratory safety regulations
4.2. You are solely responsible for compliance with all applicable foreign, federal, state, and local statutes, ordinances, and regulations regarding the purchase, storage, use, and disposal of the products.
5. DISCLAIMER OF WARRANTIES
5.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXGEN PHARM MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5.2. The products are experimental in nature and are provided without warranty as to their performance, merchantability, or fitness for any particular purpose.
6. LIMITATION OF LIABILITY
6.1. IN NO EVENT SHALL NEXGEN PHARM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM YOUR PURCHASE OR USE OF THE PRODUCTS.
6.2. NexGen Pharm shall not be liable for any damages arising from any use of the products for any purpose other than research purposes.
7. INDEMNIFICATION
7.1. You agree to indemnify, defend, and hold harmless NexGen Pharm, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to:
- Your use of the products
- Your violation of these Terms
- Your violation of any rights of another party
- Your use of the products for any purpose other than research purposes
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights in the products and any related materials are the property of NexGen Pharm or its licensors.
8.2. Nothing in these Terms transfers any such intellectual property rights to you except the limited right to use the products for research purposes.
9. TERM AND TERMINATION
9.1. These Terms shall remain in full force and effect for as long as you possess or use any product purchased from NexGen Pharm.
9.2. NexGen Pharm may terminate these Terms at any time if you breach any provision hereof.
9.3. Sections relating to Research Use Only, Restricted Activities, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Intellectual Property shall survive any termination of these Terms.
10. GOVERNING LAW AND JURISDICTION
10.1. These Terms shall be governed by and construed in accordance with the laws of Arizona, United States of America, without giving effect to any principles of conflicts of law.
10.2. Any legal action or proceeding relating to these Terms shall be brought exclusively in the courts of Arizona, United States of America, and you hereby consent to the jurisdiction of such courts.
11. ACKNOWLEDGMENT
11.1. BY PLACING AN ORDER WITH NEXGEN PHARM, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
11.2. You further acknowledge that these Terms represent the complete and exclusive statement of the agreement between you and NexGen Pharm and supersede any proposal or prior agreement, oral or written, and any other communications between you and NexGen Pharm relating to the subject matter of these Terms.
12. CONTACT INFORMATION
12.1. If you have any questions about these Terms, please contact us at:
NexGen Pharm