Terms & Conditions

Acceptance of Terms

These are the terms and conditions (“Terms”) under which we (Mykito Sciences, Inc.) sell our products to you, and they will govern all your product orders and purchases from Mykito Sciences. Our offer to sell products is expressly conditioned upon your acceptance of these Terms. You will be deemed to have accepted these Terms upon purchase. Our failure to object to any terms and conditions contained in any purchase order or other document from you will neither be construed as our acceptance of such terms and conditions, or a waiver of these Terms.

Acceptance

All orders are subject to availability; if requested, order acceptance/final pricing will be provided by fax from our headquarters in Wilmington, DE. Prices do not include shipping, state or import taxes. Orders are generally shipped within 24 hours upon acceptance. Prices are subject to change without notice.

Payment Terms

Payment terms are net 30 days with 1.5% interest charged on past due accounts. MasterCard and Visa are accepted for payments made in U.S. Dollars. Contact us for information on the foreign currencies accepted. Prices are subject to change without notice.

Limited Rights

You acknowledge and agree that all intellectual property rights in the products and in any Mykito Sciences, Inc. technology, intellectual property and know-how used to make or useful for the manufacture or use of the products will at all times remain vested in Mykito Sciences, Inc. and its licensors. Unless otherwise expressly agreed in writing by our authorized representative, your purchase of the products only grants you a limited, non-transferable right to use the quantity of the products that you have purchased from us for your internal research purposes only, and in compliance with the applicable intended use statement, limited use statement or limited label license, if any, in our current catalogue, website or on the label or other documentation accompanying the products (all such statements or licenses being incorporated herein by reference as if set forth herein in their entirety). No right to resell our products or any of their components is conveyed expressly, by implication, or by estoppel. Unless otherwise expressly agreed in writing by our authorized representative, we provide no rights to use our products in commercial applications of any kind, including, without limitation, manufacturing, quality control or commercial services such as reporting the results of your activities for a fee or other form of consideration.

Indemnity

To the extent allowed by applicable law, and except where a claim arises as a result of Mykito Sciences, Inc.’s gross negligence or willful misconduct or that of its affiliates, you will indemnify, defend and hold harmless Mykito Sciences, Inc., its officers, agents, employees, distributors and affiliates (“Indemnified Party”) for any claim, loss, damage, expense or other liability (including reasonable attorneys’ fees and costs) which may be made against an Indemnified Party as a result of (a) your acts, omissions, use or modification of a product, (b) our manufacture or sale of a product we make under your instructions, specifications, or other directions, (c) your failure to comply with the Contract, (d) your failure to acquire any applicable additional rights related to your use of the products, or (e) our use of materials you provide to us.

Limitations of Liability

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE) THAT YOU MIGHT INCUR UNDER THE CONTRACT, OR THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT, OR ANY PRODUCT, IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT PURCHASED.

11.2 DELIVERY DATES AND TIMES ARE ESTIMATES ONLY AND WE WILL NOT BE LIABLE (IN CONTRACT, TORT OR OTHERWISE) FOR ANY LOSSES, EXPENSES, CLAIMS OR DAMAGES CAUSED BY A LATE DELIVERY.