Terms of Use
Cedarlane
Corporation Website Terms of Use and Privacy Policy
Scope
This Terms of Use and Privacy Policy (“Terms of
Use”) applies to cedarlanelabs.com as well as any other sites (whether
websites or mobile applications) and social media accounts (the “Accounts”)
of Cedarlane Corporation (“Cedarlane”) and its affiliates.
Acceptance of Terms
of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE BROWSING THE ACCOUNTS. By accessing one or more of
the Accounts, you accept without limitation or qualification these Terms of Use.
Protection of
Privacy
Cedarlane is committed to protecting the privacy of visitors of the Accounts
in accordance with these Terms of Use and applicable privacy legislation. All
information collected related to the use of the Accounts is subject to the
Privacy Policy below.
Privacy Policy
Cedarlane is committed to protecting your privacy when you visit our Accounts.
By using an Account, you agree to be bound by the Terms of Use, including this
Privacy Policy, and you consent to the personal information that you provide to
the Accounts being collected, used and disclosed by Cedarlane in accordance
with this Privacy Policy and for the purposes described in these Terms of Use.
Subject to legal and contractual requirements, and upon reasonable
notice, you may withdraw your consent to Cedarlane’s collection, use and
disclosure of personal information at any time by contacting Cedarlane at the
address provided below. You may not be permitted to withdraw consent to certain
necessary uses and disclosures of personal information (such as, for example,
maintaining reasonable business and transaction records and disclosures to
government entities as required to comply with applicable laws). If you
withdraw your consent, Cedarlane may be unable to provide you with certain
services or information.
Note also that where Cedarlane has provided or is providing services to
you, your consent will be valid for so long as necessary to fulfill the
purposes described in these Terms of Use or as otherwise described to you at
the time of collection.
Collecting
Information – Personal Information
Personal information is any information about an identifiable individual
or that permits and individual to be identified, but does not, in most
circumstances, include business contact information. Cedarlane collects
personal information, wherever appropriate, directly from you or from
interactions with you, but may where necessary collect personal information
from other sources. The personal
information Cedarlane collects may include your name, address, email address
and other information relevant to Cedarlane providing services to you. Cedarlane limits its collection of your
personal information to the information that is necessary to fulfill the
purposes Cedarlane identifies to you or as otherwise required or permitted by
law.
We generally use the personal information you provide to improve
customer online ordering experience, to improve the content of the Accounts, to
improve the types of products and promotions offered, to identify visitors
during online ordering process and to save preferences for future orders. You
may opt out of communications from us at any time. The information Cedarlane
collects from or through the Accounts will not be used by Cedarlane to create
individual profiles based upon browsing history.
Collecting
Information – Contests and Surveys
From time-to-time we may have a contest or request information from
users by way of surveys. Participation in these contests or surveys is voluntary
and may require the disclosure of personal information. Information requested
in a contest may include contact information, such as name and address, products
and research interest and demographic information. Contact information will be
used only to notify winners and award prizes. Survey information will be used
on an aggregated basis only (and not on an individually identifiable basis).
Collecting
Information – Emails
Cedarlane offers Account visitors the opportunity to receive
communications by email. If you choose to opt-in, you will occasionally receive
email correspondence from Cedarlane regarding new information that Cedarlane
believes will be of interest to you.
If you want to unsubscribe from emails and communications or otherwise
do not want Cedarlane to use your email address, you have the option to do so
at the bottom or each communication you receive, or you can contact webadmin@cedarlanelabs.com or marketing@cedarlanelabs.com with your opt-out request.
Collecting
Information – Cookies
Like other sites, Cedarlane uses various technologies to collect
information and track your activity when you visit our Accounts. In particular,
Cedarlane may use cookies (small files of information that are stored on your
computer's hard drive by your internet browser) or pixel tags (invisible images
place on certain pages of its sites). Cookies and pixel tags allow us to track
your activities across various sites. The Accounts’ cookies do not store or
contain any personal information. You may set your browser to notify you or
decline the receipt of a cookie; however, certain features of our site may not
function properly or be available if your internet browser is configured to
disable cookies.
