LIMITATION OF LIABILITY AND EXCLUSIONS
Atlantis Bioscience shall not be liable for failure to perform any of its obligations resulting from circumstances beyond its reasonable control. Atlantis Bioscience will notify Customers as soon as practically possible after it becomes aware of deficiencies in any Product supplied. Any claim relating to Product shall be limited to replacement or refund of original purchase price paid.
Atlantis Bioscience will not be liable for any professional advice it may offer in relation to the use of Products nor any claims or applications not listed in the literature or any use other than Customer’s own Internal Research Purposes or the misuse of Products which will include using the Products for diagnostic, therapeutic or in vivo use in human subjects. Atlantis Bioscience cannot provide a guarantee for all applications for which a specific reagent may be used. Further, information disclosed in Atlantis Bioscience Product literature should not be considered as a recommendation to use Product in violation of any patents.
To the extent permitted by law, except for personal injury or death caused by Atlantis Bioscience negligence (for which no limit applies), Atlantis Bioscience will not be liable (under contract, by negligence or any other way) for any indirect or consequential loss or damage arising out of or in connection with the Products or this these Terms and Conditions even if Atlantis Bioscience has been advised of the possibility of such damages and Atlantis Bioscience’s total aggregate liability for any loss or damage in respect of product or this agreement will not exceed the amount paid for Product under this order.
To the extent permitted by law, except as set out in these terms Atlantis Bioscience disclaims and excludes all other warranties, conditions, terms, obligations and liabilities in respect of Product provided by Atlantis Bioscience, express or implied, whether by statute, law, custom, trade usage, course of dealings or otherwise, including without limitation those with respect to merchantability, quality, performance, non-infringement of third party rights or fitness or suitability for a particular purpose.