MMRRC-UNC / UNC Systems Genetics Core Facility Mice (Herein referred to as (MMRRC/SGCF) Products & Services

"MICE" means mouse strains, their progeny derived by inbreeding or crossbreeding, unmodified derivatives from mouse strains or their progeny supplied by UNC. "PRODUCTS" means biological materials supplied by MMRRC-UNC/SGCF, and their derivatives. "RECIPIENT" means each recipient of MICE, PRODUCTS, or services provided by MMRRC-UNC/SGCF including each institution, its employees and other researchers under its control. 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 or PRODUCTS from MMRRC-UNC/SGCF shall be deemed as agreement by RECIPIENT to these conditions, and departure from these conditions requires MMRRC-UNC/SGCF's prior written authorization.

MICE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS". MMRRC-UNC/SGCF 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.

In case of dissatisfaction for a valid reason and claimed in writing by a purchaser within ninety (90) days of receipt of mice, products or services, MMRRC-UNC/SGCF will, at its option, provide credit or replacement for the mice or product received or the services provided.

No Liability

In no event shall MMRRC-UNC/SGCF, 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 MMRRC-UNC/SGCF, its agents or employees. Unless prohibited by law, in purchasing or receiving MICE, PRODUCTS, or services from MMRRC-UNC/SGCF, purchaser or recipient, or any party claiming by or through them, expressly releases and discharges MMRRC-UNC/SGCF from all such causes of action or damages, and further agrees to defend and indemnify MMRRC-UNC/SGCF from any costs or damages arising out of any third-party claims.

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

The foregoing represents the General Terms and Conditions applicable to MMRRC-UNC/SGCF'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 MMRRC-UNC/SGCF 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 MMRRC-UNC/SGCF, and by its licensees and distributors.

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 MMRRC-UNC/SGCF, 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 MMRRC-UNC/SGCF.

Payment terms

Terms are granted by individual review and stated on the customer invoice(s) and account statement. These transactions are payable in U.S. currency within the granted terms. Payment for services, products, shipping containers, and shipping costs that are rendered are expected within the payment terms indicated on the invoice or stated by contract. Invoices and account balances in arrears of stated terms may result in MMRRC-UNC/SGCF pursuing collection activities including but not limited to outside agencies and court filings.