Collecting
Information – Advertising
We use Google Analytics' 3rd-party audience data such as age, gender,
and interests to better understanding the behaviour of our customers and work
with companies that collect information about your online activities to provide
advertising targeted to suit your interests and preferences. For example, you may
see certain ads on our Accounts or other sites because we contract with Google
and other similar companies to target our ads based on information we or they
have collected, including information that was collected through automated
means (such as cookies and web beacons). These companies also use automated
technologies to collect information, including Internet Protocol (IP)
addresses, when you click on our ads, which helps track and manage the
effectiveness of our marketing efforts.
You may opt out of the automated collection of information by third-party ad
networks for the purpose of delivering advertisements tailored to your
interests, by visiting the consumer opt-out page for the Self-Regulatory
Principles for Online Behavioral Advertising at https://optout.aboutads.info/ and edit or opt-out your Google Display Network ads' preferences
at https://adssettings.google.com/.
Collecting
Information – Storage, Retention and Disclosure
Cedarlane may automatically gather, or engage a third party to gather,
certain information about our site traffic and store it. For this purpose, we
use IP addresses to analyze trends, administer the Accounts, track site
navigation for consideration on an aggregated basis, and gather broad
demographic information for aggregate use. Cedarlane does not use this
information to create individual user profiles.
Cedarlane only retains your personal information as long as it is
required for the reasons it was collected, to fulfill Cedarlane’s legitimate
business needs to retain personal information for auditing, reporting or
dispute resolution purposes, or to comply with legal requirements.
Cedarlane provides access to personal information about our Accounts’ visitors
only to those outside technical agents, service providers or affiliates (“Service
Providers”) and employees who require it as part of their job. Cedarlane currently
collects, stores, accesses, and processes your personal information on servers
located in Canada either at Cedarlane’s premises or the premises of its Service
Providers.
If you request information through webadmin@cedarlanelabs.com, Cedarlane may require that its Service Providers who perform services
on Cedarlane’s behalf respond to your request. By using the Accounts, and by
requesting information through webadmin@cedarlanelabs.com, you consent to Cedarlane providing your email together with your
original request for information to the Service Providers for purposes of
responding. Cedarlane takes commercially reasonable contractual or other
measures to protect your personal information if stored, used, disclosed to,
processed or handled by these Service Providers.
From time to time, Cedarlane may disclose your personal information to
other Service Providers, where you consent to the disclosure or where
disclosure is required or permitted by law. Cedarlane does not sell personal
information.
Safeguards
Cedarlane protects your personal information in Cedarlane’s
custody and control from loss, misuse, unauthorized access and alteration by
using reasonable physical, organizational and technological security measures.
To the extent Cedarlane has arrangements with Service Providers to store or
process personal information on Cedarlane’s behalf, its policy is to require
them, by contractual or other means, to provide comparable protection while the
information is stored or processed by them. However, some of Cedarlane’s
Service Providers may be located in countries whose data protection laws are
not as protective as those in your country of residence and, despite the
measures that Cedarlane has in place, these laws may permit government and
national security authorities to access personal data in certain circumstances.
Access to Personal
Information
You may make a request to gain access to your personal information under
the Cedarlane’s care or control. Such requests must be in writing and require
proof of identity. Cedarlane will attempt to respond to your request as soon as
reasonably practicable, but in any event within thirty (30) calendar days and
will give you written notice if more time is needed.
Further Information
If you have questions or require additional information please contact
our IT team at webadmin@cedarlanelabs.com.
If you are not satisfied with Cedarlane’s response to your question or
request for further information, you may contact the Office of the Information
and Privacy Commissioner for Ontario.
