Terms & conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY.

By purchasing product, software or services, or receiving a quote for product, software or services, or continuing use of this website, you are agreeing to the terms and conditions outlined below.

Terms & Conditions

Prices; Errors; Changes

Prices include standard packaging in accordance with common carrier requirements. Shipping charges are additional and are listed on the GT Molecular shipping information page. Prices are subject to change without notice, and GT Molecular reserves the right to discontinue any items without notice. Applicable federal, state and local taxes are the responsibility of the customer and are not included in the price quoted to the customer.

In the event that any GT Molecular product is mistakenly listed at an incorrect price, GT Molecular reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. GT Molecular reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and customer’s credit card charged. If customer’s credit card has already been charged for the purchase and the order is cancelled, GT Molecular shall issue a credit to the customer’s credit card account in the amount of the incorrect price.

GT Molecular may at any time make changes in the specifications, designs, drawings, samples, qualities, prices, terms, conditions, requirements or descriptions to its products or services. GT Molecular shall not be bound by the descriptions or specifications, or any other information contained in, any advertisement, publication, booklets or pamphlets of GT Molecular.

Orders & Acceptance

GT Molecular reserves the right to refuse any and all orders placed by the customer (purchaser) that do not meet GT Molecular’s current ordering terms. The customer must provide GT Molecular with a written or facsimile copy of a firm, non-cancelable purchase order for the products and/or services requested to be delivered to the customer by GT Molecular. Purchase orders may also be submitted to: info@gtmolecular.com. The pricing listed on the purchase order must match pricing approved by GT Molecular for that order. Once the order is accepted by GT Molecular, no price changes will be applicable, unless covered by a separate, written agreement. Issuance of a purchase order by the customer means that the customer has fully accepted all of GT Molecular terms and conditions, including payment terms, set forth in these terms and conditions. No other terms or conditions shall be binding upon GT Molecular, unless covered by separate, written agreement signed by GT Molecular. ANY TERMS AND CONDITIONS SET FORTH ON THE CUSTOMER’S PURCHASE ORDER SHALL BE DEEMED NULL AND VOID AND GT MOLECULAR SHALL NOT BE BOUND BY ANY SUCH TERMS AND CONDITIONS. THE TERMS AND CONDITIONS HEREOF SHALL BE DEEMED TO SUPERSEDE AND REPLACE ANY TERMS AND CONDITIONS SET FORTH IN THE CUSTOMER’S PURCHASE ORDER.

Returns & Cancellations

Contact info@gtmolecular.com for a return authorization and shipping instructions. Authorized returns will be issued a Return Materials Authorization (RMA) number, which must appear on the outside and inside of all parcels containing returned merchandise. All freight must be prepaid by the customer. GT Molecular has the right to refuse returns. Accepted returns will be processed according to GT Molecular’s published warranty terms. Refunds will not be issued. Orders cancelled prior to shipment or after shipment are subject to a restocking fee of 20% of the order price. Items returned must arrive at GT Molecular’s offices within 15 days of original shipment and remain unopened in the original packaging. Custom orders, including cables, will be subject to a cancellation fee equal to the full purchase price.

Payment Terms

GT Molecular is pleased to extend terms of net 30 days to customers who have established a credit account with us. For new account holders, a credit approval will be required unless paying by credit card. Credit applications are available upon request. A bank reference and three trade references are required. Payments are due 30 days from the date of the invoice. All past due invoices and uncollected funds shall be charged interest at a rate of 1.5% per month. If a credit card is used for payment of late invoice(s), a 3% surcharge will be added to cover the additional cost. The customer agrees to pay all collection costs, including attorneys’ fees, costs of collection and any penalty charges if collection services on the account become necessary. All international orders require an irrevocable letter of credit from a U.S. bank or electronic wire transfer of funds with order. Letter of credit and wire transfer fees will be added to the invoice at a rate of $350 and $30 respectively.

