This Agreement is between MarvelPep USA ("we," "us") and the person or organization opening this account and purchasing products ("Purchaser," "you"). It applies to every product you buy from us and to every order you place, now and in the future, until it is replaced by a later version that you accept. If you are accepting on behalf of an organization, you confirm that you are authorized to bind it.
Every product sold by MarvelPep USA is a research chemical supplied solely for in-vitro laboratory research by qualified persons. Products are not sold, and must not be used, for any human or veterinary purpose. You will not administer any product to yourself, to any other person, or to any animal, by any route, and you will not use any product in a clinical trial, an investigational or compassionate-use program, or any procedure involving human subjects.
Products are not drugs, medicines, foods, dietary supplements or cosmetics. They have not been evaluated or approved by the U.S. Food and Drug Administration or any other regulator for safety, efficacy or any use. No product is intended to diagnose, treat, cure, mitigate or prevent any disease or condition.
You represent that you are at least 21 years of age; that you are purchasing as an independent researcher or on behalf of a laboratory, research institution or business; and that the products will be handled only by qualified persons, meaning persons trained in the laboratory handling of chemicals, using suitable facilities and equipment.
MarvelPep USA may ask for reasonable evidence of the facts stated in section 3, including proof of age, business registration or a description of your research facility, and may hold orders or suspend the account until it is received.
Nothing on our website, in our documents or from our staff is medical, dosing or health advice, and none of it may be relied on as such. MarvelPep USA will not answer questions about administering products to people or animals.
You are solely responsible for the safe receipt, handling, storage, use and disposal of products in accordance with the certificate of analysis, the safety data sheet, which MarvelPep USA provides on request, and accepted laboratory safety practices. Products must be stored as indicated on their labels and kept out of the reach of children and unauthorized persons.
You will notify MarvelPep USA within 24 hours of any adverse event, injury, contamination, regulatory inquiry or law-enforcement contact connected with a product. If MarvelPep USA withdraws a lot, you will stop distributing it, pass the notice to every recipient, and cooperate with its return or destruction.
You must not remove, obscure or alter the "Research Use Only" statement on any product. Where you relabel products under your own name, MarvelPep USA grants you a revocable, non-exclusive license to reproduce the MarvelPep USA certificate code on your label for the lot to which it relates; you will not alter the lot number, quantity or certificate content, and you will not present the certificate as covering any repackaging or any product other than the product as MarvelPep USA shipped it. Your label, your brand and any claims made under them are your responsibility alone. If you resell or supply products to anyone else, you will do so only under written terms at least as restrictive as sections 1 through 9 and 14 of this Agreement, you will not market them as being for human or animal use, and you will keep records identifying each recipient by name, address and lot number for three years.
You will comply with all federal, state and local laws that apply to purchasing, possessing, handling, shipping and using research chemicals, including the Federal Food, Drug, and Cosmetic Act. MarvelPep USA does not sell substances scheduled under the Controlled Substances Act. Where a state restricts a product you order, you are responsible for holding any license that state requires and will provide a copy on request, and you are responsible for confirming that the products you order are lawful to receive and possess at your address. MarvelPep USA ships only to addresses in the United States; you will not export or re-export any product, or supply it to anyone you know or should know intends to export it.
Prices are those shown when the order is placed and exclude taxes. Payment is due when the order is placed. Credit is not extended unless MarvelPep USA has authorized it in writing for your account; where it has, the terms fee shown on the order applies and payment is due by the date on the invoice. You will pay any sales or use tax MarvelPep USA is required to collect unless you provide a valid resale or exemption certificate before the order ships. An order may be cancelled only before it ships; once it has shipped it cannot be cancelled or changed.
All sales are final. MarvelPep USA does not accept returns, exchanges or refunds for any reason.
Research chemicals are sensitive to heat, light and handling and cannot be verified again once they have left our control, so no product is accepted back; a shipment sent back to MarvelPep USA will be refused or destroyed and will not be credited. Shortages, damage in transit and non-delivery are handled only under section 12. You agree not to dispute a charge with your card issuer or bank in place of the process in section 12 for an order the carrier shows as delivered.
Title and risk of loss pass to you when the carrier accepts the shipment. You will inspect each shipment on arrival and report any shortage or damage to MarvelPep USA within 48 hours of delivery, with photographs of the package and its contents; a shipment that has not arrived must be reported within 7 days of the carrier's estimated delivery date. Where a report is made in time, MarvelPep USA may, at its sole discretion, replace the affected items or credit your account. No replacement or credit is owed unless MarvelPep USA has authorized it in writing, and no return of product is required or accepted. A shipment the carrier shows as delivered to your address is delivered, and later reports are waived. Delivery dates are estimates.
A certificate of analysis states the identity and purity of a batch as tested. It is not a statement of suitability for any use, and it is not a warranty.
Products are supplied "as is" for research purposes. MarvelPep USA disclaims all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.
Research chemicals may be hazardous. You accept all risk arising from the receipt, handling, storage, use, misuse and disposal of products by you or by anyone who obtains them from you.
You will indemnify and hold harmless MarvelPep USA, its owners, employees and agents from any claim, loss, liability or expense, including attorneys' fees, arising from your breach of this Agreement or from any use of products by you or by anyone who obtains them from you, except to the extent caused by MarvelPep USA's gross negligence or willful misconduct. To the fullest extent permitted by law, MarvelPep USA is not liable for lost profits or for indirect, incidental or consequential damages, and its total liability for any order is limited to the price paid for that order.
MarvelPep USA may refuse, hold or cancel any order or close any account where it has reason to believe that products are being purchased for a purpose other than laboratory research, or that this Agreement has been breached. Statements made when opening an account or placing an order are relied on when accepting the order.
MarvelPep USA keeps a record of your acceptance of this Agreement, including the version accepted, the name given, the date and time, and the network address used, and reaffirms it with every order you place. These records are kept for as long as your account and order history are retained. You agree that accepting this Agreement electronically, by typing your name and selecting the confirmation, has the same effect as a handwritten signature, and you consent to receive this Agreement, invoices and notices electronically; a paper copy is available on request.
This Agreement is governed by the laws of the State of Montana, without regard to conflict-of-law rules. Any dispute will be brought exclusively in the state or federal courts located in Cascade County, Montana, and each party waives trial by jury. You may not assign this Agreement without MarvelPep USA's written consent. A revised version takes effect for you when you accept it, and you may not place further orders until you do. Sections 8, 11, 14, 15 and 17 survive closure of your account. If any provision is found unenforceable, the remainder stays in effect. This Agreement and our privacy notice are the entire agreement between you and MarvelPep USA about the matters they cover. Products may contain chemicals known to the State of California to cause cancer or reproductive harm; see www.P65Warnings.ca.gov.