Protection of
Intellectual Property Rights
Cedarlane strictly enforces protection of its intellectual property
rights, including all patents, copyrights and trademarks. Images, logos, text,
documentation, electronic text and image files, audio and video files and
clips, and other materials on the Accounts are protected by copyright laws and
may be covered by other restrictions. The materials and information from the Accounts
are available for informational and non-commercial use only by request and, for
greater clarity, you may not copy, reproduce, republish, upload, post, transmit
or distribute any such material or information in any way or for any purpose
without Cedarlane’s consent. You may not add, delete, distort or misrepresent
any content on the Accounts and any attempt to do so, or to defeat or
circumvent Cedarlane’s security features, are prohibited.
Links
The Accounts may provide links to other sites, including social media
sites that Cedarlane may use along with you, for reference and other purposes.
The privacy policies and terms of use of those other sites may be different
from these Terms of Use. Cedarlane is in no way responsible or liable for the
content that appears on those other sites, or for your privacy once you have
clicked through to those other sites. However, Cedarlane is responsible for any
personal information it collects, uses or discloses on those sites under these
Terms of Use. You are advised to review the posted terms and conditions and
privacy policies of all sites you visit through links from the Accounts.
Inappropriate Use
You may not use the Accounts to send or facilitate sending unsolicited
commercial electronic message or unsolicited bulk communications, to harvest
information about users, or in any manner that could constitute a criminal
offense, violate the rights of any third party, give rise to civil liability,
or otherwise be in violation of any applicable law.
Submitting Material
to Cedarlane
You cannot sue Cedarlane for using ideas you submit. If Cedarlane uses
them, or anything like them, it does not have to pay you or anyone else for
them. Cedarlane can use them for any purpose Cedarlane deems appropriate,
without compensating you or anyone else for them.
Any communication or material you transmit to Cedarlane through the Accounts
or in relation to the Accounts, including any remarks, data, questions,
comments, ideas, graphics, suggestions, or other information is, and will be
treated as, non-confidential (other than information Cedarlane promises to
protect under these Terms of Use) and non-proprietary. Cedarlane is free to use
any ideas, concepts, know-how, or techniques contained in any communication you
send to the Account for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products using such information. You
grant Cedarlane a non-exclusive, royalty-free, perpetual, irrevocable, and
fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content in an
unlimited manner, and waive any moral rights you may have therein in favour of Cedarlane.
You acknowledge that you are responsible for any submission you make.
This means that you (and not Cedarlane) have full responsibility for the
message, including its legality, reliability, appropriateness, originality, and
copyright.
Legal
No Medical or Professional Services
Advice
THE ACCOUNTS DO NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE. The Accounts and all the information that they contain are provided “as
is” without any express or implied warranty of any kind. You are encouraged to
confirm the information contained on the Accounts with other sources, and to
review the information carefully with your professional healthcare provider.
Cedarlane does not provide medical or similar professional services or advice
via the Accounts or otherwise, and the information provided is not intended to
replace medical advice offered by a physician. If you desire or require such
services or advice, you should consult a professional healthcare provider. You
should not construe Cedarlane’s publication of this content, or the content of other
sites linked to the Accounts, or the sale of any products on or through the
Accounts, as an endorsement by Cedarlane of any views expressed therein or of
any such products, or any warranty or guarantee of any strategy,
recommendation, treatment, product, action or application of medication or
preparation made by the author of the content. All implied warranties of every
kind, including implied warranties of merchantability, fitness for a particular
purpose, and non-infringement, are expressly disclaimed by Cedarlane.
Notwithstanding anything else herein, any products sold on or through the
Accounts are subject to Cedarlane’s Terms of Sale (available here www.cedarlanelabs.com/TermsAndConditionsOfPurchaseAndSale).
No Representations or Warranties
No representation is made, and no warranty is given, whether express or
implied, as to the completeness, reliability, timeliness or accuracy of any
information on the Accounts or any content of other sites linked to the
Accounts. You are responsible for verifying any information before relying on
it. Neither Cedarlane nor any of its partners, suppliers, associates or
affiliates involved in creating, producing or delivering the Accounts or the
contents appearing on the Accounts, is liable or responsible for any errors or
omissions in the contents of the Accounts, or your use (or any interruption
thereto) of the Accounts or the information contained on the Accounts. The
information and contents of the Accounts may be out of date, and Cedarlane
makes no commitment to update the information and contents of the Accounts. Use
of the Accounts, any links that may appear on the Accounts and the content
available on the Accounts or at such links, is at your sole risk. You are
responsible for taking all necessary precautions to ensure that any content you
obtain from the Accounts or any links that may appear on the Accounts is free
of viruses.
The above exclusions may not apply in jurisdictions that do not allow
the exclusion of certain implied warranties.
No Endorsements
References in the Accounts to any specific products, processes or
services, whether by trade-name, trademark, corporate entity or otherwise, do
not constitute or imply an endorsement, recommendation or favouring of any kind
by Cedarlane, and Cedarlane is in no way responsible or liable for your use of
any such information, specific products, processes or services.
The appearance in the Accounts of links to other sites does not
constitute or imply an endorsement, recommendation or favouring of those sites
or the information, products or services available on or through those sites by
Cedarlane, and Cedarlane is in no way responsible or liable for your use, or
the contents of, any such sites.
Limitation of Liability
Your use of the Accounts or any content thereon is at your own risk. Cedarlane
has no responsibility or liability for any damages caused to your computer
equipment or other property as a result of your use of the Accounts or any
other sites linked to or from the Accounts.
Under no circumstances will Cedarlane, its employees, officers or
directors be liable to any person or business entity for any liability, whether
based in contract, tort, or otherwise for any direct, indirect, special,
incidental, consequential or other damages (including, without limitation, any
lost profits, business interruption or loss of programs, data, property or
information), arising out of or in any way connected with any use of the Accounts,
their contents, any other sites or social media platforms to which the Accounts
are linked or the contents of such linked sites or platforms, even if Cedarlane
has been advised of the possibility of such damages, including but not limited
to reliance by any party on any content obtained through the use of the
Accounts, or that arises in connection with mistakes or omissions in, or delays
in transmission of, information to or from the user, interruptions in
telecommunications connections to the Accounts or viruses, whether cause in
whole or in part by negligence, acts of God, war, terrorism, telecommunications
failure, theft or destruction of, or unauthorized access to the Accounts, or
related information or programs, including any links that may appear on the
Accounts.
In any event, Cedarlane’s liability to you for all
losses, damages, injuries, and claims of any and every kind that accompany or
result from your use of the Accounts (whether the damages are claimed under the
terms of a contract, or claimed to be caused by negligence or other wrongful
conduct, or they are claimed under any other legal theory) will not be greater
than the amount you paid Cedarlane to access the Accounts.
Termination or Suspension
Cedarlane is entitled to terminate all or any part
of the Accounts at any time without notice to you. Cedarlane may suspend your
use of the Accounts and terminate this agreement at any time and without notice
to you, if, in its sole discretion, you breach any term or condition of these
Terms of Use.
Amendment
To the fullest extent permitted by
applicable law, Cedarlane reserves the right to change or supplement these Terms of Use at
any time without prior notice to you, and in its sole discretion. If Cedarlane makes any substantial
changes to the Terms of Use then Cedarlane will make reasonable efforts to post
a prominent announcement on the Accounts indicating that there has been a change
but will not otherwise notify you of the change. The latest version of these Terms of Use
will be posted at this page and will be effective upon posting. You should review this policy
regularly to ensure that you are aware of any changes made.
Governing Law
If you use the Accounts from
locations outside of Canada, you are responsible for compliance with applicable
local laws.
To the full extent permitted by
applicable law, these Terms of Use are governed by, construed and enforced in
accordance with the laws of the Province of Ontario, Canada, without reference
to conflict of laws principles, and the federal laws of Canada applicable
therein. To the extent you have in any manner violated or threatened to violate
Cedarlane’s intellectual property rights, Cedarlane may seek injunctive or
other appropriate relief in any court of competent jurisdiction. Any other
dispute shall be submitted exclusively to the courts of competent jurisdiction
in the Province of Ontario, Canada.
