General terms and conditions

JAX® Mice, Product & Services

Definitions

"MICE" means mouse strains, their progeny derived by inbreeding or crossbreeding, unmodified derivatives from mouse strains or their progeny supplied by The Jackson Laboratory ("JACKSON").

"PRODUCT(S)" means biological materials supplied by JACKSON, and their derivatives.

"SERVICES" means projects conducted by JACKSON for other parties that may include but are not limited to the use of MICE or PRODUCTS.

"RECIPIENT" means each recipient of MICE, PRODUCTS, or SERVICES provided by JACKSON including each institution, its employees and other researchers under its control.

Conditions of Use

MICE or PRODUCTS shall not be: (i) used for any purpose other than the internal research, (ii) sold or otherwise provided to any third party for any use, or (iii) provided to any agent or other third party to provide breeding or other services. Acceptance of MICE, PRODUCTS or SERVICES from JACKSON shall be deemed as agreement by RECIPIENT to these conditions, and departure from these conditions requires JACKSON’s prior written authorization.

Payment Terms

All payments are due within thirty (30) days from the date of an invoice.

No Warranty

MICE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS." JACKSON EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO MICE, PRODUCTS OR SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT OF ANY PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Credit for PRODUCTS or SERVICES

In case of dissatisfaction for a valid reason and claimed in writing by a purchaser within ninety (90) days of receipt of, PRODUCTS or SERVICES, JACKSON will, at its option, provide credit or replacement for the PRODUCT received or the SERVICES provided; JACKSON makes no other representations, and this shall be the exclusive remedy of the purchaser. Please note specific policy for live mice.

Limitation of Liability

In no event shall JACKSON, its trustees, directors, officers, employees and affiliates be liable for any causes of action or damages, including any direct, indirect, special or consequential damages, arising out of the provision of MICE, PRODUCTS or SERVICES, including economic damage or injury to property and lost profits, and including any damage arising from acts or negligence on the part of JACKSON, its agents or employees. Unless prohibited by law, in purchasing or receiving MICE, PRODUCTS, or SERVICES from JACKSON, purchaser or recipient, or any party claiming by or through them, expressly releases and discharges JACKSON from all such causes of action or damages, and further agrees to defend and indemnify JACKSON from any costs or damages arising out of any third-party claims.

MICE, PRODUCTS or SERVICES are to be used in a safe manner and in accordance with all applicable governmental rules and regulations.

Dispute Resolution

For purchasers in locations other than the Peoples Republic of China, the purchaser hereby acknowledges and agrees that any dispute arising from or relating to the sale of Mice or Products, or the performance of Services, including a purchaser’s breach of these terms and conditions with respect to the use of Mice or Products (“Dispute”), shall be governed by the laws of the State of Maine, excluding the United Nations Convention on the International Sale of Goods and without reference to conflicts of laws principles.The purchaser further acknowledges and agrees that all Disputes shall be adjudicated before a federal or state court located in the State of Maine, and purchaser hereby submits to the exclusive jurisdiction of such federal or state courts with respect to any action or legal proceeding commenced by JACKSON or purchaser regarding a Dispute. Purchaser hereby irrevocably waives any objection that purchaser may have regarding the venue for such Disputes, including any objection that such courts in the State of Maine are an inconvenient forum.

For purchasers located in the Peoples Republic of China, any dispute arising from the sale of Mice or Products, including a purchaser’s breach of these terms and conditions with respect to the use of Mice or Products (“Dispute”), shall be governed by the laws of the State of New York, United States of America, excluding the United Nations Convention on the International Sale of Goods and without reference to conflicts of laws principles. All Disputes shall be arbitrated, solely in English, under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Singapore.

Additional Terms for Certain Mice, Products or Services

The foregoing represents the General Terms and Conditions applicable to JACKSON’s MICE, PRODUCTS or SERVICES. In addition, special terms and conditions of sale of certain MICE, PRODUCTS or SERVICES may be set forth separately in JACKSON web pages, catalogs, price lists, contracts and/or other documents, and these special terms and conditions shall also govern the sale of these MICE, PRODUCTS and SERVICES by JACKSON, and by its licensees and distributors.

Binding Agreement

Acceptance of delivery of MICE, PRODUCTS or SERVICES shall be deemed agreement to these terms and conditions. No purchase order or other document transmitted by purchaser or recipient that may modify the terms and conditions hereof, shall be in any way binding on JACKSON, and instead the terms and conditions set forth herein, including any special terms and conditions set forth separately, shall govern the sale of MICE, PRODUCTS or SERVICES by JACKSON.