TERMS AND CONDITIONS OF BUSINESS
"Conditions" mean these standard terms and conditions.
"Company" means Aquatic Diagnostics Limited, Institute of Aquaculture, University of Stirling, Stirling FK9 4LA.
["Customer" means you, the reader.]
1.2 By ordering a Product hereunder, the Customer accepts these terms and conditions. The terms and conditions may be subject to change at any time and it is the Customer's responsibility to check the terms and conditions prior to ordering such Products for any amendments and/or alterations.
1.3 All orders placed by a Customer shall be subject to (i) the written acceptance of the Company in accordance with Clause 1.5 below; and (ii) product availability.
1.5 On receipt of the order by the Company, the Company shall confirm acceptance of the order in writing or by e-mail.
1.6 The Company will use its reasonable endeavours to deliver the Products to the Customer as soon as practicable after the date of payment and if possible within 7 days of the date of payment. For the avoidance of doubt, the Company will not be in breach of these Conditions or have any liability whatsoever for failing to deliver the Products to the Customer by this date.
1.7 Unless otherwise specifically agreed in writing by the Company these Conditions shall govern all contracts between the Company and the Customer for the sale of any of the Products and shall prevail over any conditions or terms stipulated, referred to or incorporated by the Customer in its order or negotiations.
2.1 The prices of the Products (the "Price") shall be as set out in the Price List and are correct at the time of entering the information. However, the Company reserves the right to change the Price without prior notice.
2.2 All Prices quoted are in British Pound Sterling ("£GBP")2.3 All Prices quoted are exclusive of VAT and all other duties, taxes or charges which the Customer shall pay in addition to the Price.
3. PAYMENT AND DELIVERY
3.1 Unless otherwise agreed in writing by the Company, payment of the full Price (including any VAT) and any additional costs (including but not limited to postage /packaging/ carriage costs) will be made by the Customer in full before delivery shall be effected.
3.2 The Customer hereby agrees to effect payment to the Company by way of credit card, bank draft or cheque (UK only).
3.3 Where the Products are to be sold to a non-UK Customer, payment shall be made in £GBP.
4.1 Whilst every effort will be made to meet the Customer's individual requirements, the Company shall be under no obligation to accept amendments or cancellation of any order or any part thereof. If cancellation is accepted by the Company, any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting from the cancellation will be paid by the Customer.4.2 The Company shall be entitled to cancel any contract(s) with the Customer (subject to refunding the Price previously paid by the Customer) without penalty at any time by giving written notice to the Customer.
5. USE OF PRODUCT
5.1 The product information sheet ("Product Information Sheet") delivered with the Products sets out the Company's recommended use and storage of the Products. The information contained in the Product Information Sheet is for informational purposes only and should not be relied upon. The Company accepts no responsibility for and excludes all liability for damage and loss in connection with the use of the Product and/or the information contained in the Product Information Sheet. Whilst the Company believes the information to be true and accurate at the date of writing the Company can give no assurances or warranty regarding the accuracy, currency or applicability of any of the information in relation to specific situations or particular circumstances.
5.2 Although every care is taken by the Company in responding to requests for information and advice by telephone, facsimile, and e-mail no liability is accepted by the Company where information relating to the Customer's order is distorted in transmission.5.3 Any claim by the Customer which is based on any non-performance of the Products shall be notified to the Company in writing within  days from the date of delivery of the Products. If the Customer omits to notify the Company in accordance with this Condition the Company shall have no liability for such non-performance.
6.1 Notwithstanding anything in these Conditions to the contrary and save for the liability of the Company for death and personal injury caused by its negligence, the liability of the Company under these Conditions (whether by reason of breach of contract, tort, delict or otherwise) shall be limited to the Price paid by the Customer for the relevant Products.
6.2 In no event shall the Company be liable for any indirect damages including but not limited to, damages for loss of business or revenue, loss of profits or loss of goodwill or other damages consequential upon the same regardless of whether or not the Company has been informed of the possibility of such damages or is negligent.6.3 The Company's liability for selling and delivering the Products is as expressly stated and limited by these Conditions. All other warranties, rights, obligations, representations, undertakings liabilities, terms and or conditions (whether they are express or implied, or arise in contract, tort delict or otherwise, irrespective of the negligence of the Company) in connection with the Products and all such warranties, rights, obligations, representations, liabilities, terms or conditions are hereby expressly excluded.
7. QUALITY CONTROL
The Company will endeavour to comply with all applicable regulations and other legal requirements, including EC requirements, concerning sale and delivery of the Products.
8.1 The Company may defer or suspend the performance of the contract and or treat these Conditions as determined if the Customer:
8.1.1 breaches any of these Conditions;
8.1.2 undergoes insolvency proceedings of any nature or enters into any arrangement with its creditors.8.2 Termination for whatever reason shall not affect the rights and remedies accrued by the parties as at the date of such termination or any rights or obligations which due to the nature thereof are intended to survive termination.
9.1 If the Company is delayed or prevented from delivering the Products due to circumstances beyond its control, the Company may cancel or suspend the contract without any liability (subject to providing the Customer with the appropriate refund in the event that such delay or prevention is not due to an act or omission of the Customer).
9.2 These Conditions shall be governed by and construed in accordance with Scots Law. The Customer hereby submits itself to the non-exclusive jurisdiction of the Scottish Courts.
9.3 The Company shall be responsible for adherence to UK laws and regulations insofar as products manufactured in the UK are exported. The observance and implementation of laws and regulations applying outside the UK shall be the exclusive responsibility of the Customer.
9.4 The headings in these Conditions are inserted for convenience only. They do not affect their interpretation or construction.
9.5 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining conditions shall not be affected.
9.6 Failure or omission by the Company to enforce strict compliance with these Conditions by the Customer shall not constitute a waiver of any of these Conditions.