Terms & Conditions

1 Exclusive terms of sale

(a) 4titude® does not agree to and is not bound by any other terms or conditions, unless a duly authorised officer of 4titude® has expressly agreed to those terms and conditions in writing

(b) These conditions shall be incorporated into the contract to the exclusion of any other terms or conditions stipulated or referred to by the customer

2 Pricing

(a) Where prices are quoted in our catalogue they will be either in pounds sterling (£) or Euros (€) as indicated Where VAT is applicable, the prices quoted are exclusive of VAT, which will be added to UK orders at the rate prevailing at the time of invoice

(b) All prices quoted are exclusive of delivery, which will be charged at cost

(c) All prices are subject to change without notice

(d) UK customers who are VAT exempt must supply a VAT exemption certificate with their order; customers who fail to comply will be charged VAT at the rate prevailing

3 Packaging and delivery

(a) Goods may be despatched by first class mail, express courier, or air freight, the method of despatch to be at 4titude®’s discretion unless otherwise directed. The cost of transport packaging material and, where applicable, dry ice, will be charged to the customer. Where overseas airfreight despatch is necessary, communications notifying the customer of flight details will be included in the delivery charges

(b) Delivery of the goods takes place on their passing from 4titude® to the express courier, airfreight forwarder, postal service or other method of despatch decided by 4titude® in accordance with clause 3(a) above

(c) Late delivery of the goods does not entitle the customer to reject the goods or withhold payment in whole or in part

(d) The Customer is responsible for payment of any import or customs duties or any other tax or fiscal imposition on the goods and for complying with all applicable laws and regulations relating to the import of the goods into the country to which they are delivered

4 Orders

All orders are subject to stock availability and acceptance of your order by 4titude®. Acceptance by 4titude® may be made either by communicating this to you or by supplying the goods that you have ordered

5 Payment

Payment is strictly net 30 days from the date of invoice and must be paid in the currency of the Invoice. An interest charge of 2% per month will be made for all invoices unpaid after this date

6 Returns

(a) No returns can be accepted without prior approval by 4titude®

(b) Claims for damaged goods or delivery discrepancies must be made within 24 hours of receipt of goods and if the claim is initially made orally it must be confirmed in writing within two days containing full details of the claim

(c) 4titude® is not liable for material that becomes defective through improper storage or handling

(d) 4titude® will not be held responsible for any loss, damage or inconvenience to the customer for goods that are lost or damaged in transit. It is the customer’s responsibility to insure the goods during transit if he so wishes

7 Product liability

All products are for in vitro research or manufacturing use only and are not intended for human diagnostic or therapeutic applications

(a) 4titude® shall have no liability to the customer for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or of any negligence, breach of statutory or other duty on the part of 4titude® or arising in other way out of, or in connection with, the performance of or purported performance or failure to perform the contract, except for death or personal injury resulting from the negligence of 4titude® or as expressly stated in these conditions

(b) If the customer establishes that any goods are defective 4titude® shall, at its option, replace with similar goods, repair any defective goods, allow the customer credit for their invoice value or, to the extent that the goods are not of 4titude® manufacture, assign to the customer so far as 4titude® are able to do so any warranties given by the manufacturer of the goods to 4titude®.

(c) Without prejudice to the generality of the foregoing, 4titude® shall not be liable for any loss, whether direct or indirect, of revenue, profit anticipated savings, wasted expenditure or indirect or consequential loss arising from the supply or non-delivery of these products or the use of them by the customer or otherwise arising from this agreement or the performance of it

(d) 4titude®’s liability for failure of goods or services performed by 4titude® is limited strictly to the value of the goods or services supplied

(e) The goods are sold on the understanding that the user is solely responsible for determining the suitability of the goods for the proposed application.

8 Retention of title

(a) The risk in respect of any goods supplied shall pass to the customer on 4titude® delivery of the goods to the carrier for shipment, but the title to the goods shall not pass to the customer until the customer has paid all monies due and owing whether under the appropriate invoice or otherwise. Until the title passes the customer shall hold the goods as bailee for 4titude® and shall store or mark them so that they can at all times be identified as the property of 4titude®

(b) If the customer being a company has a petition presented for its winding up, or passes a resolution for a voluntary winding up (other than for the purpose of a bona fide amalgamation or reconstruction) or, enters into a voluntary arrangement with its creditors, or has a receiver appointed of all or any of its assets, or the customer being an individual or firm becomes bankrupt or insolvent, or enters into a voluntary arrangement with creditors then 4titude® shall be entitled to suspend any further deliveries and any monies owing shall become due immediately regardless of any previous agreement to the contrary