Shipment

Shipment within the U.S. is F.O.B. GT Molecular’s dock in Fort Collins, Colorado. Title and risk of loss will pass from GT Molecular to customer upon pickup by common carrier at GT Molecular’s dock. All orders from GT Molecular are shipped by FedEx, D.H.L. or U.P.S. depending on customer’s request. International orders are shipped by air unless otherwise requested. GT Molecular insures all orders, unless instructed differently. All shipping costs and insurance are pre-paid by GT Molecular and billed to customer, unless otherwise requested and agreed upon by GT Molecular.

For international orders shipment is FCA GT Molecular’s dock in Fort Collins, Colorado, USA, if picked-up by forwarder, freight carrier, or shipped on courier account. Shipment is CPT Importing Country’s Port of Entry if shipped using GT Molecular’s FedEx account. Shipment can be CIP Importing Country’s Port of Entry in cases where a Letter of Credit is used, or upon customer request. Title and risk of loss will pass from GT Molecular to customer upon pickup by common carrier at GT Molecular’s dock, except in the case of specific clauses in a Letter of Credit. Customer must supply all forwarder contact information and/or shipping account numbers at the time the order is placed.

GT Molecular packages all products to meet the carrier’s requirements. Equipment is checked prior to shipping and leaves GT Molecular in operating condition. Customer must examine all shipments immediately upon receipt. Customer must notify GT Molecular of any shortages within 10 days of receipt of shipment. If the shipment is damaged, customer must notify GT Molecular and file a claim with the carrier immediately. GT Molecular will advise customer and assist in any claims to the carrier. All claims must be made within 10 days of receipt of shipment. In the event that no claim is made within 10 days of receipt of shipment, the products shall be deemed to be accepted by customer.

Termination

These terms and conditions are applicable to customer upon customer’s accessing this site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated, modified or amended by GT Molecular without notice at any time, for any reason. The provisions relating to Intellectual Property, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Intellectual Property

All intellectual property rights relating to GT Molecular’s products and services, including any modifications, alterations, enhancements and derivative works, as between customer and GT Molecular, are solely and exclusively owned by GT Molecular or its licensors. Unless otherwise expressly provided, GT Molecular’s sale of products and/or services to customer only grants customer a limited, non-transferable, non-sublicensable right under such intellectual property, for customer to use the quantity of the products purchased from GT Molecular. No right to resell GT Molecular products or any of their components is conveyed expressly, by implication, or by estoppel. Nothing in these terms and conditions limits GT Molecular’s right to enforce its intellectual property rights.

Customer shall immediately notify GT Molecular in writing of any intellectual property claim against customer in relation to the products or services. In the event that GT Molecular choses to defend the claim, customer shall (i) not admit any liability or take any action in connection with the claim, (ii) give GT Molecular sole control of the defense or settlement of any such claim, and (iii) provide reasonable information and assistance in such defense. If GT Molecular concludes that the products or services infringe the intellectual property rights of a third party, GT Molecular may in its sole discretion (i) secure the right for customer to continue use of the products or services, (ii) replace the products or services with similar products or services, or (iii) require customer to return the products or cease using the services and provide customer with a refund of the purchase price, with a deduction in a reasonable amount for the services provided and the products’ use, damage, and obsolescence.

GT Molecular shall have no responsibility under this section to the extent the products or services (i) are supplied according to customer’s design or instructions, (ii) are modified by customer after delivery, (iii) are combined with other devices, methods, systems or processes not furnished by GT Molecular without its written consent, or (iv) are not used in conformity with GT Molecular’s published instructions.

CUSTOMER MAY NOT DISASSEMBLE, DECOMPILE OR REVERSE ENGINEER, COPY, MODIFY, ENHANCE OR OTHERWISE CHANGE OR SUPPLEMENT ANY PRODUCTS (INCLUDING THE SOFTWARE) WITHOUT GT MOLECULAR’S PRIOR WRITTEN CONSENT.