CEDARLANE CORPORATION - TERMS AND CONDITIONS OF PURCHASE AND SALE
Last updated: Feb 1, 2023
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE MAKING A PURCHASE PURSUANT TO THESE TERMS. THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE.
BY PLACING AN ORDER WITH CEDARLANE CORPORATION OR ANY OF ITS AFFILIATES, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM CEDARLANE CORPORATION OR ANY OF ITS AFFILIATES, IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS; (B) HAVE NOT REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE APPLICABLE GOODS OR SERVICES BY APPLICABLE LAW. PLEASE PRINT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
These Terms and Conditions of Purchase and Sale (“Terms and Conditions”) govern the offer, purchase, and sale of research and diagnostic products and shipping supplies (the “Products”) from Cedarlane Corporation or any of its affiliates (“Cedarlane”, “we”, “us” or “our”), whether by phone, fax or through the websites cedarlanelabs.com or cedarlane.ca (hereinafter the “Sites”) which are operated by Cedarlane Corporation, together with the Terms of Use (available here www.cedarlanelabs.com/Home/TermsOfUse). In the event of an inconsistency between these Terms and Conditions and the Terms of Use, these Terms and Conditions will prevail.
To the fullest extent permitted by applicable law, Cedarlane reserves the right to change or supplement these Terms and Conditions at any time without prior notice to you, and in its sole discretion. If Cedarlane makes any substantial changes to these Terms and Conditions then Cedarlane will make reasonable efforts to post a prominent announcement on the Sites indicating that there has been a change but will not otherwise notify you of the change. The latest version of these Terms and Conditions will be posted at this page and will be effective upon posting. You should review them before purchasing any Product from Cedarlane. The Terms and Conditions that are posted at the time your Order is made governs that Order.
These Terms and Conditions are an integral part of the Sites’ Terms of Use that apply generally to the use of our Sites. You should carefully review our Terms of Use (available here www.cedarlanelabs.com/Home/TermsOfUse) before placing an Order for Products through the Sites. For any other information, you may need to contact Cedarlane Customer Service (webadmin@cedarlanelabs.com). In order to receive any other information about the use of the Sites or the purchases made through the Sites or by phone or fax you can see the relevant sections of these Terms and Conditions.
1. CONTRACT PARTIES - COMMERCIAL POLICY
These Terms and Conditions apply exclusively to the sale of research and diagnostic products and shipping supplies from Cedarlane. The sale of third party products that are linked to the Sites, or that appear by means of banners or hyperlinks are not governed by these Terms and Conditions. If you want to purchase any third-party products other than from the Sites, please check the product’s applicable website and online sales conditions. Cedarlane does not control and is not responsible for the supply of goods or services offered by such third parties.
Before initiating or submitting a purchase order (an “Order”) with Cedarlane, you agree and represent that you have read and accepted these Terms and Conditions and all the information provided during the order process. If you have placed your Order using or relying on information from the Sites, you also agree and represent that you have read our Terms of Use (available here www.cedarlanelabs.com/Home/TermsOfUse) and accept them in full without any reservation.
2. PRODUCTS
The Products listed on the Site are either third-party products, custom manufactured products or Cedarlane-branded products under Cedarlane trademarks, or trademarks under license to Cedarlane from others. Cedarlane does not sell second-hand products, non-conforming products or products of quality standards lower than other products sold through traditional market channels (e.g., retail). All advertisements on the Sites are invitations to purchase and not offers to sell.
Descriptions of the Products can be found on the Products’ pages on the Sites. Note that the pictures and colors of the Products on the Sites may vary from the real article depending on your Internet browser settings or the monitor settings you use. Cedarlane attempts to be as accurate as possible on the Sites. However, Cedarlane does not warrant that Product descriptions or other content on the Sites is accurate, complete, reliable, current or error-free. If a Product offered is not as described, your sole remedy is to return it in unused condition if and as permitted in accordance with Section 6 of these Terms and Conditions.
