Life Technologies Corporation will provide you with an onsite product availability program referred to as the Supply Center, which you agree to accommodate under the following terms:

Equipment

  • We will provide storage equipment as specified on the quotation and marked as part of the Supply Center for storage of product.
  • You will be responsible for maintenance and repair of storage equipment. We may in our sole discretion repair or replace storage equipment or Express Check-out Equipment as needed.
  • You will not store competitor products in storage equipment.
  • The Supply Center will be provided as is, without any warranty or guarantee.

Products

We will provide products to you in the amounts and on the schedule agreed to by you and us. All products will be supplied to you in accordance with and subject to our Terms and Conditions of Sale. **Unless your order is subject to an existing agreement between you and any of the Thermo Fisher Scientific group of companies, in which case that agreement applies, any products and services you purchase using this platform will be subject to our terms and conditions of sale, which you can find here.

  • Except for a Premier Supply Center, you or end user will purchase products to be placed in the Supply Center. You or end user will be charged for the products and take ownership of them when we ship them to you from our facility.
  • We will provide products for a Premier Supply Center on a consignment basis which means that you will not be charged for those products at the time we ship them to you but rather at the time an end-user removes products from the storage equipment. Therefore, we retain title and ownership of all products until they are removed from the storage equipment.

Intellectual Property

As between you and us, we exclusively own all intellectual property rights relating to our software that is included with any equipment we provide to you. And you understand and agree that we will not sell or give ownership rights to such software product to you but will license it. We will grant to you a royalty-free, non-exclusive, nontransferable license, without power to sublicense, to use software we provide to you under this agreement solely for your own internal business purposes on the equipment we provide you hereunder, and to use the related documentation solely for your own internal business purposes. Copying of our software, for whatever purpose, is forbidden.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THIS AGREEMENT,EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY THAT IS THE RESULT OF EQUIPMENT ERROR OR THE FAILURE OF EQUIPMENT TO PERFORM IN ACCORDANCE WITH ITS SPECIFICATIONS.

IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR THE SUPPLY CENTER AND ITS CONTENTS IS LIMITED TO $ 1,000.00.

THE PROVISIONS ABOVE IN THIS SECTION DO NOT LIMIT OUR LIABILITY THAT CANNOT BE LIMITED BY LAW, INCLUDING BUT NOT LIMITED TO LIABILITY FOR FRAUD AND DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.