Limited Warranty.
Taconic Farms, Inc., warrants that the animal models provided shall conform to Taconic's published specifications. Any claim by a customer for breach of this warranty shall be made in writing to Taconic no later than thirty (30) days after receipt of the animal models by customer. Customer's sole remedy and Taconic's exclusive liability for a breach of this limited warranty shall be, at Taconic's option, either the replacement of the animal models or a refund of the fee paid for the animal models in question.
THE FOREGOING WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES RELATING TO THE ANIMAL MODELS DELIVERED, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR FOR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Limitations of Liabilities.
In no event shall Taconic be liable to Client or to any third party claiming by or through the Client for any special, incidental, consequential, exemplary, punitive, multiple or other indirect damages, or for loss of profits arising out of the provision of animal models, failure to deliver animal models conforming to the specifications or delay in delivery of the animal models, whether based upon warranty, contract, tort, strict liability or otherwise, even if Taconic has been advised of the possibility of such damages or losses.
Taconic's liability arising out of provision of animal models, failure to deliver animal models conforming to the specifications or delay in delivery of the animal models, whether based upon warranty, contract, tort, strict liability or otherwise, shall not exceed the fee paid by Client for such animal model.
An action for breach of this agreement may not be brought by Client more than one (1) year after the provision of animal models, failure to deliver animal models conforming to the specifications or delay in delivery of the animal models.
Indemnification.
Client agrees to defend Taconic and its affiliates at Client's cost and expense, and will indemnify and hold Taconic, its affiliates, and their respective directors, officers, employees and agents (the "Taconic Indemnified Parties") harmless from and against any losses, costs, damages, fees or expenses arising out of any third party claim relating to the design and manufacture of the materials or any products obtained therefrom, including strict liability claims.
Pregnant Animal Policies.
Taconic's Timed Pregnant Sprague Dawley rats exhibit greater than 95% accuracy for timing of gestational age. For additional information on Taconic's timed pregnant rats and suggestions for ordering, see our Sprague Dawley® section. For all other timed pregnant animals 14 days or less in gestation, customers should expect ~60% of the total number of females shipped to be pregnant. For timed pregnant animals 15+ days in gestation, customers should expect 100% of the females shipped to be pregnant. Litters will vary in size. Please order extra shipment in cases where quantity is critical.
If problems regarding gestational age or pregnancy with timed pregnant orders, customers should immediately contact Taconic's Customer Service Department to provide information regarding the number of animals involved and how non-pregnancy or mistiming was determined. Taconic will issue the appropriate credit.
All untimed pregnant orders are filled using late gestational age pregnant females selected from Production Colony breeders. Customers should be aware that untimed pregnant mice and rats may deliver their litters while in transit and that no assurances are given regarding the size of the litter.
Conditions of Use for Taconic Transgenic Models™
Taconic Transgenic Models™ are produced and distributed under rights to patents and intellectual property licensed from various institutions. Taconic grants to each purchaser a right under Taconic's rights in such licensed patents and intellectual property to use the purchased model in consideration of purchasers' acknowledgement of and agreement to the Terms and Conditions of the Sale and following terms of use: