Terms and Conditions

ALMAC DIAGNOSTIC SERVICES LIMITED - Terms & Conditions of Sale

This page provides the terms and conditions (“Terms and Conditions”) on which we supply any of the products (the “Products”) listed on our website www.dxshop.almacgroup.com. Potential customers should read these terms and conditions carefully before ordering any Products. By ordering any of our Products, customers agree to be bound by these terms and conditions.

  1. These terms and conditions shall apply exclusively to any contract between Almac Diagnostic Services Limited (“Almac”) and a customer of Almac (the “Buyer”) relating to all sales of Almac’s products (the “Products”) and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by a Director of Almac.
  2. After placing an order, the Buyer will receive an email from Almac acknowledging that Almac has received the order. This acknowledgment does not mean that the order has been accepted, as all orders are subject to acceptance by Almac. Almac will confirm such acceptance to the Buyer by sending a further email (the “Order Confirmation”). The contract between Almac and Buyer shall only be formed when Almac sends the Order Confirmation.
  3. Once the Order Confirmation has been sent to the Buyer, the order may be changed or amended only by a written agreement signed by both Buyer and Almac. The Buyer may not cancel the order unless such cancellation is expressly agreed to in writing by Almac.
  4. Orders shall be delivered EXW (Incoterms 2020) Almac’s facility. Buyer agrees that it shall bear all risk of loss or damage of the Products during transit. Except as expressly agreed by the parties in writing, any indicated time of delivery shall be a good faith estimate only.
  5. The Buyer must provide Almac with written notice of any defect or damage to the Products within five (5) days of receipt of the Products and, if requested to do so, the Buyer shall return the Products to Almac in accordance with Almac’s instructions to enable Almac to examine the Products.
  6. Almac’s sole and exclusive liability and the Buyer’s sole and exclusive remedy in relation to Products agreed by Almac to be defective or damaged shall be replacement of such Products or refund of the purchase price, at Almac's sole discretion.
  7. Almac shall not be liable to the Buyer by reason of any delay in or failure to deliver or otherwise perform any of Almac’s obligations hereunder if the delay or failure was due to any cause beyond Almac’s reasonable control.
  8. The price of any Products shall be as quoted on Almac’s website from time to time. The price shall be exclusive of any value added tax, any other duties or taxes and any shipping and handling charges.
  9. Payment options will be as detailed on Almac’s website. The Products will be shipped following receipt by Almac of payment in full in respect of the Products. For the avoidance of doubt, title of the Products will remain with Almac until such times as Almac has received payment in full in respect of the Products and all other sums which are, or which become due to Almac from the Buyer relating to the Products.
  10. In the event that the Buyer purchases PNPLA3 Genotyping kit Product from Almac, the Buyer acknowledges and agrees that the PNPLA3 Genotyping kit Product is intended for research use only (the “Permitted Use“), and is not to be used for any purpose other than the Permitted Use including but not limited to (i) use in any diagnostic procedures, or (ii)  use of the PNPLA3 Genotyping kit Product as, or as a component of, a marketed device, or (iii) use of the PNPLA3 Genotyping kit Product in providing clinical information or clinical analysis in return for compensation on a per-test basis or incorporation into another product for re-sale, whether or not such product is resold for Research use, unless otherwise agreed by  Almac in writing .
  11. The Products are supplied to and accepted by the Buyer ‘as is’ without any warranty of merchantability or fitness for any particular purpose or any other warranty, expressed or implied. In no event shall Almac be liable for any use of the Products, and the Buyer agrees to defend, indemnify, and hold harmless Almac from any loss, claims, costs, damages, or liability, which may arise from Buyer’s use, storage, or disposal of the Products, except to the extent such loss, claims, costs, damage, or liability are the direct result of Almac’s gross negligence or wilful misconduct.
  12. The Buyer agrees to comply with all laws and regulations applicable to the handling and use of the Product.
  13. Almac makes no representation that the use of the Product will not infringe any patent or proprietary rights of third parties.
  14. Nothing in these terms and conditions shall deem to grant or assign to the Buyer any rights under any patents, patent applications, trade secrets, trademarks, copyrights, or any other proprietary intellectual property rights of Almac or its affiliates.
  15. The Products and their composition shall be regarded as the know-how of Almac or third parties associated with Almac. The Buyer shall keep such know-how strictly confidential. In particular, the Buyer agrees not to determine the protein or genetic sequence of the Products or reverse engineer the Products. The Buyer agrees not to transfer the Products or parts thereof to any third party.
  16. Almac’s liability to the Buyer shall not exceed the amount received by Almac for the Products. Almac shall not be liable to the Buyer for any indirect loss or for any special, incidental, punitive or consequential damages whether this loss arises from breach of a duty in contract or tort or breach of statutory duty or in any other way including without limitation loss arising from Almac’s negligence, default, breach of duty, non-delivery, delay in delivery or defects or errors in the Products provided hereunder. Almac shall not be liable in particular (without limitation) for loss of profits, loss of revenue, loss of contracts or opportunity, cost of capital, cost of substitute Products or any claims of third parties for any of the foregoing. The foregoing limitation on liability shall not apply to claims for death or personal injury which arise due to Almac’s negligence.
  17. These terms and conditions shall be construed in accordance with the laws of the Courts of Northern Ireland.
  18. If any of these terms and conditions are determined by a competent authority to be invalid, unlawful or unenforceable, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
  19. These terms and conditions shall be binding upon the Almac and the Buyer and their respective successors and assigns.
  20. Refunds & Cancellations
    Due to the nature of the products, orders may only be cancelled prior to shipping. A full refund will be offered for cancellations or items not meeting required standards.
  21. To read Almac Group’s website terms and conditions - please click here