Software

With respect to any software incorporated in the products, GT Molecular hereby grants to customer a royalty-free, non-exclusive, non-sublicensable, and non-transferable license to use the software and any related documentation provided to customer by GT Molecular solely for customer’s business purposes and solely in conjunction with GT Molecular’s published instructions and specifications. Customer acknowledges and agrees that the software and related documentation is provided under license, and not sold, to customer. Customer does not acquire any ownership interest in the software and related documentation. Customer shall only use the software solely as set forth in the documentation provided by GT Molecular. Customer shall not to sell, transfer, license, loan or otherwise make available in any form to third parties the software and related documentation provided hereunder. The software may contain software, content, data, or other materials, including related documentation, that are owned by parties other than GT Molecular and are provided to customer on terms that are in addition to or different from those contained in this Agreement. Customer is bound by and will comply with all third-party licenses and any breach of any third-party license shall be a breach of these terms and conditions. Customer is responsible and liable for all uses of the software and documentation provided by GT Molecular. GT Molecular may, at its sole discretion, terminate this license if customer fails to comply with any term or condition herein. Customer shall, upon termination of this license, immediately cease use of and return to GT Molecular all software and related documentation to include all copies. GT Molecular will provide maintenance and support for the software under its standard operating procedures.

Automatic Software Updates

GT Molecular may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the GT Molecular devices and services. These may be automatically installed without providing any additional notice or receiving any additional permissions from you. You agree to receive these automatic updates and acknowledge that the only way to decline these updates is to stop using the GT Molecular devices and services.

WARRANTY AND INDEMNITY; LIMITATION OF LIABILITY

Unless a different express, written warranty is included in documentation or agreed expressly in writing with the customer, GT Molecular warrants that: (a) new products shall operate in material conformance with GT Molecular’s published specifications, and shall be free from defects in material and workmanship when subjected to normal, proper and intended usage by properly trained personnel, until the stated expiration date of such products;; (b) each consumable shall conform to GT Molecular’s published specifications until the consumable’s expiry date; and (c) services will be performed with reasonable care and skill.

If any products fail to meet the warranty set forth above, customer must notify GT Molecular in writing during the relevant warranty period and as soon as reasonably practicable after discovery of such failure. Customer shall follow GT Molecular’s instructions as to any return process, and where so instructed, shall obtain from GT Molecular a return materials authorization number, for return of corresponding products to GT Molecular. For any valid warranty claims timely made in GT Molecular’s determination, GT Molecular shall, at its sole discretion, either replace or repair the defective products, or provide customer with a credit for the price paid for the defective products that have been returned to GT Molecular. For any valid claims timely made with respect to any services, GT Molecular shall, at its sole discretion, either re-perform the services or refund to Customer the price charged for the services. The foregoing states the total liability of GT Molecular for any breach of warranty hereunder.

EXCEPT WHERE EXPRESSLY STATED IN ABOVE, ALL PRODUCTS, SERVICES AND ANY OTHER ITEMS DELIVERED TO CUSTOMER ARE PROVIDED ON AN “AS IS” BASIS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY OTHER WARRANTIES (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT), WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, USAGE OR TRADE, AS TO THE PRODUCTS, SERVICES OR ANY OTHER ITEMS DELIVERED TO CUSTOMER ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL GT MOLECULAR BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND RELATING TO THE PRODUCTS OR SERVICES PROVIDED, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES BEFOREHAND, AND INCLUDING WITHOUT LIMITATION LIABILITY FOR LOSS OF USE, LOSS OF WORK IN PROGRESS, DOWN TIME, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS, OR ANY LIABILITY TO A THIRD PARTY AS TO ANY OF THE FOREGOING.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF GT MOLECULAR SHALL BE LIMITED TO THE LOWER OF: (A) THE PRICE PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES AT ISSUE; OR (B) TEN THOUSAND DOLLARS ($10,000). IN ALL CASES, THE CUSTOMER SHALL HAVE A DUTY TO MITIGATE ANY LOSS SUFFERED BY IT.

Other than as arising from a material breach by GT Molecular, customer shall: (a) fully indemnify GT Molecular against any loss, damage or injury (including injury resulting in death) to property or persons sustained by: (i) GT Molecular, (ii) customer and customer’s personnel or affiliates, and (iii) any third party, where such loss, damage or injury arising from or in connection with, the failure of customer to comply with these terms and conditions or any negligent act or omission of customer or customer’s personnel or affiliates; and (b) fully indemnify GT Molecular against all damages, costs, expenses (including professional fees) and losses suffered or incurred by GT Molecular as a result of, or in connection with any third party claim brought against GT Molecular arising from or in connection with death, injury, damage or loss occasioned by the use made of the products or services, including without limitation any use of products in breach of these terms and conditions.