All prices posted on the Sites are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is submitted and will be set out in your Order confirmation email. Price increases will only apply to Orders placed after such changes. Posted prices do not include taxes, charges for shipping and handling or other fees. All such taxes, charges and fees will be and charges will be added to your Products total in your Order approval email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any Orders arising from such errors. Please check the final prices before placing an Order and completing the purchasing procedure.
3. ENTERING INTO A CONTRACT WITH CEDARLANE
When you place your Order, we will provide you a summary showing a list of the Products you selected to purchase, their main characteristic, and their prices, shown in Canadian dollars. You agree that your Order is an offer to buy, under these Terms and Conditions, all Products listed under your Order. If you disagree with any of the Terms and Conditions, we invite you not to place an order. All Orders must be accepted by us, and until such time as the Orders are accepted and such acceptance is communicated to you including final pricing inclusive of taxes, shipping and other fees, we will not be obligated to sell the Products to you. We may choose not to accept any Orders in our sole discretion, including to apply with any applicable sanction laws, rules, and regulations imposed by the Canadian government, the United States government, and the United Nations, as well as other country-specific or international sanctions applicable to Cedarlane’s business. We reserve the right, in our sole discretion, to limit the quantity of items purchased per person, per institution or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to you should such limits be applied. All Orders placed with Cedarlane are subject to product availability and will be shipped in accordance with Cedarlane’s shipping policies unless otherwise specified on order confirmation.
When we receive your Order, we will send you a confirmation email with your Order number and information on the items you have ordered. Our acceptance of your Order and the formation of the contract of sale between Cedarlane and you will not take place until we have verified the data you provided with your Order and you have received your Order approval email which will include final pricing inclusive of taxes, shipping and other fees, and then only in accordance with these Terms and Conditions.
You have the option to cancel your Order at any time before we have sent your Order approval email by calling our Customer Service department at custserv@cedarlanelabs.com or telephone 1-800-268-5058 (Canada) or 1-800-721-1644 (USA). Cancellation or changes occurring after this time, are subject to the approval of Cedarlane and fees may apply.
Any duplicate orders received by Cedarlane and then processed and confirmed by Cedarlane are consider valid orders and are the customers responsibility.
The Order will be filed in Cedarlane’s database to the extent it is necessary for Cedarlane to process it in compliance with any applicable law or manufacturer order requirements.
Cedarlane will not fill Orders that are incomplete and/or incorrect. In such cases, we will inform you that the Order has not been finalized nor processed, specifying the relevant reasons.
If any Product(s) that was displayed on the Sites either at the time of your last access or at the time you placed the Order become unavailable, Cedarlane will timely inform you about the unavailability. In such event, if you have already paid for the Products, the contract with respect to such Products will be considered terminated and Cedarlane will refund the entire amount paid with respect to such Products promptly. Cedarlane may not be informed regarding product availability for an extended period of time, and so information about availability may change after the Order is initially placed. Cedarlane will inform you of any such changes as it becomes aware of them.
Any liability, whether in contract or in tort, for direct or indirect damages to persons and / or property caused by the failure to accept an Order for the above reasons is expressly excluded.
You are responsible for the security of your account and password. Cedarlane shall not be liable for any damages and expenses arising out of or relating to any unauthorized use of such password.
When you place an Order with Cedarlane, you represent and warrant that you conduct business in an ethical manner and that you and each of your affiliates has not violated the Corruption of Foreign Public Officials Act (Canada), the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010, or the anti-corruption laws of any other jurisdiction you or your affiliates carry on business.
4. SHIPMENT AND DELIVERY
Products will be shipped to the address indicated in the Order through the carrier and the delivery service of Cedarlane’s choosing.
To the fullest extent permitted by applicable law, title and risk of law pass to you upon our transfer of the Products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Cedarlane is not liable for any delays in shipment resulting from carrier faults, omission or misconduct in conducting delivery services, or as a result of manufacturer delays, faults or omissions.
5. PAYMENTS
Payments must be received by Cedarlane by way of an agreed form of payment before our acceptance of the Order, and no Order shall be considered accepted until such payment has been received, unless otherwise agreed between contracting parties.
