The following terms and conditions apply to all products sold by Taconic and are in addition to all other terms and conditions set forth on this website that are relevant to each product ordered.
Taconic Biosciences, Inc. ("Taconic") represents and warrants that at the time of delivery the ordered animals shall conform to Taconic's model number and sex listed on the Taconic packing list delivered for such animals. Customer shall visually inspect animals upon delivery to customer. Any health issue or quality control issue which can be noted upon visual inspection shall be reported to Taconic in writing within three (3) business days following delivery of the animals. If no written notice of health or quality control problems are provided within said three business day time period then the animals shall be deemed accepted in this regard. In addition, customer shall inspect the animals during the thirty (30) day time period following delivery and shall provide written notice to Taconic of any other reasons for rejection of an animal. If no written notice of any other reason for rejection is provided within said thirty day time period then the animals shall be considered fully accepted. In the event of any rejection of the animals, customer's sole remedy and Taconic's exclusive liability shall be, at Taconic's option, either the replacement of the rejected animals or a refund of the fee paid for the animals in question.
THE FOREGOING WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED RELATING TO THE ANIMALS. TACONIC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
LIMITATIONS OF LIABILITIES
In no event shall Taconic be liable to customer, or to any third party claiming by or through customer, for any special, incidental, consequential, exemplary, punitive, multiple or other indirect damages, or for loss of profits arising out of the provision of animals, failure to deliver animals conforming to specifications, or delay in delivery of animals, whether based upon warranty, contract, tort, strict liability or otherwise, even if Taconic has been advised of the possibility of such damages or losses.
Taconic's liability arising out of provision of animals, failure to deliver animals conforming to specifications, or delay in delivery of animals, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the fee paid by customer for such animal.
An action regarding animals delivered to customer may not be brought by customer more than one (1) year after the delivery of the animals, failure to deliver animals, or delay in delivery of animals.
Customer agrees to defend Taconic and its affiliates at customer's cost and expense, and will indemnify and hold Taconic, its affiliates, and their respective directors, officers, employees and agents (the "Taconic Indemnified Parties") harmless from an against any losses, costs, damages, fees or expenses arising out of any third party claim relating to the use of the delivered animals by customer, and/or any materials or any products obtained from the animals, including strict liability claims.
GENERAL & SPECIFIC TERMS AND CONDITIONS
Customers may not sell or transfer animal models, any progeny of animal models or any derivatives of animal models, to any third party without the prior written permission of Taconic. Additional terms and conditions will apply to specific animal models and are found on the animal model webpages.
Customers must adhere to acceptable standards for the humane care and use of animals and have the appropriate animal care and use policies in place. Customers will ensure that all animals in their posses- sion will be cared for, handled, used, stored, and disposed of in accordance with any and all applicable international, federal, state, and local laws, statutes, regulations, and/or guidelines, including but not limited to the Public Health Service Policy on Humane Care and Use of Laboratory Animals.
All animals are delivered FCA (Incoterms 2010) customer's named location, however customer shall pay all applicable container, packing, freight, insur- ance, boarding fees, customs, import, and any transaction or other fees.
In order to assure animal welfare, Taconic Biosciences will occasionally reschedule mouse and rat shipments due to extreme weather conditions. In such situations, Taconic will contact customers to inform them of the shipping embargo and discuss options to schedule a new shipment.