9 Patent and design rights

(a) 4titude® has not and will not knowingly or intentionally infringe the design right, patent, trademark or any other intellectual property right(any of which design right, patent, trademark or any other intellectual property right shall be referred to in this clause as “a relevant right”) of any third party, but if 4titude® shall innocently infringe a relevant right then it shall have no liability for any injury, loss, damage or other expense of whatever nature, whether direct or indirect, which may be suffered by the customer as a result of any action, claim, demand or other proceedings by any third party In this clause 4titude® shall be deemed to have acted innocently unless it is shown that it had actual knowledge that the product goods or services in question were manufactured, produced or supplied in breach of a relevant right

(b) If 4titude® shall receive or be served with any action, claim, demand or other proceedings In which it is alleged that it has infringed a relevant right in respect of products, goods or services which it has agreed to supply to the customer then 4titude® may, at its absolute discretion and without enquiry into the merits of such a claim and without notice, terminate any contract with the customer for the sale or supply of the offending products, goods or services without liability to the customer for any loss, damage or expense suffered by the customer as a result of such termination, although such termination shall be without prejudice to any antecedent breach of contract and 4titude® shall refund to the customer all monies if any, paid by the customer in advance for goods, products or services not supplied

10 Insurances

The customer warrants that it has taken out all necessary public liability and other relevant insurances in respect of any goods, products or services supplied or to be supplied by 4titude® in respect of any and all actions, claims, demands or proceedings made against 4titude®, its employees, servants or agents which relate to any products, goods or services which have been supplied to the customer

11 Governing Law

This agreement shall be governed by and construed and interpreted in accordance with English Law and the parties submit to the jurisdiction of the English Courts

12 Invalidity

If any provision of this agreement is found to be invalid, Illegal or unenforceable by a court or tribunal of competent authority that provision found to be invalid, illegal or unenforceable shall be amended to such an extent as is necessary to make it valid, legal and enforceable13 Notices Any notice which must be given under these Conditions or for any other purpose may be either delivered personally or posted Notice given by post should be to the addresses stated on the invoice and will be deemed served if posted in the UK, then the second business day after the day of posting and if posted outside the UK, then the fifth business day after the day of posting

License Statement and Trademarks

Disclaimer: FrameStar® and FrameStrip® are registered trademarks of 4titude® Limited; Vision Plate™, UltraVision™ Plate, Tear A Way™, Vari-Plate™, Vari-Strip™, CrystalStrips™, Q-Stick™, INDI™, FrameSeal™, 4LAB™, TubeMarker™ and 4s3™ are trademarks of 4titude® Limited; ABi PRISM® is a registeredtrademark of Applera Corporation; Biorad®, BaseStation™ and iCycler™ are trademarks of Biorad Laboratories Inc.; WAVE® is a registeredtrademark of Transgenomic Inc.; MegaBACE is a trademark of Amersham Plc.; Quantica® and Techne® are registered trademarks of Techne Ltd.; Stratagene®, Mx3000™ and Mx4000™ are trademarks of Stratagene Inc.; Biometra® is a registered trademark of Biometra GmbH; DNA Engine™, DNA Tetrad™ and PTC100™ are trademarks of Biorad Laboratories Inc.; Eppendorf® is a registered trademark of Eppendorf-Nethler-Hinz GmbH; Palm Cycler™ is a trademark of Corbett Research; MBS® is a registered trademark of Thermo Electron Corp.; The Q LifeCycler™ is a trademarkof MWG Biotech AG; Takara® is a registered trademark of Takara Shuzo Co. TaqMan® is a registered trademark of Roche Molecular Diagnostics, Inc. ALPS 300™ and ALPS 3000™ are trademarks of Thermo Electron Inc. PlateLoc® is a registered trademark of Velocity 11. LightCycler® is a registered trademark of Hoffmann-La Roche. REMP®, REMP Portrait Heat Sealer™, REMP Stacking Heat Sealer™, REMP EasySealer™ and REMP Landscape Heat Sealer™ are trademarks of REMP AG, Oberdiessbach, Switzerland.

FrameStar® PCR plates are covered by one or more of the following U.S. patents or their foreign counterparts, owned by Eppendorf AG: US PatentNos. 7,347,977 and 6,340,589