You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) if you are paying via credit card, you are duly authorized to use such credit card for the purchase and the charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the prices provided in the Order approval, including all applicable taxes, if any. Credit cards are not charged until the Product has shipped at which time you will only be charged for the Product actually shipped including any appropriate taxes or shipping/handling charges. Cedarlane reserves the right not to fulfill your order in the event that a charge to your credit card is rejected by the card issuer.
If you chose to pay via credit card your payment card information (e.g., card number, expiration date, security code, etc.) will be forwarded by encrypted protocol to the bank providing the electronic payment service. No third parties can access this data.
Your payment information will never be used by Cedarlane for any purpose other than processing your Orders, or to process a refund, or to prevent fraud or to report fraud cases to the competent authorities.
6. RETURN AND REFUNDS
Except for any Products identified as non-returnable, we will consider a return of any Cedarlane Product that is substantially intact for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 calendar days of the delivery date and provided that the Product is returned in its original condition (including appropriate temperature stored product in an unopened format). For returns of third-party Products, please consult the terms and conditions of the relevant third party manufacturer. Products considered In vitro diagnostic (IVD) products and custom manufactured Products are non-returnable and other Products may also be identified on the Site as non-refundable at the time of purchase. To return a returnable Product, you must contact us by giving us written request for a return, providing the Order information and the Product you would like to return using one of the following means:
Customer Service – via e-mail custserv@cedarlanelabs.com or telephone 1-800-268-5058 (Canada) or 1-800-721-1644 (USA).
When we receive such written communication, Cedarlane will contact you in a timely manner, and provide you with a Return Authorization Form which must be completed (a return or restocking fee may be applied). You bear the risk of loss during shipment. Once we receive the returned Products in their original condition in accordance with these terms, we will process your refund back to the same payment method used to make the original purchase.
7. LIMITED WARRANTY
Cedarlane warrants that all Products other than custom manufactured products will conform to the manufacturer’s specifications for a term (the “Warranty Period”) equal to the shorter of (i) the warranty period stated in the product manufacturer’s literature or, in the case of Cedarlane-branded Products, 30 days from the date of delivery, and (ii) the shelf-life of the Product. Cedarlane does not warrant as to the safety, efficacy or performance of any custom manufactured products or as to the quality of such custom manufactured products and all such products are sold by Cedarlane “as-is”.
To the fullest extent allowable under applicable law, Cedarlane hereby disclaims and any and all other warranties and conditions, whether legal, express or implied, arising from statute, course of dealing, usage of trade or otherwise, including but not limited to warranties of merchantability, merchantable quality, quality or fitness for a particular purpose, title and non-infringement of third party rights. Cedarlane will not be responsible for ensuring that Products are suitable for your purposes. To the extent that the provisions of any applicable legislation expressly replace, eliminate, amend, extend or prohibit any term or terms contained in these Terms and Conditions, such term or terms shall be accordingly replaced, eliminated, amended or extended, as the case may be, in accordance with such legislation.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOLLOWING LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, WE LIMIT THE DURATION AND REMEDIES OF ANY IMPLIED WARRANTIES TO THE WARRANTY PERIOD.
THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM CEDARLANE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCT. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGES DUE TO 1) TRANSPORTATION; 2) STORAGE; 3) IMPROPER OR NEGLIGENT USE; 4) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; 5) MODIFICATIONS; 6) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY CEDARLANE; 7) UNAUTHORIZED REPAIR; 8) NORMAL WEAR AND TEAR; OR 9) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
THE WARRANTY PERIOD IS NOT EXTENDABLE IF WE REPAIR OR REPLACE A WARRANTED PRODUCT. WE MAY CHANGE THE AVAILABILITY OF THIS LIMITED WARRANTY AT OUR DISCRETION, BUT CHANGES WILL NOT BE RETROACTIVE.
TO OBTAIN THE WARRANTY YOU MUST CONTACT CUSTOMER SERVICE TO CONFIRM THE REQUIRED STEPS.