Use Restrictions

Customer is not licensed to, and agrees not to, directly or indirectly: (a) resell, transfer, or distribute any GT Molecular-supplied products, directly or indirectly to any third party for any purpose or use, unless otherwise authorized by GT Molecular in writing customer also agrees not to export or re-export products from the country or region in which products were originally purchased. The products are subject to United States, European Union and local export-control laws and regulations.

Compliance with Laws

Customer shall comply with all applicable laws and regulations (including without limitation the applicable laws, regulations, orders and policies of any jurisdiction in which products are provided or services are performed), including, without limitation any laws and regulations related to anti-corruption, import/export, labor, employment, anti-discrimination, anti-harassment, anti-slavery, human trafficking, freedom of association, health and safety, environmental protection, hazardous substances, pollution, waste management, recycling and intellectual property. Customer shall not take any action that would subject GT Molecular or any of its affiliated companies to any liability or penalty under any applicable law or regulation. Customer shall not directly or indirectly, make any offer, promise, authorization or payment of anything of value for the purpose of securing discretionary action or inaction or a decision of a government official or any other person or any improper advantage in connection with the receipt of products or services. Customer shall not attempt to solicit any kickback or gratuity from GT Molecular employees.

Notice

GT Molecular may deliver notice to customer by means of e-mail, a general notice on the site, or by other reliable method to the address customer has provided to GT Molecular.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any GT Molecular or other licensed employee, host or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; that may constitute or encourage a criminal offense or violate the rights of any person; or that may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

GT Molecular does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, GT Molecular is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, GT Molecular reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to GT Molecular in its sole discretion.

Third-Party Links

In an attempt to provide increased value to our visitors, GT Molecular may link to sites operated by third parties. However, even if the third party is affiliated with GT Molecular, GT Molecular has no control over these linked sites, all of which have separate privacy and data collection practices, independent of GT Molecular. These linked sites are only for your convenience and therefore, you access them at your own risk. Nonetheless, GT Molecular seeks to protect the integrity of its web site and the links placed upon it and therefore, requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

DISCLAIMER

DUE TO CONTINUING PRODUCT DEVELOPMENT, GT MOLECULAR RESERVES THE RIGHT TO ALTER SPECIFICATIONS OF ANY OF ITS PRODUCTS OR SERVICES WITHOUT PRIOR NOTICE. GT MOLECULAR ALSO RESERVES THE RIGHT TO ALTER THESE TERMS AND CONDITIONS PRIOR TO ACCEPTANCE OF THE ORDER.

Choice of Law

The use of this site and the terms and conditions for the purchase of any products and services shall be governed by and construed in accordance with the laws of the state of Colorado. The state and federal courts located in Fort Collins, Colorado U.S.A. shall have sole jurisdiction over any disputes arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts.

No Third-Party Beneficiaries

The terms and conditions are for the sole benefit of customer and GT Molecular and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever hereunder.

Force Majeure

GT Molecular shall not be liable for any delay or failure of performance, including without limitation, the failure to deliver products or services, where such delay or failure arises or results from any cause beyond the reasonable control of GT Molecular, including but not limited to, flood, unusually severe weather, earthquake or other act of nature, power loss, strike, boycott, or other labor disputes, embargo, governmental regulation, governmental shutdown orders, pandemics or an inability or delay in obtaining materials. In the event of such delay or failure of performance, GT Molecular shall have such additional time within which to perform its obligations hereunder as may be reasonably necessary under the circumstances.

How to Contact Us

If you have questions about GT Molecular’s terms and conditions and/or its privacy statement or if you would like to inquire about your personal data, including modifying or removing your data from our database, please use our Contact Us form, or contact us at the following addresses:

GT Molecular, Inc. (Corporate Headquarters)

221 East Lincoln Ave

Fort Collins, CO 80524

United States