Terms of Use

All sales of products and/or services by Aves Labs are subject to the customer’s acceptance of these terms and conditions. Please check these terms and conditions with each transaction, as Aves Labs reserves the right to revise these terms and conditions at any time without prior notice.

No Other Terms and Conditions

Additional or different terms and conditions may only be agreed to in a writing signed by an authorized officer of Aves Labs.

Acceptance

No orders shall be binding until final acceptance by Aves Labs. Aves Labs shall accept orders by sending a confirmation of order by e-mail, fax or mail to the address designated by the customer.

Price

Prices of Aves Labs’ products and services are provided on the web site and kept up-to-date. Prices are subject to change at any time without prior notice. The customer shall be charged for any and all taxes and other charges that may be assessed, and for the costs of packing and shipping and, in the case of international orders, handling.

Peptide Analysis

Aves Labs will charge the customer a fee of $200 for each peptide analysis (i.e., for each gene product analyzed). If the customer places an order based on this analysis, then these fees will be credited against the amount owed for that order.

Delivery

Aves Labs makes no guarantee, express or implied, that deliveries shall be made by a specific date. All deliveries are FOB Aves Labs’ facility (Tigard, Oregon USA).

Payment Terms

Payments shall be net 30 days from Aves Labs’ invoice. Aves Labs has the right to require other payment terms for large orders, new customers, and/or delinquent accounts. Accounts over thirty days late shall be subject to a charge of 1.5% per month. Customer shall be responsible for all costs incurred by Aves Labs in its efforts to collect delinquent amounts, including, but not limited to, reasonable attorney fees.

Cancellation

Customer agrees that if customer cancels any order more than 14 days from the date of acceptance by Aves Labs, then Aves Labs may charge a cancellation fee in the amount of 40% of the purchase price.

Guarantees

Customer understands and agrees that Aves Labs cannot guarantee that the antibodies produced by Aves Labs will work satisfactorily in all applications. The customer understands and agrees that the process of producing antibodies in chickens against novel antigens is, by its very nature, a research endeavor, and the final product may not be useful for the customer’s intended purpose. The customer shall be responsible for full payment for products and services delivered regardless of the performance of the products or services.

Customer’s Warranty

Customer warrants that any antigens sent by the customer to Aves Lab do not constitute a biohazard, as defined by state and federal law. Customer represents that the material being purchased shall be used for research purposes only, and may not be used for diagnostic or therapeutic purposes in humans.

Customer agrees that the sole remedy arising out of any claim against Aves Labs shall be a refund of the purchase price. Aves Labs shall not be liable for any special or consequential damages that result from the performance of the products or provision of services.

Notice

Aves Labs may deliver notice to the customer by e-mail, fax, a general notice on the site, or by other reliable method to the address the client has provided to Aves Labs. Notice shall be deemed provided as of the date of delivery.

Dispute Resolution

Customer agrees that exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the purchase of Aves Labs products shall be in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim the customer may have with respect to Aves Labs must be commenced within one (1) year after the claim or cause of action arises.

Miscellaneous

Customer agrees that these terms and conditions and the relationship between the parties shall be governed by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The failure of Aves Labs to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Aves Labs may assign its rights and duties under this Agreement to any party at any time without notice to the customer.