WE WILL, IN OUR SOLE DISCRETION, EITHER (i) REPAIR OR REPLACE THE WARRANTED PRODUCT OR ITS DEFECTIVE PART OR (ii) REFUND THE PURCHASE PRICE OF SUCH PRODUCTS. WE WILL ALSO PAY FOR SHIPPING AND HANDLING FEES TO RETURN THE REPAIRED OR REPLACEMENT PRODUCT OR PART TO YOU IF WE ELECT TO REPAIR OR REPLACE THE DEFECTIVE PRODUCT OR PART.
8. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
9. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying Products from the Site for your own use only, and not for resale or export unless otherwise specifically agreed with Cedarlane on terms to be determined between the parties at that time. Products distributed by Cedarlane shall be “For Research Purposes Only” unless otherwise indicated, and have not been cleared or approved for diagnostic or therapeutic purposes by Health Canada.
10. INTELLECTUAL PROPERTY USE AND OWNERSHIP
Cedarlane and its licensors will remain the sole and exclusive owners of all intellectual property rights in and to each Product made available on this Sites and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products made available by Cedarlane or of any intellectual property rights relating to those Products through your purchase of Products or otherwise. Buyers and end-users are strictly prohibited from, directly or indirectly, using, studying or analysing any Product, or any part of it, or otherwise attempting to learn the respective design, construction, composition, or operation of any Product or to reverse engineer, produce a copy, or make an improved version of the Product or any functionally similar material or permit any third party to do so.
11. FORCE MAJEURE
We shall not be liable for delay or failure to perform our obligations under these Terms and Conditions due to any contingency beyond our reasonable control, including, but not limited to, war, acts of terrorism, riot or other civil unrest, political insurrection, acts or orders or expropriation by any government, governmental restrictions or controls on imports, exports or foreign exchange, changes in law, inability to procure or shortage of suppliers of necessary materials, fuel shortage, strike, lock out or other labor disturbances or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, epidemic, pandemic, fire, flood, explosion, earthquake, or other natural events.
12. NO WAIVERS
No waiver by Cedarlane of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cedarlane to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions will be binding upon and will enure to the benefit of the parties’ successors and assigns.
13. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
14. ENTIRE AGREEMENT
These Terms and Conditions and our Terms of Use constitute the sole and entire agreement between you and Cedarlane and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, including any such information included in Orders or customer intake forms unless otherwise specifically agreed in writing.
15. SEVERABILITY
If any provision of these Terms and Conditions is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and Conditions and will not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.
16. PRIVACY
For information about how we process personal data and any other information about the usage of the Sites please read the Terms of Use (available here www.cedarlanelabs.com/Home/TermsOfUse).
To the fullest extent permitted by applicable law, Cedarlane reserves the right to change or supplement its Terms of Use at any time without prior notice to you, and in its sole discretion. If Cedarlane makes any substantial changes to the Terms of Use then Cedarlane will make reasonable efforts to post a prominent announcement on the Sites indicating that there has been a change but will not otherwise notify you of the change. You should review these policies regularly to ensure that you are aware of any changes made.
17. APPLICABLE LAW
If you purchase Products from Cedarlane from locations outside of Canada, you are responsible for compliance with applicable local laws.
To the full extent permitted by applicable law, these Terms and Conditions are governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, without reference to conflict of laws principles, and the federal laws of Canada applicable therein. To the extent you have in any manner violated or threatened to violate Cedarlane’s intellectual property rights, Cedarlane may seek injunctive or other appropriate relief in any court of competent jurisdiction. Any other dispute shall be submitted exclusively to the courts of competent jurisdiction in the Province of Ontario, Canada. The parties hereby expressly agree to exclude the application of the United Nation Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time.
18. CUSTOMER CARE SERVICES
For any information or complaint, please contact the Cedarlane Customer Service via e-mail custserv@cedarlanelabs.com or telephone 1-800-268-5058 (Canada) or 1-800-721-1644 (USA).
